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Full Text of SB3403
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SB3403 - 104th General Assembly
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House Amendment 001
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House Amendment 001
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SB3403 Enrolled
LRB104 19237 RPS 32683 b
1
AN ACT concerning public employee benefits.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Pension Code is amended by
5
changing Sections 4-110 and 22A-115 as follows:
6
(40 ILCS 5/4-110)
(from Ch. 108 1/2, par. 4-110)
7
Sec. 4-110.
Disability
pension; line
pension - Line
of
8
duty.
If a firefighter, as the result of sickness, accident or
9
injury incurred in or resulting from the performance of an act
10
of duty or from the cumulative effects of acts of duty, is
11
found, pursuant to Section 4-112, to be physically or mentally
12
permanently disabled for service in the fire department, so as
13
to render necessary his or her being placed on disability
14
pension, the firefighter shall be entitled to a disability
15
pension equal to the greater of (1) 65% of the monthly salary
16
attached to the rank held by him or her in the fire department
17
at the date he or she is removed from the municipality's fire
18
department payroll or (2) the retirement pension that the
19
firefighter would be eligible to receive if he or she retired
20
(but not including any automatic annual increase in that
21
retirement pension). A firefighter shall be considered "on
22
duty" while on any assignment approved by the chief of the fire
23
department, even though away from the municipality he or she
SB3403 Enrolled
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LRB104 19237 RPS 32683 b
1
serves as a firefighter, if the assignment is related to the
2
fire protection service of the municipality.
3
Such firefighter shall also be entitled to a child's
4
disability benefit of $20 a month on account of each unmarried
5
child less than 18 years of age and dependent upon the
6
firefighter for support, either the issue of the firefighter
7
or legally adopted by him or her. The total amount of child's
8
disability benefit payable to the firefighter, when added to
9
his or her disability pension, shall not exceed 75% of the
10
amount of salary which the firefighter was receiving at the
11
date of retirement.
12
Benefits payable on account of a child under this Section
13
shall not be reduced or terminated by reason of the child's
14
attainment of age 18 if he or she is then dependent by reason
15
of a physical or mental disability but shall continue to be
16
paid as long as such dependency continues. Individuals over
17
the age of 18 and adjudged to be disabled persons pursuant to
18
Article XIa of the Probate Act of 1975, except for persons
19
receiving benefits under Article III of the Illinois Public
20
Aid Code, shall be eligible to receive benefits under this
21
Act.
22
If a firefighter dies while still disabled and receiving a
23
disability pension under this Section, the disability pension
24
shall continue to be paid to the firefighter's survivors in
25
the sequence provided in Section 4-114.
26
The disability pension under this Section that continues
SB3403 Enrolled
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LRB104 19237 RPS 32683 b
1
to be paid to the firefighter's survivors shall be increased
2
to $50,051.76 and adjusted by a simple 3% increase annually
3
from the initial adjustment if all of the following conditions
4
are met:
5
(1) the firefighter died in 2023;
6
(2) the firefighter died less than 6 months before his
7
or her 60th birthday; and
8
(3) by no later than one year after the effective date
9
of this amendatory Act of the 104th General Assembly, the
10
board of trustees of the fire protection district adopted
11
an ordinance or resolution granting the increase.
12
A pension previously granted under Section 4-114 to a
13
survivor of a firefighter who died while receiving a
14
disability pension under this Section shall be deemed to be a
15
continuation of the pension provided under this Section and
16
shall be deemed to be in the nature of worker's compensation
17
payments. The changes to this Section made by this amendatory
18
Act of 1995 are intended to be retroactive and are not limited
19
to persons in service on or after its effective date.
20
(Source: P.A. 93-1090, eff. 3-11-05.)
21
(40 ILCS 5/22A-115)
(from Ch. 108 1/2, par. 22A-115)
22
Sec. 22A-115.
Audits and reports.
At least annually, the
23
books, records, accounts and securities of the board shall be
24
audited by a certified public accountant designated by the
25
Auditor General of the State. The audit opinion shall be
SB3403 Enrolled
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LRB104 19237 RPS 32683 b
1
published as a part of the annual report of the board.
2
For the quarterly periods ending September 30, December
3
31, and March 31, the board shall submit to each pension fund,
4
retirement system or education fund under its jurisdiction a
5
report embracing, among other things, the following
6
information: (a) a full description of the investments
7
acquired, showing average costs; (b) a full description of the
8
securities sold or exchanged, showing average proceeds or
9
other conditions of an exchange; (c) gains or losses realized
10
during the period; (d) income from investments; (e)
11
administrative expenses of the board; and (f) the proportion
12
of administrative expenses allocable to each pension fund,
13
retirement system or education fund.
14
An annual report shall be prepared by the board for
15
submission to each pension fund, retirement system or
16
education fund under its jurisdiction within 6 months after
17
the close of each fiscal year
, except that the board shall not
18
be considered in violation of this provision if the board has
19
not received the audit opinion required pursuant to this
20
Section by December 15
. A fiscal year shall date from July 1 of
21
one year to June 30 of the year next following. This report
22
shall embody full information concerning the results of
23
investment operations of the board for the year, including the
24
foregoing information and, in addition thereto, the following:
25
(a) a listing of the investments held by the board as at
26
the end of the year showing their book values and market values
SB3403 Enrolled
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LRB104 19237 RPS 32683 b
1
and their income yields on market values;
2
(b) the amounts as determined under paragraph (a) above
3
allocable to each pension fund or education fund managed by
4
the board;
5
(c) comments on the pertinent factors affecting the
6
operations of the board for the year;
7
(d) a review of the policies maintained by the board and
8
any changes therein that occurred during the year;
9
(e) a copy of the audited financial statements for the
10
year;
11
(f) recommendations for possible changes in the law
12
governing the operations of the board; and
13
(g) a listing of the names of securities brokers and
14
dealers dealt with during the year showing the total amount of
15
commissions received by each on transactions with the board.
16
(Source: P.A. 84-1127.)
17
Section 90.
The State Mandates Act is amended by adding
18
Section 8.50 as follows:
19
(30 ILCS 805/8.50 new)
20
Sec. 8.50.
Exempt mandate.
Notwithstanding Sections 6 and
21
8 of this Act, no reimbursement by the State is required for
22
the implementation of any mandate created by this amendatory
23
Act of the 104th General Assembly.
24
Section 99.
Effective date.
This Act takes effect upon
SB3403 Enrolled
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LRB104 19237 RPS 32683 b
1
becoming law.
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