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Public Act 102-0091
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| SB0307 Enrolled | LRB102 10827 RPS 16157 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by |
changing Section 6-151.1 as follows:
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(40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
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Sec. 6-151.1. The General Assembly finds and declares that |
service in the
Fire Department requires that firemen, in times |
of stress and danger, must
perform unusual tasks; that by |
reason of their occupation, firemen are subject
to exposure to |
great heat and to extreme cold in certain seasons while in
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performance of their duties; that by reason of their |
employment firemen are
required to work in the midst of and are |
subject to heavy smoke fumes and
carcinogenic, poisonous, |
toxic or chemical gases from fires; and that in the
course of |
their rescue and paramedic duties firemen are exposed to |
disabling
infectious diseases, including AIDS, hepatitis C, |
and stroke. The General
Assembly further finds and declares |
that all the aforementioned conditions
exist and arise out of |
or in the course of such employment.
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Any active fireman who has completed 7 or more years of |
service
and is unable to perform his duties in the Fire |
Department by reason of heart
disease, tuberculosis, any |
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disease of the lungs or respiratory
tract, AIDS, hepatitis C, |
or stroke resulting from his service
as a fireman, shall be |
entitled to receive an occupational disease disability
benefit |
during any period of such disability for which he does not have |
a right
to receive salary.
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Any active fireman who has completed 7 or more years of |
service
and is unable to perform his duties in the fire |
department by reason of a
disabling cancer, which develops or |
manifests itself during a period while
the fireman is in the |
service of the department, shall be entitled to
receive an |
occupational disease disability benefit during any period of
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such disability for which he does not have a right to receive |
salary. In
order to receive this occupational disease |
disability benefit, the type of
cancer involved must be a type |
which may be caused by exposure to heat,
radiation or a known |
carcinogen as defined by the International Agency for
Research |
on Cancer.
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Any fireman receiving a retirement annuity shall be |
entitled to an occupational disease disability benefit under |
this Section if the fireman (1) has not reached the age of |
compulsory retirement, (2) has not been receiving a retirement |
annuity for more than 5 years, and (3) has a condition
that |
would have qualified the fireman for an occupational disease |
disability benefit under this Section if he or she was an |
active fireman. A fireman who receives an occupational disease |
disability benefit in accordance with this paragraph may not |
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receive a retirement annuity during the period in which he or |
she receives an occupational disease disability benefit. The |
occupational disease disability benefit shall terminate upon |
the fireman reaching the age of compulsory retirement. |
Any fireman who shall enter the service after the |
effective date of this
amendatory Act shall be examined by one |
or more practicing physicians appointed
by the Board, and if |
that
examination discloses impairment of
the heart, lungs, or |
respiratory tract, or the existence of AIDS,
hepatitis C, |
stroke, or cancer, then the fireman shall
not be
entitled to |
receive an occupational disease disability benefit unless and
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until a subsequent examination reveals no such impairment, |
AIDS,
hepatitis C, stroke, or cancer.
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The occupational disease disability benefit shall be 65% |
of the
fireman's salary at the time of his removal from the |
Department payroll.
However, beginning January 1, 1994, no |
occupational disease disability
benefit that has been payable |
under this Section for at least 10 years shall be
less than 50% |
of the current salary attached from time to time to the rank |
and
grade held by the fireman at the time of his removal from |
the Department
payroll, regardless of whether that removal |
occurred before the effective date
of this amendatory Act of |
1993.
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Such fireman also shall have a right to receive child's |
disability
benefit of $30 per month on account of each |
unmarried child who is less than
18 years of age or |
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handicapped, dependent upon the fireman for support, and
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either the issue of the fireman or legally adopted by him. The |
total
amount of child's disability benefit payable to the |
fireman, when added to
his occupational disease disability |
benefit, shall not exceed 75% of the
amount of salary which he |
was receiving at the time of the grant of
occupational disease |
disability benefit.
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The first payment of occupational disease disability |
benefit or
child's disability benefit shall be made not later |
than one month after
the benefit is granted. Each subsequent |
payment shall be made not later
than one month after the date |
of the latest payment.
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Occupational disease disability benefit shall be payable |
during the
period of the disability until the fireman reaches |
the age of compulsory
retirement. Child's disability benefit |
shall be paid to such a fireman
during the period of disability |
until such child or children attain age
18 or marry, whichever |
event occurs first; except that attainment of age
18 by a child |
who is so physically or mentally handicapped as to be
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dependent upon the fireman for support, shall not render the |
child
ineligible for child's disability benefit. The fireman |
thereafter shall
receive such annuity or annuities as are |
provided for him in accordance
with other provisions of this |
Article.
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(Source: P.A. 93-654, eff. 1-16-04.)
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