Full Text of HB4435 102nd General Assembly
HB4435enr 102ND GENERAL ASSEMBLY |
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| 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 | 5 | | changing 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 | 8 | | service in the
Fire Department requires that firemen, in times | 9 | | of stress and danger, must
perform unusual tasks; that by | 10 | | reason of their occupation, firemen are subject
to exposure to | 11 | | great heat and to extreme cold in certain seasons while in
| 12 | | performance of their duties; that by reason of their | 13 | | employment firemen are
required to work in the midst of and are | 14 | | subject to heavy smoke fumes and
carcinogenic, poisonous, | 15 | | toxic or chemical gases from fires; and that in the
course of | 16 | | their rescue and paramedic duties firemen are exposed to | 17 | | disabling
infectious diseases, including AIDS, hepatitis C, | 18 | | and stroke. The General
Assembly further finds and declares | 19 | | that all the aforementioned conditions
exist and arise out of | 20 | | or in the course of such employment.
| 21 | | Any active fireman who has completed 7 or more years of | 22 | | service
and is unable to perform his duties in the Fire | 23 | | Department by reason of heart
disease, tuberculosis, any |
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| 1 | | disease of the lungs or respiratory
tract, AIDS, hepatitis C, | 2 | | or stroke , or a contagious staph infection, including | 3 | | methicillin-resistant Staphylococcus aureus (MRSA), resulting | 4 | | from his service
as a fireman, shall be entitled to receive an | 5 | | occupational disease disability
benefit during any period of | 6 | | such disability for which he does not have a right
to receive | 7 | | salary.
| 8 | | Any active fireman who has completed 7 or more years of | 9 | | service
and is unable to perform his duties in the fire | 10 | | department by reason of a
disabling cancer, which develops or | 11 | | manifests itself during a period while
the fireman is in the | 12 | | service of the department, shall be entitled to
receive an | 13 | | occupational disease disability benefit during any period of
| 14 | | such disability for which he does not have a right to receive | 15 | | salary. In
order to receive this occupational disease | 16 | | disability benefit, the type of
cancer involved must be a type | 17 | | which may be caused by exposure to heat,
radiation or a known | 18 | | carcinogen as defined by the International Agency for
Research | 19 | | on Cancer.
| 20 | | Any fireman receiving a retirement annuity shall be | 21 | | entitled to an occupational disease disability benefit under | 22 | | this Section if the fireman (1) has not reached the age of | 23 | | compulsory retirement, (2) has not been receiving a retirement | 24 | | annuity for more than 5 years, and (3) has a condition
that | 25 | | would have qualified the fireman for an occupational disease | 26 | | disability benefit under this Section if he or she was an |
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| 1 | | active fireman. A fireman who receives an occupational disease | 2 | | disability benefit in accordance with this paragraph may not | 3 | | receive a retirement annuity during the period in which he or | 4 | | she receives an occupational disease disability benefit. The | 5 | | occupational disease disability benefit shall terminate upon | 6 | | the fireman reaching the age of compulsory retirement. | 7 | | Any fireman who shall enter the service after the | 8 | | effective date of this
amendatory Act shall be examined by one | 9 | | or more practicing physicians appointed
by the Board, and if | 10 | | that
examination discloses impairment of
the heart, lungs, or | 11 | | respiratory tract, or the existence of AIDS,
hepatitis C, | 12 | | stroke, or cancer, or a contagious staph infection, including | 13 | | methicillin-resistant Staphylococcus aureus (MRSA), then the | 14 | | fireman shall
not be
entitled to receive an occupational | 15 | | disease disability benefit unless and
until a subsequent | 16 | | examination reveals no such impairment, AIDS,
hepatitis C, | 17 | | stroke, or cancer , or contagious staph infection, including | 18 | | methicillin-resistant Staphylococcus aureus (MRSA) .
| 19 | | The occupational disease disability benefit shall be 65% | 20 | | of the
fireman's salary at the time of his removal from the | 21 | | Department payroll.
However, beginning January 1, 1994, no | 22 | | occupational disease disability
benefit that has been payable | 23 | | under this Section for at least 10 years shall be
less than 50% | 24 | | of the current salary attached from time to time to the rank | 25 | | and
grade held by the fireman at the time of his removal from | 26 | | the Department
payroll, regardless of whether that removal |
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| 1 | | occurred before the effective date
of this amendatory Act of | 2 | | 1993.
| 3 | | 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
| 7 | | either the issue of the fireman or legally adopted by him. The | 8 | | total
amount of child's disability benefit payable to the | 9 | | fireman, when added to
his occupational disease disability | 10 | | benefit, shall not exceed 75% of the
amount of salary which he | 11 | | was receiving at the time of the grant of
occupational disease | 12 | | disability benefit.
| 13 | | 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.
| 18 | | 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
| 25 | | dependent upon the fireman for support, shall not render the | 26 | | child
ineligible for child's disability benefit. The fireman |
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| 1 | | thereafter shall
receive such annuity or annuities as are | 2 | | provided for him in accordance
with other provisions of this | 3 | | Article.
| 4 | | (Source: P.A. 102-91, eff. 7-9-21.)
| 5 | | Section 90. The State Mandates Act is amended by adding | 6 | | Section 8.46 as follows: | 7 | | (30 ILCS 805/8.46 new) | 8 | | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | 9 | | 8 of this Act, no reimbursement by the State is required for | 10 | | the implementation of any mandate created by this amendatory | 11 | | Act of the 102nd General Assembly.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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