Article 6 - Firemen's Annuity And Benefit Fund--Cities Over 500,000
(40 ILCS 5/6‑101) (from Ch. 108 1/2, par. 6‑101) Sec. 6‑101. Creation of fund. In each city of more than 500,000 inhabitants, a firemen's annuity and benefit fund shall be created, set apart, and maintained, for the benefit of its firemen, their widows, children and parents, and of all contributors to, participants in, and beneficiaries of any firemen's pension fund in operation, by authority of law, in such city immediately prior to the effective date. For the purposes of this Article, the firemen's annuity and benefit fund may be referred to as the "fund". (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑102) (from Ch. 108 1/2, par. 6‑102) Sec. 6‑102. Terms defined. The terms used in this Article shall have the meanings ascribed to them in Sections 6‑‑103 to 6‑‑117, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑103) (from Ch. 108 1/2, par. 6‑103) Sec. 6‑103. Firemen's Annuity and Benefit Fund Act of the Illinois Municipal Code. "Firemen's Annuity and Benefit Fund Act of the Illinois Municipal Code": Division 9 of Article 10 of the Illinois Municipal Code, being a continuation of "An Act to provide for the creation, setting apart, maintenance and administration of a firemen's annuity and benefit fund in cities having a population exceeding five hundred thousand inhabitants", approved June 12, 1931, as amended. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑104) (from Ch. 108 1/2, par. 6‑104) Sec. 6‑104. Effective date. "Effective date": July 1, 1931, for any city covered by the "Firemen's Annuity and Benefit Fund of the Illinois Municipal Code" on the date this Article comes in effect; and the date thereafter that any other city first comes under the provisions of this Article. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑105) (from Ch. 108 1/2, par. 6‑105) Sec. 6‑105. Retirement board or board. "Retirement board" or "board": The board of trustees of the Firemen's Annuity and Benefit Fund. (Source: Laws 1963, p. 161.) |
(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 "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. (Source: P.A. 83‑780.) |
(40 ILCS 5/6‑106.1) (from Ch. 108 1/2, par. 6‑106.1) Sec. 6‑106.1. Gender. The masculine gender wherever used in this Article includes the female gender and all annuities and benefits applicable to male firemen and their survivors and the contributions to be made for widows' annuities or other benefits shall apply with equal force to female firemen and their survivors without any modification or distinction whatsoever. (Source: P.A. 80‑899.) |
(40 ILCS 5/6‑107) (from Ch. 108 1/2, par. 6‑107) Sec. 6‑107. Present employee. "Present employee": Any person employed by a city as a fireman on the day before the effective date; also any fireman receiving a pension on account of disability from any firemen's pension fund in operation, by authority of law, in such city immediately prior to the effective date, when such fireman recovers from the disability and is reinstated into active service. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑108) (from Ch. 108 1/2, par. 6‑108) Sec. 6‑108. Future entrant. "Future entrant": Any person employed as a fireman of a city for the first time on or after the effective date. (Source: Laws 1963, p. 161.) |
(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. (Source: P. A. 78‑1242.) |
(40 ILCS 5/6‑110) (from Ch. 108 1/2, par. 6‑110) Sec. 6‑110. Act of duty. "Act of duty": Any act imposed on an active fireman by the ordinances of a city, or by the rules or regulations of its fire department, or any act performed by an active fireman while on duty, having for its direct purpose the saving of the life or property of another person. (Source: Laws 1963, p. 161.) |
(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 subsection (e). (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 | ||
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(2) For the purpose of computing benefits: "salary" | ||
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(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 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 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, 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 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 5/6‑112) (from Ch. 108 1/2, par. 6‑112) Sec. 6‑112. "Disability": A condition of physical or mental incapacity to perform any assigned duty or duties in the fire service. "Injury": Damage suffered by or hurt done to a fireman. "Occupational Disease": A sickness, disease or illness of the heart, lungs, or respiratory tract of a fireman, arising solely out of his employment as a fireman, due to exposures to heat and extreme cold, inhalation of heavy smoke, fumes or poisonous, toxic or chemical gases while in the performance of active duty in the fire department. "Occupational Disease" also includes cancer. (Source: P.A. 83‑661.) |
