Illinois 2023-2024 Regular Session

Illinois House Bill HB5603 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5603 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-11140 ILCS 5/6-211 from Ch. 108 1/2, par. 6-21130 ILCS 805/8.48 new Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that "salary" means the actual salary attached to the exempt rank position held by the fireman, if specified contributions have been made and the fireman has held one or more exempt positions for at least 3 years (instead of 5 consecutive years) and has held the rank of battalion chief, field officer, captain, ambulance commander, lieutenant, or paramedic-in-charge for at least 3 years (instead of held the rank of battalion chief or field officer for at least 5 years) during the exempt period. Removes a provision that limits application of that salary definition to firemen born before 1955. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement. LRB103 36115 RPS 66206 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5603 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-11140 ILCS 5/6-211 from Ch. 108 1/2, par. 6-21130 ILCS 805/8.48 new 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111 40 ILCS 5/6-211 from Ch. 108 1/2, par. 6-211 30 ILCS 805/8.48 new Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that "salary" means the actual salary attached to the exempt rank position held by the fireman, if specified contributions have been made and the fireman has held one or more exempt positions for at least 3 years (instead of 5 consecutive years) and has held the rank of battalion chief, field officer, captain, ambulance commander, lieutenant, or paramedic-in-charge for at least 3 years (instead of held the rank of battalion chief or field officer for at least 5 years) during the exempt period. Removes a provision that limits application of that salary definition to firemen born before 1955. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement. LRB103 36115 RPS 66206 b LRB103 36115 RPS 66206 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5603 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-11140 ILCS 5/6-211 from Ch. 108 1/2, par. 6-21130 ILCS 805/8.48 new 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111 40 ILCS 5/6-211 from Ch. 108 1/2, par. 6-211 30 ILCS 805/8.48 new
44 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111
55 40 ILCS 5/6-211 from Ch. 108 1/2, par. 6-211
66 30 ILCS 805/8.48 new
77 Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that "salary" means the actual salary attached to the exempt rank position held by the fireman, if specified contributions have been made and the fireman has held one or more exempt positions for at least 3 years (instead of 5 consecutive years) and has held the rank of battalion chief, field officer, captain, ambulance commander, lieutenant, or paramedic-in-charge for at least 3 years (instead of held the rank of battalion chief or field officer for at least 5 years) during the exempt period. Removes a provision that limits application of that salary definition to firemen born before 1955. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement.
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1515 1 AN ACT concerning public employee benefits.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Illinois Pension Code is amended by
1919 5 changing Sections 6-111 and 6-211 as follows:
2020 6 (40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111)
2121 7 Sec. 6-111. Salary. "Salary": Subject to Section 6-211,
2222 8 the annual salary of a fireman, as follows:
2323 9 (a) For age and service annuity, minimum annuity, and
2424 10 disability benefits, the actual amount of the annual salary,
2525 11 except as otherwise provided in this Article.
2626 12 (b) For prior service annuity, widow's annuity, widow's
2727 13 prior service annuity and child's annuity to and including
2828 14 August 31, 1957, the amount of the annual salary up to a
2929 15 maximum of $3,000.
3030 16 (c) Except as otherwise provided in Section 6-141.1, for
3131 17 widow's annuity, beginning September 1, 1957, the amount of
3232 18 annual salary up to a maximum of $6,000.
3333 19 (d) "Salary" means the actual amount of the annual salary
3434 20 attached to the permanent career service rank held by the
3535 21 fireman, except as provided in subsections (e) and (e-5).
3636 22 (e) In the case of a fireman who holds an exempt position
3737 23 above career service rank:
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4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5603 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
4242 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-11140 ILCS 5/6-211 from Ch. 108 1/2, par. 6-21130 ILCS 805/8.48 new 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111 40 ILCS 5/6-211 from Ch. 108 1/2, par. 6-211 30 ILCS 805/8.48 new
4343 40 ILCS 5/6-111 from Ch. 108 1/2, par. 6-111
4444 40 ILCS 5/6-211 from Ch. 108 1/2, par. 6-211
4545 30 ILCS 805/8.48 new
4646 Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that "salary" means the actual salary attached to the exempt rank position held by the fireman, if specified contributions have been made and the fireman has held one or more exempt positions for at least 3 years (instead of 5 consecutive years) and has held the rank of battalion chief, field officer, captain, ambulance commander, lieutenant, or paramedic-in-charge for at least 3 years (instead of held the rank of battalion chief or field officer for at least 5 years) during the exempt period. Removes a provision that limits application of that salary definition to firemen born before 1955. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement.
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4848 LRB103 36115 RPS 66206 b
4949 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
5050 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
5151 A BILL FOR
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8282 1 (1) For the purpose of computing employee and city
8383 2 contributions, "salary" means the actual salary attached
8484 3 to the exempt rank position held by the fireman.
