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Public Act 103-0002
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| HB3162 Enrolled | LRB103 30861 JDS 57372 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 Sections 5-154 and 6-151 as follows:
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(40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
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Sec. 5-154. Duty disability benefit; child's disability |
benefit.
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(a) An active policeman who becomes disabled on or after |
the
effective date as the result of injury incurred on or after |
such
date in the performance of an act of duty, has a right to |
receive duty
disability benefit during any period of such |
disability for which he
does not have a right to receive |
salary, equal to 75% of his salary, as
salary is defined in |
this Article, at the time the disability is allowed;
or in the |
case of a policeman on duty disability who returns
to active |
employment at any time for a period of at least 2
years and is |
again disabled from the same cause or causes,
75% of his |
salary, as salary is defined in this Article, at
the time |
disability is allowed; provided, however, that:
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(i) If the disability resulted from any physical |
defect or mental
disorder or any disease which existed at |
the time the injury was
sustained, or if the disability is |
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less than 50% of total disability for
any service of a |
remunerative character, the duty disability benefit
shall |
be 50% of salary as defined in this Article.
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(ii) Beginning January 1, 1996, no duty disability
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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 held
by the |
policeman at the time of removal from the police |
department payroll,
regardless of whether that removal |
occurred before the effective date of this
amendatory Act |
of 1995.
Beginning on January 1, 2000, no duty disability |
benefit that has
been payable under this Section for at |
least 7 years shall be less than 60% of
the current salary |
attached from time to time to the rank held by the |
policeman
at the time of removal from the police |
department payroll, regardless of
whether that removal |
occurred before the effective date of this amendatory
Act |
of the 92nd General Assembly.
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(iii) If the Board finds that the disability of the |
policeman is of such
a nature as to permanently render him |
totally disabled for any service of a
remunerative |
character, the duty disability benefit shall be 75% of the |
current
salary attached from time to time to the rank held |
by the policeman at the time
of removal from the police |
department payroll. In the case of a policeman
receiving a |
duty disability benefit under this Section on the |
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effective date
of this amendatory Act of the 92nd General |
Assembly, the increase in benefit
provided by this |
amendatory Act, if any, shall begin to accrue as of the |
date
that the Board makes the required finding of |
permanent total disability,
regardless of whether removal |
from the payroll occurred before the effective
date of |
this amendatory Act.
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(b) The policeman shall also have a right to child's |
disability benefit
of $100 per month for each unmarried child, |
the issue of the
policeman, less than age 18, but the total |
amount of child's disability benefit
shall not exceed 25% of |
his salary as defined in this Article. The increase
in child's |
disability benefit provided by this amendatory Act of the 92nd
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General Assembly applies beginning January 1, 2000 to all such |
benefits payable
on or after that date, regardless of whether |
the disabled policeman is in
active service on or after the |
effective date of this amendatory Act.
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(c) Duty disability benefit shall be payable until the |
policeman
becomes age 63 or would have been retired by |
operation of law, whichever
is later, and child's disability |
benefit shall be paid during any such
period of disability |
until the child attains age 18. Thereafter the
policeman shall |
receive the annuity provided in accordance with the
other |
provisions of this Article.
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(d) A policeman who suffers a heart attack during the |
performance
and discharge of his or her duties as a policeman |
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shall be considered
injured in the performance of an act of |
duty and shall be eligible for
all benefits that the City |
provides for police officers injured in the
performance of an |
act of duty. This subsection (d) is a restatement of
existing |
law and applies without regard to whether the policeman is in |
service
on or after the effective date of Public Act 89-12 or |
this amendatory Act of
1996.
