40 ILCS 5/6-111
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 6 - Firemen's Annuity And Benefit Fund--Cities Over 500,000

   (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:(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 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 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. 100-1144, eff. 11-28-18.)