Bill Text: IL SB0419 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Medical District Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-07-28 - Sent to the Governor [SB0419 Detail]

Download: Illinois-2017-SB0419-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Sections 4-108.5 and 6-164 as follows:
6 (40 ILCS 5/4-108.5)
7 Sec. 4-108.5. Service for providing certain fire
8protection services.
9 (a) A firefighter for a participating municipality who was
10employed as an active firefighter providing fire protection for
11a village or incorporated town with a population of greater
12than 10,000 but less than 11,000 located in a county with a
13population of greater than 600,000 and less than 700,000, as
14estimated by the United States Census on July 1, 2004, may
15elect to establish creditable service for periods of that
16employment in which the firefighter provided fire protection
17services for the participating municipality if, by May 1, 2007,
18the firefighter (i) makes written application to the Board and
19(ii) pays into the pension fund the amount that the person
20would have contributed had deductions from salary been made for
21this purpose at the time the service was rendered, plus
22interest thereon at 6% per annum compounded annually from the
23time the service was rendered until the date of payment.

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1 (b) Time spent providing fire protection on a part-time
2basis for a village or incorporated town with a population of
3greater than 10,000 but less than 11,000 located in a county
4with a population of greater than 600,000 and less than
5700,000, as estimated by the United States Census on July 1,
62004, shall be calculated at the rate of one year of creditable
7service for each 5 years of time spent providing such fire
8protection, if the firefighter (i) has at least 5 years of
9creditable service as an active firefighter, (ii) has at least
105 years of such service with a qualifying village or
11incorporated town, (iii) applies for the creditable service
12within 30 days after the effective date of this amendatory Act
13of the 94th General Assembly, and (iv) contributes to the Fund
14an amount representing employee contributions for the number of
15years of creditable service granted under this subsection (b)
16based on the salary and contribution rate in effect for the
17firefighter at the date of entry into the fund, as determined
18by the Board. The amount of creditable service granted under
19this subsection (b) may not exceed 3 years.
20 (c) This subsection applies only to a person who was first
21employed by a municipality in 2008 to provide fire protection
22services on a full-time basis as a firefighter or fire chief,
23but was prevented from participating in a pension fund under
24this Article until 2015 by reason of the employing
25municipality's delay in establishing a pension fund as required
26under this Article. Such a person may elect to establish

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1creditable service for periods of such employment by that
2municipality during which he or she did not participate, by
3applying to the board in writing and paying to the pension fund
4the employee contributions that he or she would have made had
5deductions from salary been made for employee contributions at
6the time the service was rendered, together with interest
7thereon at the rate of 6% per annum, compounded annually, from
8the time the service was rendered to the date of payment;
9except that the granting of such creditable service is
10contingent upon the consent of the governing body of the
11municipality and payment to the pension fund by the
12municipality of the corresponding employer contributions, plus
13interest.
14 For the purposes of Sections 4-109, 4-109.1, and 4-114, and
15notwithstanding any other provision of this Article, for a
16person who establishes creditable service under this
17subsection (c), the date upon which the person first became a
18participating firefighter under this Article shall be deemed to
19be no later than the first day of employment for which such
20creditable service has been granted.
21(Source: P.A. 97-813, eff. 7-13-12.)
22 (40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
23 Sec. 6-164. Automatic annual increase; retirement after
24September 1, 1959.
25 (a) A fireman qualifying for a minimum annuity who retires

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1from service after September 1, 1959 shall, upon either the
2first of the month following the first anniversary of his date
3of retirement if he is age 60 (age 55 if born before January 1,
41966) or over on that anniversary date, or upon the first of
5the month following his attainment of age 60 (age 55 if born
6before January 1, 1966) if that occurs after the first
7anniversary of his retirement date, have his then fixed and
8payable monthly annuity increased by 1 1/2%, and such first
9fixed annuity as granted at retirement increased by an
10additional 1 1/2% in January of each year thereafter up to a
11maximum increase of 30%. Beginning July 1, 1982 for firemen
12born before January 1, 1930, and beginning January 1, 1990 for
13firemen born after December 31, 1929 and before January 1,
141940, and beginning January 1, 1996 for firemen born after
15December 31, 1939 but before January 1, 1945, and beginning
16January 1, 2004, for firemen born after December 31, 1944 but
17before January 1, 1955, and beginning January 1, 2017, for
18firemen born after December 31, 1954 but before January 1,
191966, such increases shall be 3% and such firemen shall not be
20subject to the 30% maximum increase.
21 Any fireman born before January 1, 1945 who qualifies for a
22minimum annuity and retires after September 1, 1967 but has not
23received the initial increase under this subsection before
24January 1, 1996 is entitled to receive the initial increase
25under this subsection on (1) January 1, 1996, (2) the first
26anniversary of the date of retirement, or (3) attainment of age