(40 ILCS 5/6‑113) (from Ch. 108 1/2, par. 6‑113) Sec. 6‑113. Compulsory retirement. "Compulsory retirement": Separation of a fireman from the service due to his reaching an age set by law or ordinance beyond which the fireman is prohibited from working as a fireman. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑114) (from Ch. 108 1/2, par. 6‑114) Sec. 6‑114. Withdrawal, withdrawal from service, or withdrawn from service. "Withdrawal", "withdrawal from service", or "withdrawn from service": The discharge, resignation or complete separation from service of a fireman, other than death. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑115) (from Ch. 108 1/2, par. 6‑115) Sec. 6‑115. Assets. "Assets": The total value of cash, securities and other property. Bonds shall be valued at amortized book value. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑116) (from Ch. 108 1/2, par. 6‑116) Sec. 6‑116. Annuity. "Annuity": Annual payments for life, unless otherwise terminated under this Article, payable in 12 equal monthly installments beginning on the first day of the second month next following the date of the event upon which payment of annuity shall depend, shall occur and subsequent payments to be due and payable on the first day of each and every month thereafter, except that a smaller pro rata amount shall be paid for part of a month when the annuity begins after the first day of the month or ends before the last day of the month. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑117) (from Ch. 108 1/2, par. 6‑117) Sec. 6‑117. Present value. "Present value": The amount of money needed to provide an annuity or benefit at some future date computed according to the applicable mortality and interest tables. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑118) (from Ch. 108 1/2, par. 6‑118) Sec. 6‑118. Prior service annuity. "Prior Service Annuity" shall be credited for present employees for service rendered prior to the effective date in accordance with the provisions of the "Firemen's Annuity and Benefit Fund Act of the Illinois Municipal Code" and this Article. Each such credit shall be improved by interest until the amount of annuity to which an employee has a right is fixed. In determining such annuity, the annual salary for the entire period of the employee's service prior to the effective date shall be the salary in effect on the effective date, but not in excess of $3,000 per year. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑119) (from Ch. 108 1/2, par. 6‑119) Sec. 6‑119. Age and service annuity. "Age and Service Annuity" shall be provided firemen for service rendered on or after the effective date. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑120) (from Ch. 108 1/2, par. 6‑120) Sec. 6‑120. Present employees limitation to and amount of prior service annuities in certain cases. A present employee, who has a credit on the effective date, for prior service annuity, of an amount sufficient to provide annuity as of his age on such date equal to that to which he would have had a right if employee contributions and city contributions had been made for age and service annuity during his entire service until his attainment of age 57, is entitled to a prior service annuity from the date he withdraws from service, fixed as of his age on the effective date, of such amount as can be provided by his credit for this purpose on the effective date. Any such present employee has no right to receive age and service annuity. (Source: P.A. 81‑1536.) |
(40 ILCS 5/6‑121) (from Ch. 108 1/2, par. 6‑121) Sec. 6‑121. Present employees ‑ Age 57 in service ‑ Amount of annuity. (a) A present employee, who attains age 57 or more while in service, having credit from sums accumulated for age and service annuity and prior service annuity sufficient to provide annuity as of his age at such time equal to that to which he would have had a right if employee contributions and city contributions had been made in accordance with this Article during his entire period of service until he attained age 57, is entitled to an age and service annuity and prior service annuity from the date he withdraws from service, fixed as of his age on the date when he has to his credit such sums; such annuities shall be the amounts provided from the entire sum accumulated to his credit for age and service annuity and prior service annuity purposes on such date of fixing. (b) A present employee who attains age 57 or more while in service and who has not to his credit for age and service annuity and prior service annuity the amount described in paragraph (a) above, is entitled on the date of his withdrawal to an age and service annuity and prior service annuity fixed as of his age on the date of withdrawal of the amount provided from the entire sum accumulated to his credit for age and service annuity and prior service annuity on such date of withdrawal. (Source: P.A. 81‑1536.) |
