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| | SB0307 Enrolled | | LRB102 10827 RPS 16157 b |
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1 | | AN ACT concerning public employee benefits.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Pension Code is amended by |
5 | | changing Section 6-151.1 as follows:
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6 | | (40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
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7 | | Sec. 6-151.1. The General Assembly finds and declares that |
8 | | service in the
Fire Department requires that firemen, in times |
9 | | of stress and danger, must
perform unusual tasks; that by |
10 | | reason of their occupation, firemen are subject
to exposure to |
11 | | great heat and to extreme cold in certain seasons while in
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12 | | performance of their duties; that by reason of their |
13 | | employment firemen are
required to work in the midst of and are |
14 | | subject to heavy smoke fumes and
carcinogenic, poisonous, |
15 | | toxic or chemical gases from fires; and that in the
course of |
16 | | their rescue and paramedic duties firemen are exposed to |
17 | | disabling
infectious diseases, including AIDS, hepatitis C, |
18 | | and stroke. The General
Assembly further finds and declares |
19 | | that all the aforementioned conditions
exist and arise out of |
20 | | or in the course of such employment.
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21 | | Any active fireman who has completed 7 or more years of |
22 | | service
and is unable to perform his duties in the Fire |
23 | | Department by reason of heart
disease, tuberculosis, any |
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1 | | disease of the lungs or respiratory
tract, AIDS, hepatitis C, |
2 | | or stroke resulting from his service
as a fireman, shall be |
3 | | entitled to receive an occupational disease disability
benefit |
4 | | during any period of such disability for which he does not have |
5 | | a right
to receive salary.
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6 | | Any active fireman who has completed 7 or more years of |
7 | | service
and is unable to perform his duties in the fire |
8 | | department by reason of a
disabling cancer, which develops or |
9 | | manifests itself during a period while
the fireman is in the |
10 | | service of the department, shall be entitled to
receive an |
11 | | occupational disease disability benefit during any period of
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12 | | such disability for which he does not have a right to receive |
13 | | salary. In
order to receive this occupational disease |
14 | | disability benefit, the type of
cancer involved must be a type |
15 | | which may be caused by exposure to heat,
radiation or a known |
16 | | carcinogen as defined by the International Agency for
Research |
17 | | on Cancer.
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18 | | Any fireman receiving a retirement annuity shall be |
19 | | entitled to an occupational disease disability benefit under |
20 | | this Section if the fireman (1) has not reached the age of |
21 | | compulsory retirement, (2) has not been receiving a retirement |
22 | | annuity for more than 5 years, and (3) has a condition
that |
23 | | would have qualified the fireman for an occupational disease |
24 | | disability benefit under this Section if he or she was an |
25 | | active fireman. A fireman who receives an occupational disease |
26 | | disability benefit in accordance with this paragraph may not |
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| | SB0307 Enrolled | - 3 - | LRB102 10827 RPS 16157 b |
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1 | | receive a retirement annuity during the period in which he or |
2 | | she receives an occupational disease disability benefit. The |
3 | | occupational disease disability benefit shall terminate upon |
4 | | the fireman reaching the age of compulsory retirement. |
5 | | Any fireman who shall enter the service after the |
6 | | effective date of this
amendatory Act shall be examined by one |
7 | | or more practicing physicians appointed
by the Board, and if |
8 | | that
examination discloses impairment of
the heart, lungs, or |
9 | | respiratory tract, or the existence of AIDS,
hepatitis C, |
10 | | stroke, or cancer, then the fireman shall
not be
entitled to |
11 | | receive an occupational disease disability benefit unless and
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12 | | until a subsequent examination reveals no such impairment, |
13 | | AIDS,
hepatitis C, stroke, or cancer.
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14 | | The occupational disease disability benefit shall be 65% |
15 | | of the
fireman's salary at the time of his removal from the |
16 | | Department payroll.
However, beginning January 1, 1994, no |
17 | | occupational disease disability
benefit that has been payable |
18 | | under this Section for at least 10 years shall be
less than 50% |
19 | | of the current salary attached from time to time to the rank |
20 | | and
grade held by the fireman at the time of his removal from |
21 | | the Department
payroll, regardless of whether that removal |
22 | | occurred before the effective date
of this amendatory Act of |
23 | | 1993.
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24 | | Such fireman also shall have a right to receive child's |
25 | | disability
benefit of $30 per month on account of each |
26 | | unmarried child who is less than
18 years of age or |
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1 | | handicapped, dependent upon the fireman for support, and
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2 | | either the issue of the fireman or legally adopted by him. The |
3 | | total
amount of child's disability benefit payable to the |
4 | | fireman, when added to
his occupational disease disability |
5 | | benefit, shall not exceed 75% of the
amount of salary which he |
6 | | was receiving at the time of the grant of
occupational disease |
7 | | disability benefit.
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8 | | The first payment of occupational disease disability |
9 | | benefit or
child's disability benefit shall be made not later |
10 | | than one month after
the benefit is granted. Each subsequent |
11 | | payment shall be made not later
than one month after the date |
12 | | of the latest payment.
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13 | | Occupational disease disability benefit shall be payable |
14 | | during the
period of the disability until the fireman reaches |
15 | | the age of compulsory
retirement. Child's disability benefit |
16 | | shall be paid to such a fireman
during the period of disability |
17 | | until such child or children attain age
18 or marry, whichever |
18 | | event occurs first; except that attainment of age
18 by a child |
19 | | who is so physically or mentally handicapped as to be
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20 | | dependent upon the fireman for support, shall not render the |
21 | | child
ineligible for child's disability benefit. The fireman |
22 | | thereafter shall
receive such annuity or annuities as are |
23 | | provided for him in accordance
with other provisions of this |
24 | | Article.
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25 | | (Source: P.A. 93-654, eff. 1-16-04.)
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