HB1378 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1378

 

Introduced , by Rep. Daniel J. Burke

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/6-151.1  from Ch. 108 1/2, par. 6-151.1
30 ILCS 805/8.37 new

    Amends the Chicago Firefighter Article of the Illinois Pension Code. Adds Parkinson's disease to the list of diseases for which certain firemen may be entitled to receive an occupational disease disability benefit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 changing
5Section 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 employment
13firemen are required to work in the midst of and are subject to
14heavy smoke fumes and carcinogenic, poisonous, toxic or
15chemical gases from fires; and that in the course of their
16rescue and paramedic duties firemen are exposed to disabling
17infectious diseases, including AIDS, hepatitis C, Parkinson's
18disease, and stroke. The General Assembly further finds and
19declares that all the aforementioned conditions exist and arise
20out of or 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

 

 

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1disease of the lungs or respiratory tract, AIDS, hepatitis C,
2Parkinson's disease, or stroke resulting from his service as a
3fireman, shall be entitled to receive an occupational disease
4disability benefit during any period of such disability for
5which he does not have a 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 who shall enter the service after the effective
19date of this amendatory Act shall be examined by one or more
20practicing physicians appointed by the Board, and if that
21examination discloses impairment of the heart, lungs, or
22respiratory tract, or the existence of AIDS, hepatitis C,
23Parkinson's disease, stroke, or cancer, then the fireman shall
24not be entitled to receive an occupational disease disability
25benefit unless and until a subsequent examination reveals no
26such impairment, AIDS, hepatitis C, Parkinson's disease,

 

 

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1stroke, or cancer.
2    The occupational disease disability benefit shall be 65% of
3the fireman's salary at the time of his removal from the
4Department payroll. However, beginning January 1, 1994, no
5occupational disease disability benefit that has been payable
6under this Section for at least 10 years shall be less than 50%
7of the current salary attached from time to time to the rank
8and grade held by the fireman at the time of his removal from
9the Department payroll, regardless of whether that removal
10occurred before the effective date of this amendatory Act of
111993.
12    Such fireman also shall have a right to receive child's
13disability benefit of $30 per month on account of each
14unmarried child who is less than 18 years of age or
15handicapped, dependent upon the fireman for support, and either
16the issue of the fireman or legally adopted by him. The total
17amount of child's disability benefit payable to the fireman,
18when added to his occupational disease disability benefit,
19shall not exceed 75% of the amount of salary which he was
20receiving at the time of the grant of occupational disease
21disability benefit.
22    The first payment of occupational disease disability
23benefit or child's disability benefit shall be made not later
24than one month after the benefit is granted. Each subsequent
25payment shall be made not later than one month after the date
26of the latest payment.

 

 

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1    Occupational disease disability benefit shall be payable
2during the period of the disability until the fireman reaches
3the age of compulsory retirement. Child's disability benefit
4shall be paid to such a fireman during the period of disability
5until such child or children attain age 18 or marry, whichever
6event occurs first; except that attainment of age 18 by a child
7who is so physically or mentally handicapped as to be dependent
8upon the fireman for support, shall not render the child
9ineligible for child's disability benefit. The fireman
10thereafter shall receive such annuity or annuities as are
11provided for him in accordance with other provisions of this
12Article.
13(Source: P.A. 93-654, eff. 1-16-04.)
 
14    Section 90. The State Mandates Act is amended by adding
15Section 8.37 as follows:
 
16    (30 ILCS 805/8.37 new)
17    Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
18of this Act, no reimbursement by the State is required for the
19implementation of any mandate created by this amendatory Act of
20the 98th General Assembly.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.