Illinois 2025-2026 Regular Session

Illinois House Bill HB1310 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1310 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-10940 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.130 ILCS 805/8.49 new Amends the Downstate Firefighter Article of the Illinois Pension Code. In a provision that reduces the amount of the pension for a Tier 2 firefighter who retires with at least 10 years of creditable service before attaining age 55, provides that the pension of a Tier 2 firefighter who is retiring after attaining age 50 with 20 or more years of creditable service shall not be reduced. Makes a conforming change. Provides that each annual increase for Tier 2 firefighters shall be increased on the January 1 occurring either on or after the attainment of age 55 (instead of age 60) or the first anniversary of the pension start date, whichever is later, and shall be calculated at 3% of the originally granted pension (instead of calculated at the lesser of 3% or one-half the annual unadjusted percentage increase in the consumer price index-u for a 12-month period ending in September preceding each November 1). Provides that the changes shall apply without regard to whether a Tier 2 firefighter is in active service under the Article on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07508 RPS 17552 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1310 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-10940 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.130 ILCS 805/8.49 new 40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109 40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1 30 ILCS 805/8.49 new Amends the Downstate Firefighter Article of the Illinois Pension Code. In a provision that reduces the amount of the pension for a Tier 2 firefighter who retires with at least 10 years of creditable service before attaining age 55, provides that the pension of a Tier 2 firefighter who is retiring after attaining age 50 with 20 or more years of creditable service shall not be reduced. Makes a conforming change. Provides that each annual increase for Tier 2 firefighters shall be increased on the January 1 occurring either on or after the attainment of age 55 (instead of age 60) or the first anniversary of the pension start date, whichever is later, and shall be calculated at 3% of the originally granted pension (instead of calculated at the lesser of 3% or one-half the annual unadjusted percentage increase in the consumer price index-u for a 12-month period ending in September preceding each November 1). Provides that the changes shall apply without regard to whether a Tier 2 firefighter is in active service under the Article on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07508 RPS 17552 b LRB104 07508 RPS 17552 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1310 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-10940 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.130 ILCS 805/8.49 new 40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109 40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1 30 ILCS 805/8.49 new
4	4	40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109
5	5	40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1
6	6	30 ILCS 805/8.49 new
7	7	Amends the Downstate Firefighter Article of the Illinois Pension Code. In a provision that reduces the amount of the pension for a Tier 2 firefighter who retires with at least 10 years of creditable service before attaining age 55, provides that the pension of a Tier 2 firefighter who is retiring after attaining age 50 with 20 or more years of creditable service shall not be reduced. Makes a conforming change. Provides that each annual increase for Tier 2 firefighters shall be increased on the January 1 occurring either on or after the attainment of age 55 (instead of age 60) or the first anniversary of the pension start date, whichever is later, and shall be calculated at 3% of the originally granted pension (instead of calculated at the lesser of 3% or one-half the annual unadjusted percentage increase in the consumer price index-u for a 12-month period ending in September preceding each November 1). Provides that the changes shall apply without regard to whether a Tier 2 firefighter is in active service under the Article on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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10	10	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11	11	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
12	12	A BILL FOR
13	13	HB1310LRB104 07508 RPS 17552 b HB1310 LRB104 07508 RPS 17552 b
14	14	HB1310 LRB104 07508 RPS 17552 b
15	15	1 AN ACT concerning public employee benefits.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Illinois Pension Code is amended by
19	19	5 changing Sections 4-109 and 4-109.1 as follows:
20	20	6 (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
21	21	7 Sec. 4-109. Pension.
22	22	8 (a) A firefighter age 50 or more with 20 or more years of
23	23	9 creditable service, who is no longer in service as a
24	24	10 firefighter, shall receive a monthly pension of 1/2 the
25	25	11 monthly salary attached to the rank held by him or her in the
26	26	12 fire service at the date of retirement.
27	27	13 The monthly pension shall be increased by 1/12 of 2.5% of
28	28	14 such monthly salary for each additional month over 20 years of
29	29	15 service through 30 years of service, to a maximum of 75% of
30	30	16 such monthly salary.
