Illinois General Assembly - Full Text of SB0307
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Full Text of SB0307  102nd General Assembly




SB0307 EnrolledLRB102 10827 RPS 16157 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by
5changing Section 6-151.1 as follows:
6    (40 ILCS 5/6-151.1)   (from Ch. 108 1/2, par. 6-151.1)
7    Sec. 6-151.1. The General Assembly finds and declares that
8service in the Fire Department requires that firemen, in times
9of stress and danger, must perform unusual tasks; that by
10reason of their occupation, firemen are subject to exposure to
11great heat and to extreme cold in certain seasons while in
12performance of their duties; that by reason of their
13employment firemen are required to work in the midst of and are
14subject to heavy smoke fumes and carcinogenic, poisonous,
15toxic or chemical gases from fires; and that in the course of
16their rescue and paramedic duties firemen are exposed to
17disabling infectious diseases, including AIDS, hepatitis C,
18and stroke. The General Assembly further finds and declares
19that all the aforementioned conditions exist and arise out of
20or in the course of such employment.
21    Any active fireman who has completed 7 or more years of
22service and is unable to perform his duties in the Fire
23Department by reason of heart disease, tuberculosis, any



SB0307 Enrolled- 2 -LRB102 10827 RPS 16157 b

1disease of the lungs or respiratory tract, AIDS, hepatitis C,
2or stroke resulting from his service as a fireman, shall be
3entitled to receive an occupational disease disability benefit
4during any period of such disability for which he does not have
5a right to receive salary.
6    Any active fireman who has completed 7 or more years of
7service and is unable to perform his duties in the fire
8department by reason of a disabling cancer, which develops or
9manifests itself during a period while the fireman is in the
10service of the department, shall be entitled to receive an
11occupational disease disability benefit during any period of
12such disability for which he does not have a right to receive
13salary. In order to receive this occupational disease
14disability benefit, the type of cancer involved must be a type
15which may be caused by exposure to heat, radiation or a known
16carcinogen as defined by the International Agency for Research
17on Cancer.
18    Any fireman receiving a retirement annuity shall be
19entitled to an occupational disease disability benefit under
20this Section if the fireman (1) has not reached the age of
21compulsory retirement, (2) has not been receiving a retirement
22annuity for more than 5 years, and (3) has a condition that
23would have qualified the fireman for an occupational disease
24disability benefit under this Section if he or she was an
25active fireman. A fireman who receives an occupational disease
26disability benefit in accordance with this paragraph may not



SB0307 Enrolled- 3 -LRB102 10827 RPS 16157 b

1receive a retirement annuity during the period in which he or
2she receives an occupational disease disability benefit. The
3occupational disease disability benefit shall terminate upon
4the fireman reaching the age of compulsory retirement.
5    Any fireman who shall enter the service after the
6effective date of this amendatory Act shall be examined by one
7or more practicing physicians appointed by the Board, and if
8that examination discloses impairment of the heart, lungs, or
9respiratory tract, or the existence of AIDS, hepatitis C,
10stroke, or cancer, then the fireman shall not be entitled to
11receive an occupational disease disability benefit unless and
12until a subsequent examination reveals no such impairment,
13AIDS, hepatitis C, stroke, or cancer.
14    The occupational disease disability benefit shall be 65%
15of the fireman's salary at the time of his removal from the
16Department payroll. However, beginning January 1, 1994, no
17occupational disease disability benefit that has been payable
18under this Section for at least 10 years shall be less than 50%
19of the current salary attached from time to time to the rank
20and grade held by the fireman at the time of his removal from
21the Department payroll, regardless of whether that removal
22occurred before the effective date of this amendatory Act of
24    Such fireman also shall have a right to receive child's
25disability benefit of $30 per month on account of each
26unmarried child who is less than 18 years of age or



SB0307 Enrolled- 4 -LRB102 10827 RPS 16157 b

1handicapped, dependent upon the fireman for support, and
2either the issue of the fireman or legally adopted by him. The
3total amount of child's disability benefit payable to the
4fireman, when added to his occupational disease disability
5benefit, shall not exceed 75% of the amount of salary which he
6was receiving at the time of the grant of occupational disease
7disability benefit.
8    The first payment of occupational disease disability
9benefit or child's disability benefit shall be made not later
10than one month after the benefit is granted. Each subsequent
11payment shall be made not later than one month after the date
12of the latest payment.
13    Occupational disease disability benefit shall be payable
14during the period of the disability until the fireman reaches
15the age of compulsory retirement. Child's disability benefit
16shall be paid to such a fireman during the period of disability
17until such child or children attain age 18 or marry, whichever
18event occurs first; except that attainment of age 18 by a child
19who is so physically or mentally handicapped as to be
20dependent upon the fireman for support, shall not render the
21child ineligible for child's disability benefit. The fireman
22thereafter shall receive such annuity or annuities as are
23provided for him in accordance with other provisions of this
25(Source: P.A. 93-654, eff. 1-16-04.)



SB0307 Enrolled- 5 -LRB102 10827 RPS 16157 b

1    Section 90. The State Mandates Act is amended by adding
2Section 8.45 as follows:
3    (30 ILCS 805/8.45 new)
4    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
58 of this Act, no reimbursement by the State is required for
6the implementation of any mandate created by this amendatory
7Act of the 102nd General Assembly.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.