Bill Text: IL SB0194 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that a firefighter who previously participated in the Illinois Municipal Retirement Fund (IMRF) for service as a member of the fire department of a municipality and was transferred to that municipality's firefighters' pension fund upon its creation, as required under the Downstate Firefighter Article as a result of the federal decennial census of 2010, shall, for the purposes of determining the applicable tier of benefits, be deemed to have become a firefighter and member of that municipality's firefighters' pension fund on the date that he or she first participated in IMRF as a member of the fire department of that municipality, notwithstanding whether that start date was before January 1, 2011. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0194 Detail]
Download: Illinois-2019-SB0194-Engrossed.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Section 4-109 as follows:
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6 | (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
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7 | Sec. 4-109. Pension.
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8 | (a) A firefighter age 50 or more with 20 or more years of | ||||||
9 | creditable
service, who is no longer in service as a | ||||||
10 | firefighter, shall receive a monthly
pension of 1/2 the monthly | ||||||
11 | salary attached to the rank held by him or her in
the fire | ||||||
12 | service at the date of retirement.
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13 | The monthly pension shall be increased by 1/12 of 2.5% of | ||||||
14 | such
monthly salary for each additional month over 20 years of | ||||||
15 | service through 30
years of service, to a maximum of 75% of | ||||||
16 | such monthly salary.
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17 | The changes made to this subsection (a) by this amendatory | ||||||
18 | Act of the
91st General Assembly apply to all pensions that | ||||||
19 | become payable under this
subsection on or after January 1, | ||||||
20 | 1999. All pensions payable under this
subsection that began on | ||||||
21 | or after January 1, 1999 and before the effective date
of this | ||||||
22 | amendatory Act shall be recalculated, and the amount of the | ||||||
23 | increase
accruing for that period shall be payable to the |
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1 | pensioner in a lump sum.
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2 | (b) A firefighter who retires or is separated from service | ||||||
3 | having at
least 10 but less than 20 years of creditable | ||||||
4 | service, who is not entitled
to receive a disability pension, | ||||||
5 | and who did not apply for a refund of
contributions at his or | ||||||
6 | her last separation from service shall receive a
monthly | ||||||
7 | pension upon attainment of age 60 based on the monthly salary | ||||||
8 | attached
to his or her rank in the fire service on the date of | ||||||
9 | retirement or separation
from service according to the | ||||||
10 | following schedule:
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11 | For 10 years of service, 15% of salary;
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12 | For 11 years of service, 17.6% of salary;
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13 | For 12 years of service, 20.4% of salary;
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14 | For 13 years of service, 23.4% of salary;
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15 | For 14 years of service, 26.6% of salary;
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16 | For 15 years of service, 30% of salary;
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17 | For 16 years of service, 33.6% of salary;
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18 | For 17 years of service, 37.4% of salary;
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19 | For 18 years of service, 41.4% of salary;
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20 | For 19 years of service, 45.6% of salary.
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21 | (c) Notwithstanding any other provision of this Article,
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22 | the provisions of this subsection (c) apply to a person who | ||||||
23 | first
becomes a firefighter under this Article on or after | ||||||
24 | January 1, 2011. | ||||||
25 | A firefighter age 55 or more who has 10 or more years of | ||||||
26 | service in that capacity shall be entitled at his option to |
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1 | receive a monthly pension for his service as a firefighter | ||||||
2 | computed by multiplying 2.5% for each year of such service by | ||||||
3 | his or her final average salary. | ||||||
4 | The pension of a firefighter who is retiring after | ||||||
5 | attaining age 50 with 10 or more years of creditable service | ||||||
6 | shall be reduced by one-half of 1% for each month that the | ||||||
7 | firefighter's age is under age 55. | ||||||
8 | The maximum pension under this subsection (c) shall be 75%
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9 | of final average salary. | ||||||
10 | For the purposes of this subsection (c), "final average | ||||||
11 | salary" means the average monthly salary obtained by dividing | ||||||
12 | the total salary of the firefighter during the 96 consecutive | ||||||
13 | months of service within the last 120 months of service in | ||||||
14 | which the total salary was the highest by the number of months | ||||||
15 | of service in that period. | ||||||
16 | Beginning on January 1, 2011, for all purposes under
this | ||||||
17 | Code (including without limitation the calculation of
benefits | ||||||
18 | and employee contributions), the annual salary
based on the | ||||||
19 | plan year of a member or participant to whom this Section | ||||||
20 | applies shall not exceed $106,800; however, that amount shall | ||||||
21 | annually thereafter be increased by the lesser of (i) 3% of | ||||||
22 | that amount, including all previous adjustments, or (ii) | ||||||
23 | one-half the annual unadjusted percentage increase (but not | ||||||
24 | less than zero) in the consumer price index-u for the 12 months | ||||||
25 | ending with the September preceding each November 1, including | ||||||
26 | all previous adjustments. |
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1 | (d) A firefighter who previously participated in the | ||||||
2 | Illinois Municipal Retirement Fund (IMRF) for service as a | ||||||
3 | member of the fire department of a municipality and was | ||||||
4 | transferred to that municipality's firefighters' pension fund | ||||||
5 | upon its creation, as required under this Article as a result | ||||||
6 | of the federal decennial census of 2010, shall, for the | ||||||
7 | purposes of determining the applicable tier of benefits under | ||||||
8 | this Article, be deemed to have become a firefighter and member | ||||||
9 | of that municipality's firefighters' pension fund on the date | ||||||
10 | that he or she first participated in IMRF as a member of the | ||||||
11 | fire department of that municipality, notwithstanding whether | ||||||
12 | that start date was before January 1, 2011. | ||||||
13 | (Source: P.A. 96-1495, eff. 1-1-11.)
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14 | Section 90. The State Mandates Act is amended by adding | ||||||
15 | Section 8.43 as follows:
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16 | (30 ILCS 805/8.43 new) | ||||||
17 | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of this Act, no reimbursement by the State is required for the | ||||||
19 | implementation of any mandate created by this amendatory Act of | ||||||
20 | the 101st General Assembly.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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