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Sen. John J. Cullerton
Filed: 4/28/2010
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LRB096 03396 AMC 40510 a |
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| AMENDMENT TO HOUSE BILL 923
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| AMENDMENT NO. ______. Amend House Bill 923, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Section 4-110 as follows:
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| (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
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| Sec. 4-110. Disability pension - Line of duty. If a |
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| firefighter, as the
the
result of sickness, accident or injury |
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| incurred in or resulting from the
performance of an act of duty |
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| or from the cumulative effects of acts of duty,
is found, |
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| pursuant to Section 4-112, to be physically or mentally |
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| permanently
disabled for service in the fire department, so as |
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| to render necessary his or
her being placed on disability |
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| pension, the firefighter shall be entitled to
a disability |
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| pension equal to the greater of (1) 65% of the monthly
salary |
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LRB096 03396 AMC 40510 a |
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| attached to the rank held by him or her in the fire department |
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| at the
date he or she is removed from the municipality's fire |
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| department payroll or
(2) the retirement pension that the |
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| firefighter would be eligible to receive
if he or she retired |
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| (but not including any automatic annual increase in that
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| retirement pension). A firefighter shall be considered "on |
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| duty" while on
any assignment approved by the chief of the fire |
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| department, even though away
from the municipality he or she |
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| serves as a firefighter, if the assignment
is related to the |
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| fire protection service of the municipality. |
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| Such firefighter shall also be entitled to a child's |
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| disability benefit
of $20 a month on account of each unmarried |
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| child less than 18 years of age and
dependent upon the |
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| firefighter for support, either the issue of the firefighter
or |
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| legally adopted by him or her. The total amount of child's |
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| disability
benefit payable to the firefighter, when added to |
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| his or her disability
pension, shall not exceed 75% of the |
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| amount of salary which the
firefighter was receiving at the |
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| date of retirement.
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| Benefits payable on account of a child under this Section |
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| shall not
be reduced or terminated by reason of the child's |
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| attainment
of age 18 if he or she is then dependent by reason |
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| of a physical or mental
disability but shall continue to be |
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| paid as long as such dependency continues.
Individuals over the |
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| age of 18 and adjudged to be disabled persons pursuant to
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| Article XIa of the Probate Act of 1975, except for persons |
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LRB096 03396 AMC 40510 a |
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| receiving benefits
under Article III of the Illinois Public Aid |
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| Code, shall be eligible to receive
benefits under this Act.
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| If a firefighter dies while still disabled and receiving a |
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| disability pension
under this Section, the disability pension |
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| shall continue to be paid to the
firefighter's survivors in the |
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| sequence provided in Section 4-114. A pension previously |
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| granted
under Section 4-114 to a survivor of a firefighter who |
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| died while receiving a
disability pension under this Section |
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| shall be deemed to be a continuation
of the pension provided |
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| under this Section and shall be deemed to be
in the nature of |
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| worker's compensation payments. The changes to this Section
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| made by this amendatory Act of 1995 are intended to be |
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| retroactive and are not
limited to persons in service on or |
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| after its effective date.
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| (Source: P.A. 93-1090, eff. 3-11-05.)".
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