8585 4 (2) For the purpose of computing benefits: "salary"
8686 5 means the actual salary attached to the exempt rank
8787 6 position held by the fireman, if (i) the contributions
8888 7 specified in Section 6-211 have been made and , (ii) the
8989 8 fireman has held one or more exempt positions for at least
9090 9 3 5 consecutive years and has held the rank of battalion
9191 10 chief, or field officer, captain, ambulance commander,
9292 11 lieutenant, or paramedic-in-charge for at least 3 5 years
9393 12 during the exempt period, and (iii) the fireman was born
9494 13 before 1955; otherwise, "salary" means the salary attached
9595 14 to the permanent career service rank held by the fireman,
9696 15 as provided in subsection (d).
9797 16 (e-5) In the case of a person who made the election to
9898 17 participate under Section 6-230, "salary" means the lesser
9999 18 of (i) the salary associated with the highest career
100100 19 service rank under this Article or (ii) the actual salary
101101 20 received by that person for service in a position covered
102102 21 under Section 8-243.
103103 22 (f) Beginning on the effective date of this amendatory Act
104104 23 of the 93rd General Assembly, and for any prior periods for
105105 24 which contributions have been paid under subsection (g) of
106106 25 this Section, all salary payments made to any active or former
107107 26 fireman who holds or previously held the permanent assigned
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118118 1 position or classified career service rank, grade, or position
119119 2 of ambulance commander shall be included as salary for all
120120 3 purposes under this Article.
121121 4 (g) Any active or former fireman who held the permanent
122122 5 assigned position or classified career service rank, grade, or
123123 6 position of ambulance commander may elect to have the full
124124 7 amount of the salary attached to that permanent assigned
125125 8 position or classified career service rank, grade, or position
126126 9 included in the calculation of his or her salary for any period
127127 10 during which the fireman held the permanent assigned position
128128 11 or classified career service rank, grade, or position of
129129 12 ambulance commander by applying in writing and making all
130130 13 employee and employer contributions, without interest, related
131131 14 to the actual salary payments corresponding to the permanent
132132 15 assigned position or classified career service rank, grade, or
133133 16 position of ambulance commander for all periods beginning on
134134 17 or after January 1, 1995. All applicable contributions must be
135135 18 paid in full to the Fund before January 1, 2006 before the
136136 19 payment of any benefit under this subsection (g) will be made.
137137 20 Any former fireman or widow of a fireman who (i) held the
138138 21 permanent assigned position or classified career service rank,
139139 22 grade, or position of ambulance commander, (ii) is in receipt
140140 23 of annuity on the effective date of this amendatory Act of the
141141 24 93rd General Assembly, and (iii) pays to the Fund
142142 25 contributions under this subsection (g) for salary payments at
143143 26 the permanent assigned position or classified career service
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154154 1 rank, grade, or position of ambulance commander shall have his
155155 2 or her annuity recalculated to reflect the ambulance commander
156156 3 salary and the resulting increase shall become payable on the
157157 4 next annuity payment date following the date the contribution
158158 5 is received by the Fund.
159159 6 In the case of an active or former fireman who (i) dies
160160 7 before January 1, 2006 without making an election under this
161161 8 subsection and (ii) was eligible to make an election under
162162 9 this subsection at the time of death (or would have been
163163 10 eligible had the death occurred after the effective date of
164164 11 this amendatory Act), any surviving spouse, child, or parent
165165 12 of the fireman who is eligible to receive a benefit under this
166166 13 Article based on the fireman's salary may make that election
167167 14 and pay the required contributions on behalf of the deceased
168168 15 fireman. If the death occurs within the 30 days immediately
169169 16 preceding January 1, 2006, the deadline for application and
170170 17 payment is extended to January 31, 2006.
171171 18 Any portion of the compensation received for service as an
172172 19 ambulance commander for which the corresponding contributions
173173 20 have not been paid shall not be included in the calculation of
174174 21 salary.
175175 22 (h) Beginning January 1, 1999, with respect to a fireman
176176 23 who is licensed by the State as an Emergency Medical
177177 24 Technician, references in this Article to the fireman's salary
178178 25 or the salary attached to or appropriated for the permanent
179179 26 assigned position or classified career service rank, grade, or
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190190 1 position of the fireman shall be deemed to include any
191191 2 additional compensation payable to the fireman by virtue of
192192 3 being licensed as an Emergency Medical Technician, as provided
193193 4 under a collective bargaining agreement with the city.