31	31	17 The changes made to this subsection (a) by this amendatory
32	32	18 Act of the 91st General Assembly apply to all pensions that
33	33	19 become payable under this subsection on or after January 1,
34	34	20 1999. All pensions payable under this subsection that began on
35	35	21 or after January 1, 1999 and before the effective date of this
36	36	22 amendatory Act shall be recalculated, and the amount of the
37	37	23 increase accruing for that period shall be payable to the
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41	41	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1310 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
42	42	40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-10940 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.130 ILCS 805/8.49 new 40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109 40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1 30 ILCS 805/8.49 new
43	43	40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109
44	44	40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1
45	45	30 ILCS 805/8.49 new
46	46	Amends the Downstate Firefighter Article of the Illinois Pension Code. In a provision that reduces the amount of the pension for a Tier 2 firefighter who retires with at least 10 years of creditable service before attaining age 55, provides that the pension of a Tier 2 firefighter who is retiring after attaining age 50 with 20 or more years of creditable service shall not be reduced. Makes a conforming change. Provides that each annual increase for Tier 2 firefighters shall be increased on the January 1 occurring either on or after the attainment of age 55 (instead of age 60) or the first anniversary of the pension start date, whichever is later, and shall be calculated at 3% of the originally granted pension (instead of calculated at the lesser of 3% or one-half the annual unadjusted percentage increase in the consumer price index-u for a 12-month period ending in September preceding each November 1). Provides that the changes shall apply without regard to whether a Tier 2 firefighter is in active service under the Article on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
47	47	LRB104 07508 RPS 17552 b LRB104 07508 RPS 17552 b
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49	49	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
50	50	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
51	51	A BILL FOR
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57	57	40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109
58	58	40 ILCS 5/4-109.1 from Ch. 108 1/2, par. 4-109.1
59	59	30 ILCS 805/8.49 new
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65	65	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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82	82	1 pensioner in a lump sum.
83	83	2 (b) A firefighter who retires or is separated from service
84	84	3 having at least 10 but less than 20 years of creditable
85	85	4 service, who is not entitled to receive a disability pension,
86	86	5 and who did not apply for a refund of contributions at his or
87	87	6 her last separation from service shall receive a monthly
88	88	7 pension upon attainment of age 60 based on the monthly salary
89	89	8 attached to his or her rank in the fire service on the date of
90	90	9 retirement or separation from service according to the
91	91	10 following schedule:
92	92	11 For 10 years of service, 15% of salary;
93	93	12 For 11 years of service, 17.6% of salary;
94	94	13 For 12 years of service, 20.4% of salary;
95	95	14 For 13 years of service, 23.4% of salary;
96	96	15 For 14 years of service, 26.6% of salary;
97	97	16 For 15 years of service, 30% of salary;
98	98	17 For 16 years of service, 33.6% of salary;
99	99	18 For 17 years of service, 37.4% of salary;
100	100	19 For 18 years of service, 41.4% of salary;
101	101	20 For 19 years of service, 45.6% of salary.
102	102	21 (c) Notwithstanding any other provision of this Article,
103	103	22 the provisions of this subsection (c) apply to a person who
104	104	23 first becomes a firefighter under this Article on or after
105	105	24 January 1, 2011.
106	106	25 A firefighter age 55 or more who has 10 or more years of
107	107	26 service in that capacity shall be entitled at his option to
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118	118	1 receive a monthly pension for his service as a firefighter
119	119	2 computed by multiplying 2.5% for each year of such service by
120	120	3 his or her final average salary.
121	121	4 The pension of a firefighter who is retiring after
122	122	5 attaining age 50 with 10 or more years but less than 20 years
123	123	6 of creditable service shall be reduced by one-half of 1% for
124	124	7 each month that the firefighter's age is under age 55.
125	125	8 The pension of a firefighter who is retiring after
126	126	9 attaining age 50 with 20 or more years of creditable service
127	127	10 shall not be reduced.
128	128	11 The maximum pension under this subsection (c) shall be 75%
129	129	12 of final average salary.
130	130	13 For the purposes of this subsection (c), "final average
131	131	14 salary" means the greater of: (i) the average monthly salary
132	132	15 obtained by dividing the total salary of the firefighter
133	133	16 during the 48 consecutive months of service within the last 60
134	134	17 months of service in which the total salary was the highest by
135	135	18 the number of months of service in that period; or (ii) the
136	136	19 average monthly salary obtained by dividing the total salary
137	137	20 of the firefighter during the 96 consecutive months of service
138	138	21 within the last 120 months of service in which the total salary
139	139	22 was the highest by the number of months of service in that
140	140	23 period.
