Full Text of HB1815 95th General Assembly
HB1815 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1815
Introduced 2/23/2007, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
|
40 ILCS 5/6-151 |
from Ch. 108 1/2, par. 6-151 |
40 ILCS 5/6-151.1 |
from Ch. 108 1/2, par. 6-151.1 |
30 ILCS 805/8.31 new |
|
|
Amends the Chicago Firefighters Article of the Illinois Pension Code. Beginning January 1, 2008, provides that the minimum duty disability benefit shall not be less than 75% of the current salary attached from time to time to the rank held by the fireman at the time of removal from the Department payroll. Provides that the occupational disease disability benefit shall be equal to 65% of the current salary attached from time to time to the rank held by the fireman at the time of his or her removal from the Department payroll. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB1815 |
|
LRB095 09083 AMC 29275 b |
|
| 1 |
| AN ACT concerning public employee benefits.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 6-151 and 6-151.1 as follows:
| 6 |
| (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
| 7 |
| Sec. 6-151. Duty disability benefits.
An active fireman who | 8 |
| is or becomes disabled on or after the
effective date as the | 9 |
| result of a specific injury, or of cumulative
injuries, or of | 10 |
| specific sickness incurred in or resulting from an act or
acts | 11 |
| of duty, shall have the right to receive duty disability | 12 |
| benefit
during any period of such disability for which he does | 13 |
| not receive or have
a right to receive salary . Beginning on | 14 |
| January 1, 2008, no duty disability benefit that is payable | 15 |
| under this Section shall be less than 75% of the current salary | 16 |
| attached from time to time
to the rank and grade held by the | 17 |
| fireman at the time of removal from the Department payroll, | 18 |
| regardless of whether that removal occurred before the | 19 |
| effective date of this amendatory Act of the 95th General | 20 |
| Assembly.
, equal to 75% of his salary at the time the
| 21 |
| disability is allowed. However, beginning January 1, 1994, no
| 22 |
| duty disability benefit that has been payable under this | 23 |
| Section for at least
10 years shall be less than 50%
of the |
|
|
|
HB1815 |
- 2 - |
LRB095 09083 AMC 29275 b |
|
| 1 |
| current salary attached from time to time to the rank and grade | 2 |
| held
by the fireman at the time of his removal from the | 3 |
| Department payroll,
regardless of whether that removal | 4 |
| occurred before the effective date of
this amendatory Act of | 5 |
| 1993.
| 6 |
| Whenever an active fireman is or becomes so injured or | 7 |
| sick, as to
require medical or hospital attention, the chief | 8 |
| officer of the fire
department of the city shall file, or cause | 9 |
| to be filed, with the board a
report of the nature and cause of | 10 |
| his disability, together with the
certificate or report of the | 11 |
| physician attending or treating, or who
attended or treated the | 12 |
| fireman, and a copy of any hospital record
concerning the | 13 |
| disability. Any injury or sickness not reported to the board
in | 14 |
| time to permit the board's physician to examine the fireman | 15 |
| before his
recovery, and any injury or sickness for which a | 16 |
| physician's report or copy
of the hospital record is not on | 17 |
| file with the board shall not be
considered for the payment of | 18 |
| duty disability benefit.
| 19 |
| Such fireman shall also receive a child's disability | 20 |
| benefit of $30 per
month on account of each unmarried child, | 21 |
| the issue of the fireman or
legally adopted by him prior to the | 22 |
| date of disability, who is less
than 18 years of age or | 23 |
| handicapped and dependent upon the fireman for
support. The | 24 |
| total amount of child's disability benefit shall not exceed
25% | 25 |
| of his salary at the time the disability is allowed.
| 26 |
| The first payment of duty disability or child's disability |
|
|
|
HB1815 |
- 3 - |
LRB095 09083 AMC 29275 b |
|
| 1 |
| benefit shall
be made not later than one month after the | 2 |
| benefit is granted. Each
subsequent payment shall be made not | 3 |
| later than one month after the date of
the latest payment.
| 4 |
| Duty disability benefit shall be payable during the period | 5 |
| of the
disability until the fireman reaches the age of | 6 |
| compulsory retirement.
Child's disability benefit shall be | 7 |
| paid to such a fireman during the
period of disability until | 8 |
| such child or children attain age 18 or marries,
whichever | 9 |
| event occurs first; except that attainment of age 18 by a child
| 10 |
| who is so physically or mentally handicapped as to be dependent | 11 |
| upon the
fireman for support, shall not render the child | 12 |
| ineligible for child's
disability benefit. The fireman shall | 13 |
| thereafter receive such
annuity or annuities as are provided | 14 |
| for him in accordance with other
provisions of this Article.
| 15 |
| (Source: P.A. 88-528.)
| 16 |
| (40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
| 17 |
| Sec. 6-151.1. Occupational disease disability benefits.
| 18 |
| The General Assembly finds and declares that service in the
| 19 |
| Fire Department requires that firemen, in times of stress and | 20 |
| danger, must
perform unusual tasks; that by reason of their | 21 |
| occupation, firemen are subject
to exposure to great heat and | 22 |
| to extreme cold in certain seasons while in
performance of | 23 |
| their duties; that by reason of their employment firemen are
| 24 |
| required to work in the midst of and are subject to heavy smoke | 25 |
| fumes and
carcinogenic, poisonous, toxic or chemical gases from |
|
|
|
HB1815 |
- 4 - |
LRB095 09083 AMC 29275 b |
|
| 1 |
| fires; and that in the
course of their rescue and paramedic | 2 |
| duties firemen are exposed to disabling
infectious diseases, | 3 |
| including AIDS, hepatitis C, and stroke. The General
Assembly | 4 |
| further finds and declares that all the aforementioned | 5 |
| conditions
exist and arise out of or in the course of such | 6 |
| employment.
