Bill Text: IL HB1280 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Downstate Firefighter and Illinois Municipal Retirement Fund (IMRF) Articles of the Illinois Pension Code. Allows the chief of certain municipal fire departments to elect to participate in IMRF rather than in the municipality's firefighter pension fund. Makes related changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2014-12-03 - Session Sine Die [HB1280 Detail]

Download: Illinois-2013-HB1280-Amended.html

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Rep. Darlene J. Senger

Filed: 3/19/2013

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AMENDMENT TO HOUSE BILL 1280
AMENDMENT NO. ______. Amend House Bill 1280 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by
changing Sections 4-101 and 4-106 as follows:
(40 ILCS 5/4-101) (from Ch. 108 1/2, par. 4-101)
Sec. 4-101. Creation of fund.
(a) In each municipality as defined in Section 4-103, the
city council or the board of trustees, as the case may be,
shall establish and administer a firefighters' pension fund as
prescribed in this Article, for the benefit of its firefighters
and of their surviving spouses, children and certain other
dependents.
(b) The duty of the corporate authorities of a municipality
to establish and administer a firefighters' pension fund shall
be suspended during any period during which:

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(1) the fund is dissolved under subsection (c) of
Section 4-106.1 of this Code; or
(2) in the case of a municipality with 5,000 or more
but fewer than 15,000 inhabitants that has not established
a pension fund under this Article, there is in effect an
ordinance or resolution adopted by the city council or the
board of trustees, deferring the establishment of a pension
fund under this Article due to a finding of economic
exigency. Such an ordinance or resolution shall be
effective for no more than 5 years, but may be renewed upon
a finding of continuing economic exigency until the
municipality reaches a population of 15,000, as determined
by the most recent available census data.
(Source: P.A. 97-99, eff. 1-1-12.)
(40 ILCS 5/4-106) (from Ch. 108 1/2, par. 4-106)
Sec. 4-106. Firefighter, firefighters. "Firefighter,
firefighters":
(a) In municipalities which have adopted Division 1 of
Article 10 of the Illinois Municipal Code, any person employed
in the municipality's fire service as a firefighter, fire
engineer, marine engineer, fire pilot, bomb technician or scuba
diver; and in any of these positions where such person's duties
also include those of a firefighter as classified by the Civil
Service Commission of that city, and whose duty is to
participate in the work of controlling and extinguishing fires

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at the location of any such fires.
(b) In municipalities which are subject to Division 2.1 of
Article 10 of the Illinois Municipal Code, any person employed
by a city in its fire service as a firefighter, fire engineer,
marine engineer, fire pilot, bomb technician, or scuba diver;
and, in any of these positions whose duties also include those
of a firefighter and are certified in the same manner as a
firefighter in that city.
(c) In municipalities which are subject to neither Division
1 nor Division 2.1 of Article 10 of the Illinois Municipal
Code, any person who would have been included as a firefighter
under sub-paragraph (a) or (b) above except that he served as a
de facto and not as a de jure firefighter.
(d) Notwithstanding the other provisions of this Section,
"firefighter" does not include any person who is actively
participating in the State Universities Retirement System
under subsection (h) of Section 15-107 with respect to the
employment for which he or she is a participating employee in
that System.
Notwithstanding the other provisions of this Section,
"firefighter" does not include any person employed by a
municipality that has deferred its establishment of a pension
fund under this Article in accordance with subdivision (b)(2)
of Section 4-101.
(e) This amendatory Act of 1977 does not affect persons
covered by this Article prior to September 22, 1977.

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(Source: P.A. 90-576, eff. 3-31-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.".