194194 5 (i) Beginning on the effective date of this amendatory Act
195195 6 of the 93rd General Assembly (and for any period prior to that
196196 7 date for which contributions have been paid under subsection
197197 8 (j) of this Section), the salary of a fireman, as calculated
198198 9 for any purpose under this Article, shall include any duty
199199 10 availability pay received by the fireman (i) pursuant to a
200200 11 collective bargaining agreement or (ii) pursuant to an
201201 12 appropriation ordinance in an amount equivalent to the amount
202202 13 of duty availability pay received by other firemen pursuant to
203203 14 a collective bargaining agreement, and references in this
204204 15 Article to the salary attached to or appropriated for the
205205 16 permanent assigned position or classified career service rank,
206206 17 grade, or position of the fireman shall be deemed to include
207207 18 that duty availability pay.
208208 19 (j) An active or former fireman who received duty
209209 20 availability pay at any time after December 31, 1994 and
210210 21 before the effective date of this amendatory Act of the 93rd
211211 22 General Assembly and who either (1) retired during that period
212212 23 or (2) had attained age 46 and at least 16 years of service by
213213 24 the effective date of this amendatory Act may elect to have
214214 25 that duty availability pay included in the calculation of his
215215 26 or her salary for any portion of that period for which the pay
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226226 1 was received, by applying in writing and paying to the Fund,
227227 2 before January 1, 2006, the corresponding employee
228228 3 contribution, without interest.
229229 4 In the case of an applicant who is receiving an annuity at
230230 5 the time the application and contribution are received by the
231231 6 Fund, the annuity shall be recalculated and the resulting
232232 7 increase shall become payable on the next annuity payment date
233233 8 following the date the contribution is received by the Fund.
234234 9 In the case of an active or former fireman who (i) dies
235235 10 before January 1, 2006 without making an election under this
236236 11 subsection and (ii) was eligible to make an election under
237237 12 this subsection at the time of death (or would have been
238238 13 eligible had the death occurred after the effective date of
239239 14 this amendatory Act), any surviving spouse, child, or parent
240240 15 of the fireman who is eligible to receive a benefit under this
241241 16 Article based on the fireman's salary may make that election
242242 17 and pay the required contribution on behalf of the deceased
243243 18 fireman. If the death occurs within the 30 days immediately
244244 19 preceding January 1, 2006, the deadline for application and
245245 20 payment is extended to January 31, 2006.
246246 21 Any duty availability pay for which the corresponding
247247 22 employee contribution has not been paid shall not be included
248248 23 in the calculation of salary.
249249 24 (k) The changes to this Section made by this amendatory
250250 25 Act of the 93rd General Assembly are not limited to firemen in
251251 26 service on or after the effective date of this amendatory Act.
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262262 1 (Source: P.A. 100-1144, eff. 11-28-18.)
263263 2 (40 ILCS 5/6-211) (from Ch. 108 1/2, par. 6-211)
264264 3 Sec. 6-211. Permanent and temporary positions; exempt
265265 4 positions above career service rank.
266266 5 (a) Except as specified in subsection (b), no annuity,
267267 6 pension or other benefit shall be paid to a fireman or widow,
268268 7 under this Article, based upon any salary paid by virtue of a
269269 8 temporary appointment, and all contributions, annuities and
270270 9 benefits shall be related to the salary which attaches to the
271271 10 permanent position of the fireman.
272272 11 Any fireman temporarily serving in a position or rank
273273 12 other than that to which he has received permanent appointment
274274 13 shall be considered, while so serving, as though he were in his
275275 14 permanent position or rank, except that no increase in any
276276 15 pension, annuity or other benefit hereunder shall accrue to
277277 16 him by virtue of any service performed by him subsequent to
278278 17 attaining the compulsory retirement age provided by law or
279279 18 ordinance.
280280 19 This Section does not apply to any person certified to the
281281 20 fire department by the civil service commission of the city,
282282 21 during the period of probationary service.
283283 22 A fireman who holds a position at the will of the Fire
284284 23 Commissioner or other appointing authority, whether or not
285285 24 such position is an "exempt" position, shall be deemed to hold
286286 25 a temporary position.
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297297 1 (b) Beginning on the effective date of this amendatory Act
298298 2 of the 93rd General Assembly, for service in an exempt
299299 3 position above career service rank, employee contributions
300300 4 shall be based on the actual full salary attached to the exempt
301301 5 rank position held by the fireman.
