Bill Text: IL HB5342 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Chicago Firefighter Article of the Illinois Pension Code. Authorizes a person to participate in the Chicago Firefighter Article if he or she (1) is or was employed and receiving a salary as a fireman, (2) has at least 5 years of service under the Chicago Firefighter Article, (3) is employed in a position covered under a specified provision of the Chicago Municipal Article relating to aldermen and members of the city council, (4) made an election under the Chicago Municipal Article to not receive service credit or be a participant under that Article, and (5) made an election to participate under the Chicago Firefighter Article. Provides that for such a person, "salary" means the lesser of (i) the salary associated with the highest career service rank under the Chicago Firefighter Article or (ii) the actual salary received by that person for service under a specified provision of the Chicago Municipal Article relating to aldermen and members of the city council. Provides that for the purposes of determining employee and employer contributions, the employee and employer shall be responsible for any and all contributions otherwise required if the person was employed as a fireman. Makes conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-11-30 - Public Act . . . . . . . . . 100-1144 [HB5342 Detail]

Download: Illinois-2017-HB5342-Enrolled.html

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HB5342 Enrolled LRB100 20764 RPS 36249 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 6-106, 6-109, and 6-111 and by adding Section 6-230 as
follows:
(40 ILCS 5/6-106) (from Ch. 108 1/2, par. 6-106)
Sec. 6-106. Fireman. "Fireman": Any person who:
(a) was, is, or shall be employed by a city in its fire
service as a fireman, fire paramedic, fire engineer, marine
engineer, or fire pilot, and whose duty is to participate in
the work of controlling and extinguishing fire at the location
of any such fire, whether or not he is assigned to fire service
other than the actual extinguishing of fire; or
(b) is employed in the fire service of a city on the
effective date, whose duty shall not be as hereinbefore stated,
but who shall then be a contributor to, participant in, or
beneficiary of any firemen's pension fund in operation by
authority of law in such city on said date, unless he applies
to the retirement board, within 90 days from the effective
date, for exemption from the provisions of this Article. Any
person who would have been entitled on July 1, 1931 to
membership in this fund by reason of the definition of the word

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"fireman" contained in "An Act to provide for a firemen's
pension fund and to create a board of trustees to administer
said fund in cities having a population exceeding two hundred
thousand (200,000) inhabitants", filed July 14, 1917, as
amended, who has not filed with the board prior to July 1,
1941, a written application to be a member shall not be a
fireman within the meaning of this Article; or .
(c) made the election under Section 6-230.
(Source: P.A. 83-780.)
(40 ILCS 5/6-109) (from Ch. 108 1/2, par. 6-109)
Sec. 6-109. Active fireman.
"Active fireman": Any person employed and receiving salary
as a fireman. "Active fireman" also includes a person who made
the election under Section 6-230 and is serving in a position
covered under Section 8-243.
(Source: P.A. 78-1242.)
(40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111)
Sec. 6-111. Salary. "Salary": Subject to Section 6-211, the
annual salary of a fireman, as follows:
(a) For age and service annuity, minimum annuity, and
disability benefits, the actual amount of the annual salary,
except as otherwise provided in this Article.
(b) For prior service annuity, widow's annuity, widow's
prior service annuity and child's annuity to and including

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August 31, 1957, the amount of the annual salary up to a
maximum of $3,000.
(c) Except as otherwise provided in Section 6-141.1, for
widow's annuity, beginning September 1, 1957, the amount of
annual salary up to a maximum of $6,000.
(d) "Salary" means the actual amount of the annual salary
attached to the permanent career service rank held by the
fireman, except as provided in subsections subsection (e) and
(e-5).
(e) In the case of a fireman who holds an exempt position
above career service rank:
(1) For the purpose of computing employee and city
contributions, "salary" means the actual salary attached
to the exempt rank position held by the fireman.
(2) For the purpose of computing benefits: "salary"
means the actual salary attached to the exempt rank
position held by the fireman, if (i) the contributions
specified in Section 6-211 have been made, (ii) the fireman
has held one or more exempt positions for at least 5
consecutive years and has held the rank of battalion chief
or field officer for at least 5 years during the exempt
period, and (iii) the fireman was born before 1955;
otherwise, "salary" means the salary attached to the
permanent career service rank held by the fireman, as
provided in subsection (d).
(e-5) In the case of a person who made the election to

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participate under Section 6-230, "salary" means the lesser
of (i) the salary associated with the highest career
service rank under this Article or (ii) the actual salary
received by that person for service in a position covered
under Section 8-243.
(f) Beginning on the effective date of this amendatory Act
of the 93rd General Assembly, and for any prior periods for
which contributions have been paid under subsection (g) of this
Section, all salary payments made to any active or former
fireman who holds or previously held the permanent assigned
position or classified career service rank, grade, or position
of ambulance commander shall be included as salary for all
purposes under this Article.
(g) Any active or former fireman who held the permanent
assigned position or classified career service rank, grade, or
position of ambulance commander may elect to have the full
amount of the salary attached to that permanent assigned
position or classified career service rank, grade, or position
included in the calculation of his or her salary for any period
during which the fireman held the permanent assigned position
or classified career service rank, grade, or position of
ambulance commander by applying in writing and making all
employee and employer contributions, without interest, related
to the actual salary payments corresponding to the permanent
assigned position or classified career service rank, grade, or
position of ambulance commander for all periods beginning on or