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(e) For the purposes of this Section only, any policeman |
who becomes disabled as a result of exposure to and |
contraction of COVID-19, as evidenced by either a confirmed |
positive laboratory test for COVID-19 or COVID-19 antibodies |
or a confirmed diagnosis of COVID-19 from a licensed medical |
professional, shall: |
(1) be rebuttably presumed to have contracted COVID-19 |
while in the performance of an act or acts of duty; |
(2) be rebuttably presumed to have been injured while |
in the performance of an act or acts of duty; and |
(3) be entitled to receive a duty disability benefit |
during any period of such disability for which the |
policeman does not have a right to receive salary, in an |
amount equal to 75% of the policeman's salary, as salary |
is defined in this Article, at the time the disability is |
allowed, in accordance with subsection (a). |
The presumption shall apply to any policeman who was |
exposed to and contracted COVID-19 on or after March 9, 2020 |
and on or before June 30, 2021; except that the presumption |
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shall not apply if the policeman was on a leave of absence from |
his or her employment or otherwise not required to report for |
duty for a period of 14 or more consecutive days immediately |
prior to the date of contraction of COVID-19. For the purposes |
of determining when a policeman contracted COVID-19 under this |
paragraph, the date of contraction is either the date that the |
policeman was diagnosed with COVID-19 or was unable to work |
due to symptoms that were later diagnosed as COVID-19, |
whichever occurred first. |
It is the intent of the General Assembly that the change |
made in this subsection (e) by this amendatory Act shall apply |
retroactively to March 9, 2020, and any policeman who has been |
previously denied a duty disability benefit that would |
otherwise be entitled to duty disability benefit under this |
subsection (e) shall be entitled to retroactive benefits and |
duty disability benefit. |
(Source: P.A. 92-52, eff. 7-12-01.)
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(40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
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Sec. 6-151. An active fireman who is or becomes disabled |
on or after the
effective date as the result of a specific |
injury, or of cumulative
injuries, or of specific sickness |
incurred in or resulting from an act or
acts of duty, shall |
have the right to receive duty disability benefit
during any |
period of such disability for which he does not receive or have
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a right to receive salary, equal to 75% of his salary at the |
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time the
disability is allowed. However, beginning January 1, |
1994, no
duty 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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Whenever an active fireman is or becomes so injured or |
sick, as to
require medical or hospital attention, the chief |
officer of the fire
department of the city shall file, or cause |
to be filed, with the board a
report of the nature and cause of |
his disability, together with the
certificate or report of the |
physician attending or treating, or who
attended or treated |
the fireman, and a copy of any hospital record
concerning the |
disability. Any injury or sickness not reported to the board
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in time to permit the board's physician to examine the fireman |
before his
recovery, and any injury or sickness for which a |
physician's report or copy
of the hospital record is not on |
file with the board shall not be
considered for the payment of |
duty disability benefit.
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Such fireman shall also receive a child's disability |
benefit of $30 per
month on account of each unmarried child, |
the issue of the fireman or
legally adopted by him, who is less
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than 18 years of age or handicapped and dependent upon the |
fireman for
support. The total amount of child's disability |
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benefit shall not exceed
25% of his salary at the time the |
disability is allowed.
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The first payment of duty disability 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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Duty 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 marries,
whichever |
event occurs first; except that attainment of age 18 by a child
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who is so physically or mentally handicapped as to be |
dependent upon the
fireman for support, shall not render the |
child ineligible for child's
disability benefit. The fireman |
shall thereafter receive such
annuity or annuities as are |
provided for him in accordance with other
provisions of this |
Article.
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For the purposes of this Section only, any fireman who |
becomes disabled as a result of exposure to and contraction of |
COVID-19, as evidenced by either a confirmed positive |
laboratory test for COVID-19 or COVID-19 antibodies or a |
confirmed diagnosis of COVID-19 from a licensed medical |
professional shall: |
(1) be rebuttably presumed to have contracted COVID-19 |
while in the performance of an act or acts of duty; |
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(2) be rebuttably presumed to have been injured while |
in the performance of an act or acts of duty; and |
(3) be entitled to receive a duty disability benefit |
during any period of such disability for which the fireman |
does not have a right to receive salary, in an amount equal |
to 75% of the fireman's salary, as salary is defined in |
this Article, at the time the disability is allowed, in |
accordance with this Section. |
The presumption shall apply to any fireman who was exposed |
to and contracted COVID-19 on or after March 9, 2020 and on or |
before June 30, 2021; except that the presumption shall not |
apply if the fireman was on a leave of absence from his or her |
employment or otherwise not required to report for duty for a |
period of 14 or more consecutive days immediately prior to the |
date of contraction of COVID-19. For the purposes of |
determining when a fireman contracted COVID-19 under this |
paragraph, the date of contraction is either the date that the |
fireman was diagnosed with COVID-19 or was unable to work due |
to symptoms that were later diagnosed as COVID-19, whichever |
occurred first. |
It is the intent of the General Assembly that the change |
made by this amendatory Act shall apply retroactively to March |
9, 2020, and any fireman who has been previously denied a duty |
disability benefit that would otherwise be entitled to duty |
disability benefit under this Section shall be entitled to |
retroactive benefits and duty disability benefit. |