Full Text of HB0923 96th General Assembly
HB0923eng 96TH GENERAL ASSEMBLY
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HB0923 Engrossed |
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LRB096 03396 AMC 13419 b |
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| AN ACT concerning public employee pensions.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 4-110 as follows:
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| (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
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| Sec. 4-110. Disability pension - Line of duty. | 8 |
| (a) If a firefighter, as the
result of sickness, accident | 9 |
| or injury incurred in or resulting from the
performance of an | 10 |
| act of duty or from the cumulative effects of acts of duty,
is | 11 |
| found, pursuant to Section 4-112, to be physically or mentally | 12 |
| permanently
disabled for service in the fire department, so as | 13 |
| to render necessary his or
her being placed on disability | 14 |
| pension, the firefighter shall be entitled to
a disability | 15 |
| pension equal to the greater of (1) 65% of the monthly
salary | 16 |
| attached to the rank held by him or her in the fire department | 17 |
| at the
date he or she is removed from the municipality's fire | 18 |
| department payroll or
(2) the retirement pension that the | 19 |
| firefighter would be eligible to receive
if he or she retired | 20 |
| (but not including any automatic annual increase in that
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| retirement pension). A firefighter shall be considered "on | 22 |
| duty" while on
any assignment approved by the chief of the fire | 23 |
| department, even though away
from the municipality he or she |
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HB0923 Engrossed |
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LRB096 03396 AMC 13419 b |
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| serves as a firefighter, if the assignment
is related to the | 2 |
| fire protection service of the municipality.
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| Such firefighter shall also be entitled to a child's | 4 |
| disability benefit
of $20 a month on account of each unmarried | 5 |
| child less than 18 years of age and
dependent upon the | 6 |
| firefighter for support, either the issue of the firefighter
or | 7 |
| legally adopted by him or her. The total amount of child's | 8 |
| disability
benefit payable to the firefighter, when added to | 9 |
| his or her disability
pension, shall not exceed 75% of the | 10 |
| amount of salary which the
firefighter was receiving at the | 11 |
| date of retirement.
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| (b) Benefits payable on account of a child under this | 13 |
| Section shall not
be reduced or terminated by reason of the | 14 |
| child's attainment
of age 18 if he or she is then dependent by | 15 |
| reason of a physical or mental
disability but shall continue to | 16 |
| be paid as long as such dependency continues.
Individuals over | 17 |
| the age of 18 and adjudged to be disabled persons pursuant to
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| Article XIa of the Probate Act of 1975, except for persons | 19 |
| receiving benefits
under Article III of the Illinois Public Aid | 20 |
| Code, shall be eligible to receive
benefits under this Act.
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| (c) If a firefighter dies while still disabled and | 22 |
| receiving a disability pension
under this Section, the | 23 |
| disability pension shall continue to be paid to the
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| firefighter's survivors in the sequence provided in Section | 25 |
| 4-114. A pension previously granted
under Section 4-114 to a | 26 |
| survivor of a firefighter who died while receiving a
disability |
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LRB096 03396 AMC 13419 b |
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| pension under this Section shall be deemed to be a continuation
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| of the pension provided under this Section and shall be deemed | 3 |
| to be
in the nature of worker's compensation payments. The | 4 |
| changes to this Section
made by this amendatory Act of 1995 are | 5 |
| intended to be retroactive and are not
limited to persons in | 6 |
| service on or after its effective date.
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| (d) The term "act of duty" shall include any term or | 8 |
| condition of employment assigned to any firefighter, emergency | 9 |
| medical technician (EMT), or paramedic by his or her employing | 10 |
| entity and is not limited in any fashion to a firefighting | 11 |
| activity that involves a special risk of the occupation. Any | 12 |
| activity performed by a firefighter, EMT, or paramedic assigned | 13 |
| by a supervisor directly or indirectly constitutes an act of | 14 |
| duty, including, but not limited to, routine maintenance, | 15 |
| housekeeping chores, clerical tasks, and other assigned | 16 |
| duties. The term "act of duty" as used in other Articles of | 17 |
| this Code has no application to this Article whatsoever.
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| (Source: P.A. 93-1090, eff. 3-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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