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after January 1, 1995. All applicable contributions must be
paid in full to the Fund before January 1, 2006 before the
payment of any benefit under this subsection (g) will be made.
Any former fireman or widow of a fireman who (i) held the
permanent assigned position or classified career service rank,
grade, or position of ambulance commander, (ii) is in receipt
of annuity on the effective date of this amendatory Act of the
93rd General Assembly, and (iii) pays to the Fund contributions
under this subsection (g) for salary payments at the permanent
assigned position or classified career service rank, grade, or
position of ambulance commander shall have his or her annuity
recalculated to reflect the ambulance commander salary and the
resulting increase shall become payable on the next annuity
payment date following the date the contribution is received by
the Fund.
In the case of an active or former fireman who (i) dies
before January 1, 2006 without making an election under this
subsection and (ii) was eligible to make an election under this
subsection at the time of death (or would have been eligible
had the death occurred after the effective date of this
amendatory Act), any surviving spouse, child, or parent of the
fireman who is eligible to receive a benefit under this Article
based on the fireman's salary may make that election and pay
the required contributions on behalf of the deceased fireman.
If the death occurs within the 30 days immediately preceding
January 1, 2006, the deadline for application and payment is

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extended to January 31, 2006.
Any portion of the compensation received for service as an
ambulance commander for which the corresponding contributions
have not been paid shall not be included in the calculation of
salary.
(h) Beginning January 1, 1999, with respect to a fireman
who is licensed by the State as an Emergency Medical
Technician, references in this Article to the fireman's salary
or the salary attached to or appropriated for the permanent
assigned position or classified career service rank, grade, or
position of the fireman shall be deemed to include any
additional compensation payable to the fireman by virtue of
being licensed as an Emergency Medical Technician, as provided
under a collective bargaining agreement with the city.
(i) Beginning on the effective date of this amendatory Act
of the 93rd General Assembly (and for any period prior to that
date for which contributions have been paid under subsection
(j) of this Section), the salary of a fireman, as calculated
for any purpose under this Article, shall include any duty
availability pay received by the fireman (i) pursuant to a
collective bargaining agreement or (ii) pursuant to an
appropriation ordinance in an amount equivalent to the amount
of duty availability pay received by other firemen pursuant to
a collective bargaining agreement, and references in this
Article to the salary attached to or appropriated for the
permanent assigned position or classified career service rank,

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grade, or position of the fireman shall be deemed to include
that duty availability pay.
(j) An active or former fireman who received duty
availability pay at any time after December 31, 1994 and before
the effective date of this amendatory Act of the 93rd General
Assembly and who either (1) retired during that period or (2)
had attained age 46 and at least 16 years of service by the
effective date of this amendatory Act may elect to have that
duty availability pay included in the calculation of his or her
salary for any portion of that period for which the pay was
received, by applying in writing and paying to the Fund, before
January 1, 2006, the corresponding employee contribution,
without interest.
In the case of an applicant who is receiving an annuity at
the time the application and contribution are received by the
Fund, the annuity shall be recalculated and the resulting
increase shall become payable on the next annuity payment date
following the date the contribution is received by the Fund.
In the case of an active or former fireman who (i) dies
before January 1, 2006 without making an election under this
subsection and (ii) was eligible to make an election under this
subsection at the time of death (or would have been eligible
had the death occurred after the effective date of this
amendatory Act), any surviving spouse, child, or parent of the
fireman who is eligible to receive a benefit under this Article
based on the fireman's salary may make that election and pay

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the required contribution on behalf of the deceased fireman. If
the death occurs within the 30 days immediately preceding
January 1, 2006, the deadline for application and payment is
extended to January 31, 2006.
Any duty availability pay for which the corresponding
employee contribution has not been paid shall not be included
in the calculation of salary.
(k) The changes to this Section made by this amendatory Act
of the 93rd General Assembly are not limited to firemen in
service on or after the effective date of this amendatory Act.
(Source: P.A. 93-654, eff. 1-16-04.)
(40 ILCS 5/6-230 new)
Sec. 6-230. Participation by an alderman or member of city
council.
(a) A person shall be a member under this Article if he or
she (1) is or was employed and receiving a salary as a fireman
under item (a) of Section 6-106, (2) has at least 5 years of
service under this Article, (3) is employed in a position
covered under Section 8-243, (4) made an election under Article
8 to not receive service credit or be a participant under that
Article, and (5) made an election to participate under this
Article.
(b) For the purposes of determining employee and employer
contributions under this Article, the employee and employer
shall be responsible for any and all contributions otherwise

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required if the person was employed and receiving salary as a
fireman under item (a) of Section 6-106.
Section 90. The State Mandates Act is amended by adding
Section 8.42 as follows:
(30 ILCS 805/8.42 new)
Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 100th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.