(40 ILCS 5/6‑122) (from Ch. 108 1/2, par. 6‑122) Sec. 6‑122. Present employees ‑ Age 50 but less than 57 in service ‑ Age 50 out of service ‑ Amount of annuity. A present employee who (1) attains age 50 or more but less than 57 while in service, having 10 or more years of service at the date of withdrawal or (2) withdraws with 10 or more years of service before age 50 and thereafter attains age 50 while out of service, is entitled to an age and service annuity and prior service annuity from the date of withdrawal or after attainment of age 50, as the case may be, fixed as of his age at the date of withdrawal, or at age 50, respectively, in such amount as can be provided from the total of the following: (1) If service is 20 or more years, the entire sum accumulated to his credit for age and service annuity and prior service annuity; or (2) If service is 10 or more but less than 20 years, (a) the sum provided from the sum accumulated to his credit for age and service annuity from salary deductions, (b) 1/10 of the sum accumulated to his credit for such purposes from the contributions by the city for each completed year of service after the first 10 years, (c) the sum credited for prior service annuity from employee contributions and applied to any firemen's pension fund in operation, by authority of law in the city on the effective date, and (d) 1/10 of the credit for prior service annuity, in accordance with "Firemen's Annuity and Benefit Fund Act of the Illinois Municipal Code", for each completed year of service after the first 10 years. The annuity provided in this Section for an employee who attains age 50 out of service shall be computed as though the employee were exactly age 50 at the time it is granted, regardless of his actual age at the time of his application therefor, and no such employee has any right to any annuity on account of any time between the date he attains age 50 and the date of application for annuity, nor shall any annuity be payable if the employee has received a refund of contributions. Annuity in excess of that fixed by this Section shall not be granted unless the employee reenters the service before age 57. If such re‑entry occurs, his annuity shall be provided in accordance with this section or Section 6‑121, whichever is applicable. (Source: P.A. 81‑1536.) |
(40 ILCS 5/6‑123) (from Ch. 108 1/2, par. 6‑123) Sec. 6‑123. Minimum amount of annuity of present employee. Any present employee who withdraws on or after the effective date, having at least 20 years of service, and for whom the annuity otherwise provided in this Article is less than the amount stated in this section, has a right to annuity as follows: If he is at least age 50 on withdrawal, his annuity, from and after such withdrawal, shall be 50% of his salary on the day one year prior to such date. If he is less than age 50 on withdrawal, his annuity, after the date he becomes age 50, shall be 50% of his salary on the day one year prior to the date of his withdrawal. Any such employee who remains in service after qualifying for annuity under this section or Section 10‑9‑53 of the Firemen's Annuity and Benefit Fund of the Illinois Municipal Code, shall have added to his annuity an additional 1% of salary for each complete year of service or fraction thereof accruing until July 21, 1959, and an additional 1% for a total of 2% of salary after July 21, 1959. "Salary" as referred to in this paragraph shall be determined by striking an average of the 5 consecutive highest years of salary within the last 10 years of service immediately preceding withdrawal. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/6‑124) (from Ch. 108 1/2, par. 6‑124) Sec. 6‑124. Future entrants‑age 63 in service‑amount of annuity. When a future entrant attains age 63 in service, his age and service annuity shall be fixed as of age 63. The annuity shall be that provided from the entire sum accumulated to his credit for age and service annuity on the date he attains age 63. (Source: P. A. 76‑1668.) |
(40 ILCS 5/6‑124.1) Sec. 6‑124.1. Withdrawal at compulsory retirement age ‑ amount of annuity. (a) In lieu of any annuity provided in the other provisions of this Article, a fireman who is required to withdraw from service due to attainment of compulsory retirement age and has at least 10 but less than 20 years of service credit may elect to receive an annuity equal to 30% of average salary for the first 10 years of service plus 2% of average salary for each completed year of service or remaining fraction thereof in excess of 10, but not to exceed a maximum of 50% of average salary. (b) For the purpose of this Section, "average salary" means the average of the fireman's highest 4 consecutive years of salary within the last 10 years of service. (c) For the purpose of qualifying for the annual increases provided in Section 6‑164, a fireman whose retirement annuity is calculated under this Section shall be deemed to qualify for a minimum annuity. (Source: P.A. 93‑654, eff. 1‑16‑04.) |
(40 ILCS 5/6‑125) (from Ch. 108 1/2, par. 6‑125) Sec. 6‑125. Future entrants ‑ age 50 but less than age 63 in service ‑ amount of annuity. When a future entrant who attains age 50 or more in service, having 10 or more years of service, withdraws before age 63 his age and service annuity shall be fixed as of his age at withdrawal. He is entitled to annuity, after withdrawal, of the amount provided from the following sums on the date of withdrawal: (1) If service is 20 or more years, the entire sum accumulated to his credit for age and service annuity; or (2) If service is 10 or more but less than 20 years, the entire sum accumulated to his credit for age and service annuity from deductions from salary, plus 1/10 of the sum accumulated for such purpose from contributions by the city, for each completed year of service after the first 10 years. (Source: P.A. 81‑1536.) |
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