HB4435 EnrolledLRB102 23493 RPS 32671 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



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



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1active fireman. A fireman who receives an occupational disease
2disability benefit in accordance with this paragraph may not
3receive a retirement annuity during the period in which he or
4she receives an occupational disease disability benefit. The
5occupational disease disability benefit shall terminate upon
6the fireman reaching the age of compulsory retirement.
7    Any fireman who shall enter the service after the
8effective date of this amendatory Act shall be examined by one
9or more practicing physicians appointed by the Board, and if
10that examination discloses impairment of the heart, lungs, or
11respiratory tract, or the existence of AIDS, hepatitis C,
12stroke, or cancer, or a contagious staph infection, including
13methicillin-resistant Staphylococcus aureus (MRSA), then the
14fireman shall not be entitled to receive an occupational
15disease disability benefit unless and until a subsequent
16examination reveals no such impairment, AIDS, hepatitis C,
17stroke, or cancer, or contagious staph infection, including
18methicillin-resistant Staphylococcus aureus (MRSA).
19    The occupational disease disability benefit shall be 65%
20of the fireman's salary at the time of his removal from the
21Department payroll. However, beginning January 1, 1994, no
22occupational disease disability benefit that has been payable
23under this Section for at least 10 years shall be less than 50%
24of the current salary attached from time to time to the rank
25and grade held by the fireman at the time of his removal from
26the Department payroll, regardless of whether that removal



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1occurred before the effective date of this amendatory Act of
3    Such fireman also shall have a right to receive child's
4disability benefit of $30 per month on account of each
5unmarried child who is less than 18 years of age or
6handicapped, dependent upon the fireman for support, and
7either the issue of the fireman or legally adopted by him. The
8total amount of child's disability benefit payable to the
9fireman, when added to his occupational disease disability
10benefit, shall not exceed 75% of the amount of salary which he
11was receiving at the time of the grant of occupational disease
12disability benefit.
13    The first payment of occupational disease disability
14benefit or child's disability benefit shall be made not later
15than one month after the benefit is granted. Each subsequent
16payment shall be made not later than one month after the date
17of the latest payment.
18    Occupational disease disability benefit shall be payable
19during the period of the disability until the fireman reaches
20the age of compulsory retirement. Child's disability benefit
21shall be paid to such a fireman during the period of disability
22until such child or children attain age 18 or marry, whichever
23event occurs first; except that attainment of age 18 by a child
24who is so physically or mentally handicapped as to be
25dependent upon the fireman for support, shall not render the
26child ineligible for child's disability benefit. The fireman



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1thereafter shall receive such annuity or annuities as are
2provided for him in accordance with other provisions of this
4(Source: P.A. 102-91, eff. 7-9-21.)
5    Section 90. The State Mandates Act is amended by adding
6Section 8.46 as follows:
7    (30 ILCS 805/8.46 new)
8    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
98 of this Act, no reimbursement by the State is required for
10the implementation of any mandate created by this amendatory
11Act of the 102nd General Assembly.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.