| 7 |
| Any active fireman who has completed 7 or more years of | 8 |
| service
and is unable to perform his duties in the Fire | 9 |
| Department by reason of heart
disease, tuberculosis, any | 10 |
| disease of the lungs or respiratory
tract, AIDS, hepatitis C, | 11 |
| or stroke resulting from his service
as a fireman, shall be | 12 |
| entitled to receive an occupational disease disability
benefit | 13 |
| during any period of such disability for which he does not have | 14 |
| a right
to receive salary.
| 15 |
| Any active fireman who has completed 7 or more years of | 16 |
| service
and is unable to perform his duties in the fire | 17 |
| department by reason of a
disabling cancer, which develops or | 18 |
| manifests itself during a period while
the fireman is in the | 19 |
| service of the department, shall be entitled to
receive an | 20 |
| occupational disease disability benefit during any period of
| 21 |
| such disability for which he does not have a right to receive | 22 |
| salary. In
order to receive this occupational disease | 23 |
| disability benefit, the type of
cancer involved must be a type | 24 |
| which may be caused by exposure to heat,
radiation or a known | 25 |
| carcinogen as defined by the International Agency for
Research | 26 |
| on Cancer.
|
|
|
|
HB1815 |
- 5 - |
LRB095 09083 AMC 29275 b |
|
| 1 |
| Any fireman who shall enter the service after the effective | 2 |
| date of this
amendatory Act shall be examined by one or more | 3 |
| practicing physicians appointed
by the Board, and if that
| 4 |
| examination discloses impairment of
the heart, lungs, or | 5 |
| respiratory tract, or the existence of AIDS,
hepatitis C, | 6 |
| stroke, or cancer, then the fireman shall
not be
entitled to | 7 |
| receive an occupational disease disability benefit unless and
| 8 |
| until a subsequent examination reveals no such impairment, | 9 |
| AIDS,
hepatitis C, stroke, or cancer.
| 10 |
| The occupational disease disability benefit shall be 65% of | 11 |
| the
current
fireman's salary attached from time to time to the | 12 |
| rank and grade held by the fireman at the time of his or her
| 13 |
| removal from the Department payroll .
However, beginning | 14 |
| January 1, 1994 , no occupational disease disability
benefit | 15 |
| that has been payable under this Section for at least 10 years | 16 |
| shall be
less than 50% of the current salary attached from time | 17 |
| to time to the rank and
grade held by the fireman at the time of | 18 |
| his removal from the Department
payroll, regardless of whether | 19 |
| that removal occurred before the effective date
of this | 20 |
| amendatory Act of 1993.
| 21 |
| Such fireman also shall have a right to receive child's | 22 |
| disability
benefit of $30 per month on account of each | 23 |
| unmarried child who is less than
18 years of age or | 24 |
| handicapped, dependent upon the fireman for support, and
either | 25 |
| the issue of the fireman or legally adopted by him. The total
| 26 |
| amount of child's disability benefit payable to the fireman, |
|
|
|
HB1815 |
- 6 - |
LRB095 09083 AMC 29275 b |
|
| 1 |
| when added to
his occupational disease disability benefit, | 2 |
| shall not exceed 75% of the
amount of salary which he was | 3 |
| receiving at the time of the grant of
occupational disease | 4 |
| disability benefit.
| 5 |
| The first payment of occupational disease disability | 6 |
| benefit or
child's disability benefit shall be made not later | 7 |
| than one month after
the benefit is granted. Each subsequent | 8 |
| payment shall be made not later
than one month after the date | 9 |
| of the latest payment.
| 10 |
| Occupational disease disability benefit shall be payable | 11 |
| during the
period of the disability until the fireman reaches | 12 |
| the age of compulsory
retirement. Child's disability benefit | 13 |
| shall be paid to such a fireman
during the period of disability | 14 |
| until such child or children attain age
18 or marry, whichever | 15 |
| event occurs first; except that attainment of age
18 by a child | 16 |
| who is so physically or mentally handicapped as to be
dependent | 17 |
| upon the fireman for support, shall not render the child
| 18 |
| ineligible for child's disability benefit. The fireman | 19 |
| thereafter shall
receive such annuity or annuities as are | 20 |
| provided for him in accordance
with other provisions of this | 21 |
| Article.
| 22 |
| The changes made to this Section by this amendatory Act of | 23 |
| the 95th General Assembly apply without regard to whether the | 24 |
| fireman was in service on or after its effective date. In the | 25 |
| case of a person who is receiving an occupational disease
| 26 |
| disability benefit on the effective date of this amendatory Act |
|
|
|
HB1815 |
- 7 - |
LRB095 09083 AMC 29275 b |
|
| 1 |
| of the 95th General Assembly, the increase, if any, shall begin | 2 |
| to accrue on the first benefit payment date following that | 3 |
| effective date.
| 4 |
| (Source: P.A. 93-654, eff. 1-16-04.)
| 5 |
| Section 90. The State Mandates Act is amended by adding | 6 |
| Section 8.31 as follows: | 7 |
| (30 ILCS 805/8.31 new) | 8 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 |
| of this Act, no reimbursement by the State is required for the | 10 |
| implementation of any mandate created by this amendatory Act of | 11 |
| the 95th General Assembly.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
|
|