Bill Text: IL HB5603 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-09 - Referred to Rules Committee [HB5603 Detail]

Download: Illinois-2023-HB5603-Introduced.html

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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. 6-111
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
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB5603 LRB103 36115 RPS 66206 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 6-111 and 6-211 as follows:
(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
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 (e) and (e-5).
(e) In the case of a fireman who holds an exempt position
above career service rank:

HB5603 - 2 - LRB103 36115 RPS 66206 b
(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 and , (ii) the
fireman has held one or more exempt positions for at least
3 5 consecutive years and has held the rank of battalion
chief, or field officer, captain, ambulance commander,
lieutenant, or paramedic-in-charge for at least 3 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
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

HB5603 - 3 - LRB103 36115 RPS 66206 b
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 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

HB5603 - 4 - LRB103 36115 RPS 66206 b
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 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

HB5603 - 5 - LRB103 36115 RPS 66206 b
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,
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

HB5603 - 6 - LRB103 36115 RPS 66206 b
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 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.

HB5603 - 7 - LRB103 36115 RPS 66206 b
(Source: P.A. 100-1144, eff. 11-28-18.)
(40 ILCS 5/6-211) (from Ch. 108 1/2, par. 6-211)
Sec. 6-211. Permanent and temporary positions; exempt
positions above career service rank.
(a) Except as specified in subsection (b), no annuity,
pension or other benefit shall be paid to a fireman or widow,
under this Article, based upon any salary paid by virtue of a
temporary appointment, and all contributions, annuities and
benefits shall be related to the salary which attaches to the
permanent position of the fireman.
Any fireman temporarily serving in a position or rank
other than that to which he has received permanent appointment
shall be considered, while so serving, as though he were in his
permanent position or rank, except that no increase in any
pension, annuity or other benefit hereunder shall accrue to
him by virtue of any service performed by him subsequent to
attaining the compulsory retirement age provided by law or
ordinance.
This Section does not apply to any person certified to the
fire department by the civil service commission of the city,
during the period of probationary service.
A fireman who holds a position at the will of the Fire
Commissioner or other appointing authority, whether or not
such position is an "exempt" position, shall be deemed to hold
a temporary position.

HB5603 - 8 - LRB103 36115 RPS 66206 b
(b) Beginning on the effective date of this amendatory Act
of the 93rd General Assembly, for service in an exempt
position above career service rank, employee contributions
shall be based on the actual full salary attached to the exempt
rank position held by the fireman.
For service in an exempt position above career service
rank, benefit computations under this Article shall be based
on the actual full salary attached to the exempt rank position
held by the fireman if and only if:
(1) employee contributions have been paid on the
actual full salary attached to the exempt rank position
held by the fireman for all service on or after January 1,
1994 in an exempt position above career service rank; and
(2) the fireman has held one or more exempt positions
for at least 3 5 consecutive years (or, in the case of a
fireman who retired due to attainment of compulsory
retirement age before December 1, 2003, held one or more
exempt positions for a consecutive period of at least 3
years and 9 months and made the payment required under
subsection (c) for a period of at least 5 years) and has
held the rank of battalion chief, or field officer,
captain, ambulance commander, lieutenant, or
paramedic-in-charge for at least 3 5 years (at least 3
years and 9 months in the case of a fireman who retired due
to attainment of compulsory retirement age before December
1, 2003) during the exempt period. ; and

HB5603 - 9 - LRB103 36115 RPS 66206 b
(3) the fireman was born before 1955.
(c) For service prior to the effective date of this
amendatory Act of the 93rd General Assembly in an exempt
position above career service rank for which contributions
have been paid only on the salary attached to the fireman's
permanent career service rank, a fireman may make the
contributions required under subsection (b) by paying to the
Fund before the later of the date of retirement or 6 months
after the effective date of this amendatory Act, but in no
event later than July 1, 2005, an amount equal to the
difference between the employee contributions actually made
for that service and the employee contributions that would
have been made based on the actual full salary attached to the
exempt rank position held by the fireman on or after January 1,
1994, plus interest thereon at the rate of 4% per year,
compounded annually, from the date of the service to the date
of payment (or to the date of retirement if retirement is
before the effective date of this amendatory Act). In the case
of a fireman who retired in an exempt rank position after
January 1, 1994 and before January 1, 1999 and in the case of a
fireman who retired due to attaining compulsory retirement age
before December 1, 2003, the payment under this subsection (c)
shall be for a period of at least 5 years.
If a fireman dies while eligible to make the contributions
required under subsection (b) but before the contributions are
paid, the fireman's widow may elect to make the contributions.

HB5603 - 10 - LRB103 36115 RPS 66206 b
(d) Subsection (e) of Section 6-111 and the changes made
to this Section by this amendatory Act of the 93rd General
Assembly apply to a fireman who retires (or becomes disabled)
on or after January 1, 1994. In the case of a benefit payable
on the effective date of this amendatory Act, the resulting
increase in benefit shall begin to accrue with the first
benefit payment period commencing after the required
contributions are paid.
(e) If a fireman or his survivors do not qualify to have
benefits computed on the full amount of salary received for
service in an exempt position as provided in subsection (b),
benefits shall be computed on the basis of the salary attached
to the permanent career service rank, and a refund of any
employee contributions paid on the difference between the
actual salary and the salary attached to the permanent career
service rank shall be payable to the fireman upon termination
of service, or to the fireman's widow or estate upon the
fireman's death.
(f) The tax levy computed under Section 6-165 shall be
based on employee contributions, including the payments of
employee contributions under subsections (a), (b), and (c) of
this Section 6-211.
(g) The city shall pay to the Fund on an annual basis, in
addition to the usual city contributions, an amount at least
equal to the sum of (1) the increase in normal cost resulting
from subsection (e) of Section 6-111 and the changes made to

HB5603 - 11 - LRB103 36115 RPS 66206 b
this Section by this amendatory Act of the 93rd General
Assembly, plus (2) amortization (over a period of 30 years
from the effective date of this amendatory Act) of the initial
unfunded liability resulting from subsection (e) of Section
6-111 and the changes made to this Section by this amendatory
Act of the 93rd General Assembly. The payment required under
this subsection shall be no less than $400,000 per year.
Payment shall begin with the first calendar year commencing
after the effective date of this amendatory Act and shall be in
addition to the tax levy otherwise calculated under Section
6-165. The city may increase that tax levy by the amount of the
payment required under this subsection, or it may utilize any
funds appropriated for this purpose.
(Source: P.A. 93-654, eff. 1-16-04.)
Section 90. The State Mandates Act is amended by adding
Section 8.48 as follows: