Full Text of HB0810 102nd General Assembly
HB0810 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0810 Introduced 2/10/2021, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
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215 ILCS 5/367f | from Ch. 73, par. 979f |
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Amends the Illinois Insurance Code. Makes a technical change in a Section concerning firemen's continuance privilege.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Insurance Code is amended by | 5 | | changing Section 367f as follows:
| 6 | | (215 ILCS 5/367f) (from Ch. 73, par. 979f)
| 7 | | Sec. 367f. Firemen's continuance privilege. As used in | 8 | | this Section:
| 9 | | 1. The terms "municipality", "deferred pensioner" and | 10 | | "creditable service"
shall have the the meaning ascribed to | 11 | | such terms by Sections 4-103, 4-105a and
4-108, respectively, | 12 | | of the Illinois Pension Code, as now or hereafter amended.
| 13 | | 2. The terms "fireman" and "firemen" shall have the | 14 | | meaning ascribed
to the term "firefighter" by Section 4-106 of | 15 | | the Illinois
Pension Code, and include those persons under the | 16 | | coverage of Article 4 of
that Code, as heretofore or hereafter | 17 | | amended.
| 18 | | 3. The "retirement or disability period" of a fireman | 19 | | means the period:
| 20 | | a. which begins on the day the fireman is removed from | 21 | | a municipality's
fire department payroll because of the | 22 | | occurrence of any of the following
events, to wit: (i) the | 23 | | fireman retires as a deferred pensioner under Section
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| 1 | | 4-105a of the Illinois Pension Code, (ii) the fireman | 2 | | retires from active
service as a fireman with an attained | 3 | | age and accumulated creditable service
which together | 4 | | qualify the fireman for immediate receipt of retirement | 5 | | pension
benefits under Section 4-109 of the Illinois | 6 | | Pension Code, or (iii) the
fireman's disability is | 7 | | established under Section 4-112 of the Illinois
Pension | 8 | | Code; and
| 9 | | b. which ends on the first to occur of any of the | 10 | | following events,
to wit: (i) the fireman's reinstatement | 11 | | or reentry into active service
on the municipality's fire | 12 | | department as provided for under Article 4 of
the Illinois | 13 | | Pension Code, (ii) the fireman's exercise of any refund | 14 | | option
available under Section 4-116 of the Illinois | 15 | | Pension Code, (iii) the fireman's
loss pursuant to Section | 16 | | 4-138 of the Illinois Pension Code of any benefits
| 17 | | provided for in Article 4 of that Code, or (iv) the | 18 | | fireman's death or --
if at the time of the fireman's death | 19 | | the fireman is survived by a spouse
who, in that capacity, | 20 | | is entitled to receive a surviving spouse's monthly
| 21 | | pension pursuant to Article 4 of the Illinois Pension Code - | 22 | | - then the death
or remarriage of that spouse.
| 23 | | No policy of group accident and health insurance under | 24 | | which firemen
employed by a municipality are insured for their | 25 | | individual benefit shall
be issued or delivered in this State | 26 | | to any municipality unless such group
policy provides for the |
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| 1 | | election of continued group insurance coverage for
the | 2 | | retirement or disability period of each fireman who is insured | 3 | | under the
provisions of the group policy on the day | 4 | | immediately preceding the day
on which the retirement or | 5 | | disability period of such fireman begins. So
long as any | 6 | | required premiums for continued group insurance coverage are
| 7 | | paid in accordance with the provisions of the group policy, an | 8 | | election
made pursuant to this Section shall provide continued | 9 | | group insurance
coverage for a fireman throughout the | 10 | | retirement or disability period of
the fireman and, unless the | 11 | | fireman otherwise elects and subject to any
other provisions | 12 | | of the group policy which relate either to the provision
or to | 13 | | the termination of dependents' coverage and which are not
| 14 | | inconsistent with this Section, for any dependents of the | 15 | | fireman who are
insured under the group policy on the day | 16 | | immediately preceding the day on
which the retirement or | 17 | | disability period of the fireman begins; provided,
however, | 18 | | that when such continued group insurance coverage is in effect
| 19 | | with respect to a fireman on the date
of the fireman's death | 20 | | but the retirement or disability period of the fireman
does | 21 | | not end with such fireman's death, then the deceased fireman's | 22 | | surviving
spouse upon whose death or remarriage such | 23 | | retirement or disability period
will end shall be entitled, | 24 | | without further election and upon payment of
any required | 25 | | premiums in accordance with the provisions of the group | 26 | | policy,
to maintain such continued group
insurance coverage in |
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| 1 | | effect until the end of such retirement or disability
period. | 2 | | Continued group insurance coverage shall be provided in | 3 | | accordance
with this Section at the same premium rate from | 4 | | time to time charged for
equivalent coverage provided under | 5 | | the group policy with respect to covered
firemen whose | 6 | | retirement or disability period has not begun, and no | 7 | | distinction
or discrimination in the amount or rate of | 8 | | premiums or in any waiver of premium
or other benefit | 9 | | provision shall be made between continued group insurance
| 10 | | coverage elected pursuant to this Section and equivalent | 11 | | coverage provided
to firemen under the group policy other than | 12 | | pursuant to the provisions
of this Section; provided that no | 13 | | municipality shall be required by reason
of any provision of | 14 | | this Section to pay any group insurance premium other
than one | 15 | | that may be negotiated in a collective bargaining agreement.
| 16 | | If a person electing continued coverage under this Section | 17 | | becomes
eligible for medicare coverage, benefits under the | 18 | | group policy may
continue as a supplement to the medicare | 19 | | coverage upon payment of any
required premiums to maintain the | 20 | | benefits of the group policy as
supplemental coverage.
