Bill Text: IL SB1625 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Provides that, for police officers and firefighters who enter service on or after the effective date of the amendatory Act, pension benefits are based on qualified salary rather than the salary attached to the rank he or she held. Defines "qualified salary" to mean the amount of the monthly earnings obtained by dividing the total earnings received by the police officer or firefighter during the period of the 48 consecutive months of service within the last 120 months of service in which his or her total earnings were the highest. Effective January 1, 2010.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB1625 Detail]

Download: Illinois-2009-SB1625-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1625 Introduced 2/19/2009, by Sen. Louis S. Viverito SYNOPSIS AS INTRODUCED:
40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111
40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109
40 ILCS 5/4-117 from Ch. 108 1/2, par. 4-117
Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Provides that, for police officers and firefighters who enter service on or after the effective date of the amendatory Act, pension benefits are based on qualified salary rather than the salary attached to the rank he or she held. Defines "qualified salary" to mean the amount of the monthly earnings obtained by dividing the total earnings received by the police officer or firefighter during the period of the 48 consecutive months of service within the last 120 months of service in which his or her total earnings were the highest. Effective January 1, 2010.
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PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB1625 LRB096 03832 AMC 13864 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Sections 3-111, 4-109 and 4-117 as follows:
(40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
Sec. 3-111. Pension.
(a) A police officer age 50 or more with 20 or more years
of creditable service, who is not a participant in the
self-managed plan under Section 3-109.3 and who is no longer in
service as a police officer, shall receive a pension of 1/2 of
his or her qualified the salary attached to the rank held by
the officer on the police force for one year immediately prior
to retirement or, beginning July 1, 1987 for persons
terminating service on or after that date, the salary attached
to the rank held on the last day of service or for one year
prior to the last day, whichever is greater. The pension shall
be increased by 2.5% of such salary for each additional year of
service over 20 years of service through 30 years of service,
to a maximum of 75% of such salary.
The changes made to this subsection (a) by this amendatory
Act of the 91st General Assembly apply to all pensions that
become payable under this subsection on or after January 1,

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1999. All pensions payable under this subsection that began on
or after January 1, 1999 and before the effective date of this
amendatory Act shall be recalculated, and the amount of the
increase accruing for that period shall be payable to the
pensioner in a lump sum.
(a-5) No pension in effect on or granted after June 30,
l973 shall be less than $200 per month. Beginning July 1, 1987,
the minimum retirement pension for a police officer having at
least 20 years of creditable service shall be $400 per month,
without regard to whether or not retirement occurred prior to
that date. If the minimum pension established in Section
3-113.1 is greater than the minimum provided in this
subsection, the Section 3-113.1 minimum controls.
(b) A police officer mandatorily retired from service due
to age by operation of law, having at least 8 but less than 20
years of creditable service, shall receive a pension equal to 2
1/2% of his or her qualified the salary attached to the rank he
or she held on the police force for one year immediately prior
to retirement or, beginning July 1, 1987 for persons
terminating service on or after that date, the salary attached
to the rank held on the last day of service or for one year
prior to the last day, whichever is greater, for each year of
creditable service.
A police officer who retires or is separated from service
having at least 8 years but less than 20 years of creditable
service, who is not mandatorily retired due to age by operation

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of law, and who does not apply for a refund of contributions at
his or her last separation from police service, shall receive a
pension upon attaining age 60 equal to 2.5% of his or her
qualified the salary attached to the rank held by the police
officer on the police force for one year immediately prior to
retirement or, beginning July 1, 1987 for persons terminating
service on or after that date, the salary attached to the rank
held on the last day of service or for one year prior to the
last day, whichever is greater, for each year of creditable
service.
(c) A police officer no longer in service who has at least
one but less than 8 years of creditable service in a police
pension fund but meets the requirements of this subsection (c)
shall be eligible to receive a pension from that fund equal to
2.5% of the salary attached to the rank held on the last day of
service under that fund or for one year prior to that last day,
whichever is greater, for each year of creditable service in
that fund. The pension shall begin no earlier than upon
attainment of age 60 (or upon mandatory retirement from the
fund by operation of law due to age, if that occurs before age
60) and in no event before the effective date of this
amendatory Act of 1997.
In order to be eligible for a pension under this subsection
(c), the police officer must have at least 8 years of
creditable service in a second police pension fund under this
Article and be receiving a pension under subsection (a) or (b)

