Sen. John J. Cullerton
Filed: 4/28/2010
|
|
|||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 923
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 923, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
| ||||||
| 5 | "Section 5. The Illinois Pension Code is amended by | ||||||
| 6 | changing Section 4-110 as follows:
| ||||||
| 7 | (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
| ||||||
| 8 | Sec. 4-110. Disability pension - Line of duty. If a | ||||||
| 9 | firefighter, as the
the
result of sickness, accident or injury | ||||||
| 10 | incurred in or resulting from the
performance of an act of duty | ||||||
| 11 | or from the cumulative effects of acts of duty,
is found, | ||||||
| 12 | pursuant to Section 4-112, to be physically or mentally | ||||||
| 13 | permanently
disabled for service in the fire department, so as | ||||||
| 14 | to render necessary his or
her being placed on disability | ||||||
| 15 | pension, the firefighter shall be entitled to
a disability | ||||||
| 16 | pension equal to the greater of (1) 65% of the monthly
salary | ||||||
| |||||||
| |||||||
| 1 | attached to the rank held by him or her in the fire department | ||||||
| 2 | at the
date he or she is removed from the municipality's fire | ||||||
| 3 | department payroll or
(2) the retirement pension that the | ||||||
| 4 | firefighter would be eligible to receive
if he or she retired | ||||||
| 5 | (but not including any automatic annual increase in that
| ||||||
| 6 | retirement pension). A firefighter shall be considered "on | ||||||
| 7 | duty" while on
any assignment approved by the chief of the fire | ||||||
| 8 | department, even though away
from the municipality he or she | ||||||
| 9 | serves as a firefighter, if the assignment
is related to the | ||||||
| 10 | fire protection service of the municipality. | ||||||
| 11 | Such firefighter shall also be entitled to a child's | ||||||
| 12 | disability benefit
of $20 a month on account of each unmarried | ||||||
| 13 | child less than 18 years of age and
dependent upon the | ||||||
| 14 | firefighter for support, either the issue of the firefighter
or | ||||||
| 15 | legally adopted by him or her. The total amount of child's | ||||||
| 16 | disability
benefit payable to the firefighter, when added to | ||||||
| 17 | his or her disability
pension, shall not exceed 75% of the | ||||||
| 18 | amount of salary which the
firefighter was receiving at the | ||||||
| 19 | date of retirement.
| ||||||
| 20 | Benefits payable on account of a child under this Section | ||||||
| 21 | shall not
be reduced or terminated by reason of the child's | ||||||
| 22 | attainment
of age 18 if he or she is then dependent by reason | ||||||
| 23 | of a physical or mental
disability but shall continue to be | ||||||
| 24 | paid as long as such dependency continues.
Individuals over the | ||||||
| 25 | age of 18 and adjudged to be disabled persons pursuant to
| ||||||
| 26 | Article XIa of the Probate Act of 1975, except for persons | ||||||
| |||||||
| |||||||
| 1 | receiving benefits
under Article III of the Illinois Public Aid | ||||||
| 2 | Code, shall be eligible to receive
benefits under this Act.
| ||||||
| 3 | If a firefighter dies while still disabled and receiving a | ||||||
| 4 | disability pension
under this Section, the disability pension | ||||||
| 5 | shall continue to be paid to the
firefighter's survivors in the | ||||||
| 6 | sequence provided in Section 4-114. A pension previously | ||||||
| 7 | granted
under Section 4-114 to a survivor of a firefighter who | ||||||
| 8 | died while receiving a
disability pension under this Section | ||||||
| 9 | shall be deemed to be a continuation
of the pension provided | ||||||
| 10 | under this Section and shall be deemed to be
in the nature of | ||||||
| 11 | worker's compensation payments. The changes to this Section
| ||||||
| 12 | made by this amendatory Act of 1995 are intended to be | ||||||
| 13 | retroactive and are not
limited to persons in service on or | ||||||
| 14 | after its effective date.
| ||||||
| 15 | (Source: P.A. 93-1090, eff. 3-11-05.)".
| ||||||