| 21 | | Within 15 days of the beginning of the retirement or | 22 | | disability period
of any fireman entitled to elect continued | 23 | | group insurance coverage under any
group policy affected by | 24 | | this Section, the municipality last employing such
fireman | 25 | | shall give written notice of such beginning by certified mail, | 26 | | return
receipt requested to the insurance company issuing such |
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| 1 | | policy. The notice
shall include the fireman's name and last | 2 | | known place of residence and the
beginning date of the | 3 | | fireman's retirement or disability period.
| 4 | | Within 15 days of the date of receipt of such notice from | 5 | | the municipality,
the insurance company by certified mail, | 6 | | return receipt requested, shall
give written notice to the | 7 | | fireman at the fireman's last known place of
residence that | 8 | | coverage under the group policy may be continued for the
| 9 | | retirement or disability period of the fireman as provided in | 10 | | this Section.
Such notice shall set forth: (i) a statement of | 11 | | election to be filed by
the fireman if the fireman wishes to | 12 | | continue such group insurance coverage,
(ii) the amount of | 13 | | monthly premium, including a statement of the portion
of such | 14 | | monthly premium attributable to any dependents' coverage which | 15 | | the
fireman may elect, and (iii) instructions as to the return | 16 | | of the election
form to the insurance company issuing such | 17 | | policy. Election shall be made,
if at all, by returning the | 18 | | statement of election to the insurance company by
certified | 19 | | mail, return receipt requested within 15 days after having | 20 | | received it.
| 21 | | If the fireman elects to continue coverage, it shall be | 22 | | the obligation
of the fireman to pay the monthly premium | 23 | | directly to the municipality which
shall forward it to the | 24 | | insurance company
issuing the group insurance policy, or as | 25 | | otherwise directed by the insurance
company; provided, | 26 | | however, that the fireman shall be entitled to designate
on |
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| 1 | | the statement of election required to be filed with the | 2 | | insurance company
that the total monthly premium, or such | 3 | | portion thereof as is not
contributed by a municipality, be | 4 | | deducted by a Firefighter's Pension
Fund from any monthly | 5 | | pension payment otherwise payable
to or on behalf of the | 6 | | fireman pursuant to Article 4 of the Illinois Pension
Code, | 7 | | and be remitted by such Pension Fund to the insurance company. | 8 | | The
portion, if any, of the monthly premium contributed by a
| 9 | | municipality for such continued group insurance coverage shall | 10 | | be paid by
the municipality directly to the insurance company | 11 | | issuing the group insurance
policy, or as otherwise directed | 12 | | by the insurance company. Such continued
group insurance | 13 | | coverage shall relate back to the beginning of the fireman's
| 14 | | retirement or disability period.
| 15 | | The amendment, renewal or extension of any group insurance | 16 | | policy affected
by this Section shall be deemed to be the | 17 | | issuance of a new policy of insurance
for purposes of this | 18 | | Section.
| 19 | | In the event that a municipality makes a program of | 20 | | accident, health,
hospital or medical benefits available to | 21 | | its firemen through
self-insurance, or by participation in a | 22 | | pool or reciprocal insurer, or by
contract in a form other than | 23 | | a policy of group insurance with one or more
medical service | 24 | | plans, health care service corporations, health maintenance
| 25 | | organizations, or any other professional corporations or plans | 26 | | under which
health care or reimbursement for the costs thereof |
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| 1 | | is
provided, whether the cost of such benefits is borne by the | 2 | | municipality or
the firemen or both, such firemen and their | 3 | | surviving spouses shall have
the same right to elect continued | 4 | | coverage under such program of benefits
as they would have if | 5 | | such benefits were provided by a policy of group
accident and | 6 | | health insurance. In such cases, the notice of right to elect
| 7 | | continued coverage shall be sent by the municipality; the | 8 | | statement of
election shall be sent to the municipality; and | 9 | | references to the required
premium shall refer to that portion | 10 | | of the cost of such benefits which is not
borne by the | 11 | | municipality, either voluntarily or pursuant to the provisions
| 12 | | of a collective bargaining agreement. In the case of a | 13 | | municipality
providing such benefits through self-insurance or | 14 | | participation in a pool or
reciprocal insurer, the right to | 15 | | elect continued coverage which is provided
by this paragraph | 16 | | shall be implemented and made available to the firemen of
the | 17 | | municipality and qualifying surviving spouses not later than | 18 | | July 1, 1985.
| 19 | | The amendment, renewal or extension of any such contract | 20 | | in a form other
than a policy of group insurance policy shall | 21 | | be deemed the formation of a
new contract for the purposes of | 22 | | this Section.
| 23 | | This Section shall not limit the exercise of any | 24 | | conversion privileges
available under Section 367e.
| 25 | | Pursuant to paragraphs (h) and (i) of Section 6 of Article | 26 | | VII of the
Illinois Constitution, this Section specifically |
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| 1 | | denies and limits the
exercise by a home rule unit of any power | 2 | | which is inconsistent with this
Section and all existing laws | 3 | | and ordinances which are inconsistent with
this Section are | 4 | | hereby superseded. This Section does not preempt the
| 5 | | concurrent exercise by home rule units of powers consistent | 6 | | herewith. | 7 | | The Division of Insurance of the Department of Financial | 8 | | and Professional Regulation shall enforce the provisions of | 9 | | this Section, including provisions relating to municipality | 10 | | self-insured benefit plans.
| 11 | | (Source: P.A. 94-858, eff. 6-15-06.)
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