141	141	24 Beginning on January 1, 2011, for all purposes under this
142	142	25 Code (including without limitation the calculation of benefits
143	143	26 and employee contributions), the annual salary based on the
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154	154	1 plan year of a member or participant to whom this Section
155	155	2 applies shall not exceed $106,800; however, that amount shall
156	156	3 annually thereafter be increased by the lesser of (i) 3% of
157	157	4 that amount, including all previous adjustments, or (ii) the
158	158	5 annual unadjusted percentage increase (but not less than zero)
159	159	6 in the consumer price index-u for the 12 months ending with the
160	160	7 September preceding each November 1, including all previous
161	161	8 adjustments.
162	162	9 Nothing in this amendatory Act of the 101st General
163	163	10 Assembly shall cause or otherwise result in any retroactive
164	164	11 adjustment of any employee contributions.
165	165	12 (Source: P.A. 101-610, eff. 1-1-20.)
166	166	13 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
167	167	14 Sec. 4-109.1. Increase in pension.
168	168	15 (a) Except as provided in subsection (e), the monthly
169	169	16 pension of a firefighter who retires after July 1, 1971 and
170	170	17 prior to January 1, 1986, shall, upon either the first of the
171	171	18 month following the first anniversary of the date of
172	172	19 retirement if 60 years of age or over at retirement date, or
173	173	20 upon the first day of the month following attainment of age 60
174	174	21 if it occurs after the first anniversary of retirement, be
175	175	22 increased by 2% of the originally granted monthly pension and
176	176	23 by an additional 2% in each January thereafter. Effective
177	177	24 January 1976, the rate of the annual increase shall be 3% of
178	178	25 the originally granted monthly pension.
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189	189	1 (b) The monthly pension of a firefighter who retired from
190	190	2 service with 20 or more years of service, on or before July 1,
191	191	3 1971, shall be increased, in January of the year following the
192	192	4 year of attaining age 65 or in January 1972, if then over age
193	193	5 65, by 2% of the originally granted monthly pension, for each
194	194	6 year the firefighter received pension payments. In each
195	195	7 January thereafter, he or she shall receive an additional
196	196	8 increase of 2% of the original monthly pension. Effective
197	197	9 January 1976, the rate of the annual increase shall be 3%.
198	198	10 (c) The monthly pension of a firefighter who is receiving
199	199	11 a disability pension under this Article shall be increased, in
200	200	12 January of the year following the year the firefighter attains
201	201	13 age 60, or in January 1974, if then over age 60, by 2% of the
202	202	14 originally granted monthly pension for each year he or she
203	203	15 received pension payments. In each January thereafter, the
204	204	16 firefighter shall receive an additional increase of 2% of the
205	205	17 original monthly pension. Effective January 1976, the rate of
206	206	18 the annual increase shall be 3%.
207	207	19 (c-1) On January 1, 1998, every child's disability benefit
208	208	20 payable on that date under Section 4-110 or 4-110.1 shall be
209	209	21 increased by an amount equal to 1/12 of 3% of the amount of the
210	210	22 benefit, multiplied by the number of months for which the
211	211	23 benefit has been payable. On each January 1 thereafter, every
212	212	24 child's disability benefit payable under Section 4-110 or
213	213	25 4-110.1 shall be increased by 3% of the amount of the benefit
214	214	26 then being paid, including any previous increases received
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225	225	1 under this Article. These increases are not subject to any
226	226	2 limitation on the maximum benefit amount included in Section
227	227	3 4-110 or 4-110.1.
228	228	4 (c-2) On July 1, 2004, every pension payable to or on
229	229	5 behalf of a minor or disabled surviving child that is payable
230	230	6 on that date under Section 4-114 shall be increased by an
231	231	7 amount equal to 1/12 of 3% of the amount of the pension,
232	232	8 multiplied by the number of months for which the benefit has
233	233	9 been payable. On July 1, 2005, July 1, 2006, July 1, 2007, and
234	234	10 July 1, 2008, every pension payable to or on behalf of a minor
235	235	11 or disabled surviving child that is payable under Section
236	236	12 4-114 shall be increased by 3% of the amount of the pension
237	237	13 then being paid, including any previous increases received
238	238	14 under this Article. These increases are not subject to any
239	239	15 limitation on the maximum benefit amount included in Section
240	240	16 4-114.
241	241	17 (d) The monthly pension of a firefighter who retires after
242	242	18 January 1, 1986, shall, upon either the first of the month
243	243	19 following the first anniversary of the date of retirement if
244	244	20 55 years of age or over, or upon the first day of the month
245	245	21 following attainment of age 55 if it occurs after the first
246	246	22 anniversary of retirement, be increased by 1/12 of 3% of the
247	247	23 originally granted monthly pension for each full month that
248	248	24 has elapsed since the pension began, and by an additional 3% in
249	249	25 each January thereafter.