302302 6 For service in an exempt position above career service
303303 7 rank, benefit computations under this Article shall be based
304304 8 on the actual full salary attached to the exempt rank position
305305 9 held by the fireman if and only if:
306306 10 (1) employee contributions have been paid on the
307307 11 actual full salary attached to the exempt rank position
308308 12 held by the fireman for all service on or after January 1,
309309 13 1994 in an exempt position above career service rank; and
310310 14 (2) the fireman has held one or more exempt positions
311311 15 for at least 3 5 consecutive years (or, in the case of a
312312 16 fireman who retired due to attainment of compulsory
313313 17 retirement age before December 1, 2003, held one or more
314314 18 exempt positions for a consecutive period of at least 3
315315 19 years and 9 months and made the payment required under
316316 20 subsection (c) for a period of at least 5 years) and has
317317 21 held the rank of battalion chief, or field officer,
318318 22 captain, ambulance commander, lieutenant, or
319319 23 paramedic-in-charge for at least 3 5 years (at least 3
320320 24 years and 9 months in the case of a fireman who retired due
321321 25 to attainment of compulsory retirement age before December
322322 26 1, 2003) during the exempt period. ; and
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333333 1 (3) the fireman was born before 1955.
334334 2 (c) For service prior to the effective date of this
335335 3 amendatory Act of the 93rd General Assembly in an exempt
336336 4 position above career service rank for which contributions
337337 5 have been paid only on the salary attached to the fireman's
338338 6 permanent career service rank, a fireman may make the
339339 7 contributions required under subsection (b) by paying to the
340340 8 Fund before the later of the date of retirement or 6 months
341341 9 after the effective date of this amendatory Act, but in no
342342 10 event later than July 1, 2005, an amount equal to the
343343 11 difference between the employee contributions actually made
344344 12 for that service and the employee contributions that would
345345 13 have been made based on the actual full salary attached to the
346346 14 exempt rank position held by the fireman on or after January 1,
347347 15 1994, plus interest thereon at the rate of 4% per year,
348348 16 compounded annually, from the date of the service to the date
349349 17 of payment (or to the date of retirement if retirement is
350350 18 before the effective date of this amendatory Act). In the case
351351 19 of a fireman who retired in an exempt rank position after
352352 20 January 1, 1994 and before January 1, 1999 and in the case of a
353353 21 fireman who retired due to attaining compulsory retirement age
354354 22 before December 1, 2003, the payment under this subsection (c)
355355 23 shall be for a period of at least 5 years.
356356 24 If a fireman dies while eligible to make the contributions
357357 25 required under subsection (b) but before the contributions are
358358 26 paid, the fireman's widow may elect to make the contributions.
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369369 1 (d) Subsection (e) of Section 6-111 and the changes made
370370 2 to this Section by this amendatory Act of the 93rd General
371371 3 Assembly apply to a fireman who retires (or becomes disabled)
372372 4 on or after January 1, 1994. In the case of a benefit payable
373373 5 on the effective date of this amendatory Act, the resulting
374374 6 increase in benefit shall begin to accrue with the first
375375 7 benefit payment period commencing after the required
376376 8 contributions are paid.
377377 9 (e) If a fireman or his survivors do not qualify to have
378378 10 benefits computed on the full amount of salary received for
379379 11 service in an exempt position as provided in subsection (b),
380380 12 benefits shall be computed on the basis of the salary attached
381381 13 to the permanent career service rank, and a refund of any
382382 14 employee contributions paid on the difference between the
383383 15 actual salary and the salary attached to the permanent career
384384 16 service rank shall be payable to the fireman upon termination
385385 17 of service, or to the fireman's widow or estate upon the
386386 18 fireman's death.
387387 19 (f) The tax levy computed under Section 6-165 shall be
388388 20 based on employee contributions, including the payments of
389389 21 employee contributions under subsections (a), (b), and (c) of
390390 22 this Section 6-211.
391391 23 (g) The city shall pay to the Fund on an annual basis, in
392392 24 addition to the usual city contributions, an amount at least
393393 25 equal to the sum of (1) the increase in normal cost resulting
394394 26 from subsection (e) of Section 6-111 and the changes made to
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405405 1 this Section by this amendatory Act of the 93rd General
406406 2 Assembly, plus (2) amortization (over a period of 30 years
407407 3 from the effective date of this amendatory Act) of the initial
408408 4 unfunded liability resulting from subsection (e) of Section
409409 5 6-111 and the changes made to this Section by this amendatory
410410 6 Act of the 93rd General Assembly. The payment required under
411411 7 this subsection shall be no less than $400,000 per year.
412412 8 Payment shall begin with the first calendar year commencing
413413 9 after the effective date of this amendatory Act and shall be in
414414 10 addition to the tax levy otherwise calculated under Section
415415 11 6-165. The city may increase that tax levy by the amount of the
416416 12 payment required under this subsection, or it may utilize any
417417 13 funds appropriated for this purpose.
418418 14 (Source: P.A. 93-654, eff. 1-16-04.)
419419 15 Section 90. The State Mandates Act is amended by adding
420420 16 Section 8.48 as follows:
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