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155, whichever occurs last. The changes to this Section made by
2this amendatory Act of 1995 apply beginning January 1, 1996 and
3apply without regard to whether the fireman or annuitant
4terminated service before the effective date of this amendatory
5Act of 1995.
6 Any fireman born before January 1, 1955 who qualifies for a
7minimum annuity and retires after September 1, 1967 but has not
8received the initial increase under this subsection before
9January 1, 2004 is entitled to receive the initial increase
10under this subsection on (1) January 1, 2004, (2) the first
11anniversary of the date of retirement, or (3) attainment of age
1255, whichever occurs last. The changes to this Section made by
13this amendatory Act of the 93rd General Assembly apply without
14regard to whether the fireman or annuitant terminated service
15before the effective date of this amendatory Act.
16 Any fireman born after December 31, 1954 but before January
171, 1966 who qualifies for a minimum annuity and retires after
18September 1, 1967 but has not received the initial increase
19under this subsection before January 1, 2017 is entitled to
20receive an initial increase under this subsection on (1)
21January 1, 2017, (2) the first anniversary of the date of
22retirement, or (3) attainment of age 55, whichever occurs last,
23in an amount equal to an increase of 3% of his then fixed and
24payable monthly annuity upon the first of the month following
25the first anniversary of his date of retirement if he is age 55
26or over on that anniversary date or upon the first of the month

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1following his attainment of age 55 if that date occurs after
2the first anniversary of his retirement date and such first
3fixed annuity as granted at retirement shall be increased by an
4additional 3% in January of each year thereafter. In the case
5of a fireman born after December 31, 1954 but before January 1,
61966 who received an increase in any year of 1.5%, that fireman
7shall receive an increase for any such year so that the total
8increase is equal to 3% for each year the fireman would have
9been otherwise eligible had the fireman not received any
10increase for each complete year following the date of
11retirement or attainment of age 55, whichever occurs later. The
12changes to this subsection made by this amendatory Act of the
1399th General Assembly apply without regard to whether the
14fireman or annuitant terminated service before the effective
15date of this amendatory Act. The changes to this subsection
16made by this amendatory Act of the 100th General Assembly are a
17declaration of existing law and shall not be construed as a new
18enactment.
19 (b) Subsection (a) of this Section is not applicable to an
20employee receiving a term annuity.
21 (c) To help defray the cost of such increases in annuity,
22there shall be deducted, beginning September 1, 1959, from each
23payment of salary to a fireman, 1/8 of 1% of each such salary
24payment and an additional 1/8 of 1% beginning on September 1,
251961, and September 1, 1963, respectively, concurrently with
26and in addition to the salary deductions otherwise made for

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1annuity purposes.
2 Each such additional 1/8 of 1% deduction from salary which
3shall, on September 1, 1963, result in a total increase of 3/8
4of 1% of salary, shall be credited to the Automatic Increase
5Reserve, to be used, together with city contributions as
6provided in this Article, to defray the cost of the annuity
7increments specified in this Section. Any balance in such
8reserve as of the beginning of each calendar year shall be
9credited with interest at the rate of 3% per annum.
10 The salary deductions provided in this Section are not
11subject to refund, except to the fireman himself in any case in
12which: (i) the fireman withdraws prior to qualification for
13minimum annuity or Tier 2 monthly retirement annuity and
14applies for refund, (ii) the fireman applies for an annuity of
15a type that is not subject to annual increases under this
16Section, or (iii) a term annuity becomes payable. In such
17cases, the total of such salary deductions shall be refunded to
18the fireman, without interest, and charged to the
19aforementioned reserve.
20 (d) Notwithstanding any other provision of this Article,
21the Tier 2 monthly retirement annuity of a person who first
22becomes a fireman under this Article on or after January 1,
232011 shall be increased on the January 1 occurring either on or
24after (i) the attainment of age 60 or (ii) the first
25anniversary of the annuity start date, whichever is later. Each
26annual increase shall be calculated at 3% or one-half the

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1annual unadjusted percentage increase (but not less than zero)
2in the consumer price index-u for the 12 months ending with the
3September preceding each November 1, whichever is less, of the
4originally granted retirement annuity. If the annual
5unadjusted percentage change in the consumer price index-u for
6a 12-month period ending in September is zero or, when compared
7with the preceding period, decreases, then the annuity shall
8not be increased.
9 For the purposes of this subsection (d), "consumer price
10index-u" means the index published by the Bureau of Labor
11Statistics of the United States Department of Labor that
12measures the average change in prices of goods and services
13purchased by all urban consumers, United States city average,
14all items, 1982-84 = 100. The new amount resulting from each
15annual adjustment shall be determined by the Public Pension
16Division of the Department of Insurance and made available to
17the boards of the pension funds by November 1 of each year.
18(Source: P.A. 99-905, eff. 11-29-16.)
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