250	250	26 The changes made to this subsection (d) by this amendatory
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261	261	1 Act of the 91st General Assembly apply to all initial
262	262	2 increases that become payable under this subsection on or
263	263	3 after January 1, 1999. All initial increases that became
264	264	4 payable under this subsection on or after January 1, 1999 and
265	265	5 before the effective date of this amendatory Act shall be
266	266	6 recalculated and the additional amount accruing for that
267	267	7 period, if any, shall be payable to the pensioner in a lump
268	268	8 sum.
269	269	9 (e) Notwithstanding the provisions of subsection (a), upon
270	270	10 the first day of the month following (1) the first anniversary
271	271	11 of the date of retirement, or (2) the attainment of age 55, or
272	272	12 (3) July 1, 1987, whichever occurs latest, the monthly pension
273	273	13 of a firefighter who retired on or after January 1, 1977 and on
274	274	14 or before January 1, 1986 and did not receive an increase under
275	275	15 subsection (a) before July 1, 1987, shall be increased by 3% of
276	276	16 the originally granted monthly pension for each full year that
277	277	17 has elapsed since the pension began, and by an additional 3% in
278	278	18 each January thereafter. The increases provided under this
279	279	19 subsection are in lieu of the increases provided in subsection
280	280	20 (a).
281	281	21 (f) In July 2009, the monthly pension of a firefighter who
282	282	22 retired before July 1, 1977 shall be recalculated and
283	283	23 increased to reflect the amount that the firefighter would
284	284	24 have received in July 2009 had the firefighter been receiving
285	285	25 a 3% compounded increase for each year he or she received
286	286	26 pension payments after January 1, 1986, plus any increases in
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297	297	1 pension received for each year prior to January 1, 1986. In
298	298	2 each January thereafter, he or she shall receive an additional
299	299	3 increase of 3% of the amount of the pension then being paid.
300	300	4 The changes made to this Section by this amendatory Act of the
301	301	5 96th General Assembly apply without regard to whether the
302	302	6 firefighter was in service on or after its effective date.
303	303	7 (g) Notwithstanding any other provision of this Article,
304	304	8 the monthly pension of a person who first becomes a
305	305	9 firefighter under this Article on or after January 1, 2011
306	306	10 shall be increased on the January 1 occurring either on or
307	307	11 after the attainment of age 55 60 or the first anniversary of
308	308	12 the pension start date, whichever is later. Each annual
309	309	13 increase shall be calculated at 3% or one-half the annual
310	310	14 unadjusted percentage increase (but not less than zero) in the
311	311	15 consumer price index-u for the 12 months ending with the
312	312	16 September preceding each November 1, whichever is less, of the
313	313	17 originally granted pension. If the annual unadjusted
314	314	18 percentage change in the consumer price index-u for a 12-month
315	315	19 period ending in September is zero or, when compared with the
316	316	20 preceding period, decreases, then the pension shall not be
317	317	21 increased.
318	318	22 For the purposes of this subsection (g), "consumer price
319	319	23 index-u" means the index published by the Bureau of Labor
320	320	24 Statistics of the United States Department of Labor that
321	321	25 measures the average change in prices of goods and services
322	322	26 purchased by all urban consumers, United States city average,
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333	333	1 all items, 1982-84 = 100. The new amount resulting from each
334	334	2 annual adjustment shall be determined by the Public Pension
335	335	3 Division of the Department of Insurance and made available to
336	336	4 the boards of the pension funds.
337	337	5 Notwithstanding Section 1-103.1, the changes made by this
338	338	6 amendatory Act of the 104th General Assembly apply without
339	339	7 regard to whether the person who first became a firefighter
340	340	8 under this Article on or after January 1, 2011 is in active
341	341	9 service under this Article on or after the effective date of
342	342	10 this amendatory Act of the 104th General Assembly.
343	343	11 (Source: P.A. 96-775, eff. 8-28-09; 96-1495, eff. 1-1-11.)
344	344	12 Section 90. The State Mandates Act is amended by adding
345	345	13 Section 8.49 as follows:
346	346	14 (30 ILCS 805/8.49 new)
347	347	15 Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
348	348	16 8 of this Act, no reimbursement by the State is required for
349	349	17 the implementation of any mandate created by this amendatory
350	350	18 Act of the 104th General Assembly.
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