Full Text of HB0904 94th General Assembly
HB0904ham003 94TH GENERAL ASSEMBLY
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Rep. Larry McKeon
Filed: 3/15/2005
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09400HB0904ham003 |
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LRB094 07005 DRJ 43647 a |
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| AMENDMENT TO HOUSE BILL 904
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| AMENDMENT NO. ______. Amend House Bill 904, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 3, after line 1, by inserting the following:
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| "Section 10. The Illinois Pension Code is amended by | 6 |
| changing Section 6-151.1 as follows:
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| (40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
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| Sec. 6-151.1. The General Assembly finds and declares that | 9 |
| service in the
Fire Department requires that firemen, in times | 10 |
| of stress and danger, must
perform unusual tasks; that by | 11 |
| reason of their occupation, firemen are subject
to exposure to | 12 |
| great heat and to extreme cold in certain seasons while in
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| performance of their duties; that by reason of their employment | 14 |
| firemen are
required to work in the midst of and are subject to | 15 |
| heavy smoke fumes and
carcinogenic, poisonous, toxic or | 16 |
| chemical gases from fires; and that in the
course of their | 17 |
| rescue and paramedic duties firemen are exposed to disabling
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| infectious diseases, including AIDS, hepatitis C , and stroke. | 19 |
| The General
Assembly further finds and declares that all the | 20 |
| aforementioned conditions
exist and arise out of or in the | 21 |
| course of such employment.
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| Any active fireman who has completed 7 or more years of | 23 |
| service
and is unable to perform his duties in the Fire | 24 |
| Department by reason of heart
disease, tuberculosis, any |
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LRB094 07005 DRJ 43647 a |
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| 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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| 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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| 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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| Any fireman who shall enter the service after the effective | 19 |
| date of this
amendatory Act shall be examined by one or more | 20 |
| practicing physicians appointed
by the Board, and if that
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| examination discloses impairment of
the heart, lungs, or | 22 |
| respiratory tract, or the existence of AIDS,
hepatitis C , | 23 |
| stroke, or cancer, then the fireman shall
not be
entitled to | 24 |
| receive an occupational disease disability benefit unless and
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| until a subsequent examination reveals no such impairment, | 26 |
| AIDS,
hepatitis C , stroke, or cancer.
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| The occupational disease disability benefit shall be 65% of | 28 |
| the
fireman's salary at the time of his removal from the | 29 |
| Department payroll.
However, beginning January 1, 1994, no | 30 |
| occupational disease disability
benefit that has been payable | 31 |
| under this Section for at least 10 years shall be
less than 50% | 32 |
| of the current salary attached from time to time to the rank | 33 |
| and
grade held by the fireman at the time of his removal from | 34 |
| the Department
payroll, regardless of whether that removal |
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LRB094 07005 DRJ 43647 a |
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| occurred before the effective date
of this amendatory Act of | 2 |
| 1993.
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| Such fireman also shall have a right to receive child's | 4 |
| disability
benefit of $30 per month on account of each | 5 |
| unmarried child who is less than
18 years of age or | 6 |
| handicapped, dependent upon the fireman for support, and
either | 7 |
| the issue of the fireman or legally adopted by him. The total
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| amount of child's disability benefit payable to the fireman, | 9 |
| when added to
his occupational disease disability benefit, | 10 |
| shall not exceed 75% of the
amount of salary which he was | 11 |
| receiving at the time of the grant of
occupational disease | 12 |
| disability benefit.
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| The first payment of occupational disease disability | 14 |
| benefit or
child's disability benefit shall be made not later | 15 |
| than one month after
the benefit is granted. Each subsequent | 16 |
| payment shall be made not later
than one month after the date | 17 |
| of the latest payment.
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| Occupational disease disability benefit shall be payable | 19 |
| during the
period of the disability until the fireman reaches | 20 |
| the age of compulsory
retirement. Child's disability benefit | 21 |
| shall be paid to such a fireman
during the period of disability | 22 |
| until such child or children attain age
18 or marry, whichever | 23 |
| event occurs first; except that attainment of age
18 by a child | 24 |
| who is so physically or mentally handicapped as to be
dependent | 25 |
| upon the fireman for support, shall not render the child
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| ineligible for child's disability benefit. The fireman | 27 |
| thereafter shall
receive such annuity or annuities as are | 28 |
| provided for him in accordance
with other provisions of this | 29 |
| Article.
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| (Source: P.A. 93-654, eff. 1-16-04.)".
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