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of this Section from that second fund. The police officer need
not be in service on or after the effective date of this
amendatory Act of 1997.
(d) For the purposes of this Section, "qualified salary"
has the following meanings:
(1) for police officers who entered service before the
effective date of this amendatory Act of the 96th General
Assembly, "qualified salary" means the salary attached to
the rank held by the police officer on the police force for
one year immediately prior to retirement or, beginning July
1, 1987 for persons terminating service on or after that
date, the salary attached to the rank held on the last day
of service or for one year prior to the last day, whichever
is greater, for each year of creditable service; and
(2) for police officers who enter service on or after
the effective date of this amendatory Act of the 96th
General Assembly, "qualified salary" means the amount of
the monthly earnings obtained by dividing the total
earnings received by the police officers during the period
of the 48 consecutive months of service within the last 120
months of service in which his or her total earnings were
the highest.
(Source: P.A. 90-460, eff. 8-17-97; 91-939, eff. 2-1-01.)
(40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
Sec. 4-109. Pension.

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(a) A firefighter age 50 or more with 20 or more years of
creditable service, who is no longer in service as a
firefighter, shall receive a monthly pension of 1/2 of his or
her qualified salary the monthly salary attached to the rank
held by him or her in the fire service at the date of
retirement.
The monthly pension shall be increased by 1/12 of 2.5% of
such monthly salary for each additional month over 20 years of
service through 30 years of service, to a maximum of 75% of his
or her qualified such monthly salary.
The changes made to this subsection (a) by this amendatory
Act of the 91st General Assembly apply to all pensions that
become payable under this subsection on or after January 1,
1999. All pensions payable under this subsection that began on
or after January 1, 1999 and before the effective date of this
amendatory Act shall be recalculated, and the amount of the
increase accruing for that period shall be payable to the
pensioner in a lump sum.
(b) A firefighter who retires or is separated from service
having at least 10 but less than 20 years of creditable
service, who is not entitled to receive a disability pension,
and who did not apply for a refund of contributions at his or
her last separation from service shall receive a monthly
pension upon attainment of age 60 based on his or her qualified
salary the monthly salary attached to his or her rank in the
fire service on the date of retirement or separation from

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service according to the following schedule:
For 10 years of service, 15% of qualified salary;
For 11 years of service, 17.6% of qualified salary;
For 12 years of service, 20.4% of qualified salary;
For 13 years of service, 23.4% of qualified salary;
For 14 years of service, 26.6% of qualified salary;
For 15 years of service, 30% of qualified salary;
For 16 years of service, 33.6% of qualified salary;
For 17 years of service, 37.4% of qualified salary;
For 18 years of service, 41.4% of qualified salary;
For 19 years of service, 45.6% of qualified salary.
(c) For the purposes of this Section, "qualified salary"
has the following meanings:
(1) for firefighters who entered service before the
effective date of this amendatory Act of the 96th General
Assembly, "qualified salary" means the monthly salary
attached to his or her rank in the fire service on the date
of retirement or separation from service; and
(2) for firefighters who enter service on or after the
effective date of this amendatory Act of the 96th General
Assembly, "qualified salary" means the amount of the
monthly earnings obtained by dividing the total earnings
received by the firefighter during the period of the 48
consecutive months of service within the last 120 months of
service in which his or her total earnings were the
highest.

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(Source: P.A. 91-466, eff. 8-6-99.)
(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
Sec. 4-117. Reentry into active service.
(a) If a firefighter receiving pension payments reenters
active service, pension payments shall be suspended while he or
she is in service. If the firefighter again retires or is
discharged, his or her monthly pension shall be resumed in the
same amount as was paid upon first retirement or discharge
unless he or she remained in active service 3 or more years
after re-entry in which case the monthly pension shall be based
on the firefighter's qualified salary, as that term is defined
or subsection (d) of Section 4-109, attached to the
firefighter's rank at the date of last retirement.
(b) If a deferred pensioner re-enters active service, and
again retires or is discharged from the fire service, his or
her pension shall be based on the firefighter's qualified
salary, as that term is defined or subsection (d) of Section
4-109, attached to the rank held in the fire service at the
date of earlier retirement, unless the firefighter remains in
active service for 3 or more years after re-entry, in which
case the monthly pension shall be based on the firefighter's
qualified salary attached to the firefighter's rank at the date
of last retirement.
(c) If a pensioner or deferred pensioner re-enters or is
recalled to active service and is thereafter injured, and the

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injury is not related to an injury for which he or she was
previously receiving a disability pension, the 3 year service
requirement shall not apply in order for the firefighter to
qualify for the increased pension based on the rate of pay at
the time of the new injury.
(Source: P.A. 83-1440.)
Section 99. Effective date. This Act takes effect January
1, 2010.