Illinois General Assembly - Full Text of HB1744
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Full Text of HB1744  102nd General Assembly




HB1744 EngrossedLRB102 11532 RPS 16866 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 8-151 as follows:
6    (40 ILCS 5/8-151)  (from Ch. 108 1/2, par. 8-151)
7    Sec. 8-151. Compensation annuity and supplemental annuity.
8    When annuity otherwise provided in this Article for the
9widow of an employee whose death results solely from injury
10incurred in the performance of an act of duty is less than 60%
11of his salary in effect at the time of the injury,
12"Compensation Annuity" equal to the difference between such
13annuity and 60% of such salary, shall be payable to her until
14the date when the employee, if alive, would have attained age
1565; and in any case where the employee's death is only partly
16due to the duty incurred injury, the "Compensation Annuity"
17shall be based on an amount equal to 40% of such salary.
18    Thereafter, the widow shall be entitled to "Supplemental
19Annuity" equal to the difference between the annuity otherwise
20provided in this Article and the annuity to which she would be
21entitled if the employee had lived and continued in the
22service at the salary in effect at the date of the injury until
23he attained age 65, and based upon her age as it would be on



HB1744 Engrossed- 2 -LRB102 11532 RPS 16866 b

1the date he would have attained 65.
2    "Compensation" or "Supplemental Annuity" shall not be
3payable unless the widow was the wife of the employee when the
4injury was incurred.
5    The city shall contribute to the fund each year the amount
6required for all compensation annuities payable during any
7such year. Supplemental Annuity shall be provided from city
8contributions after the date of the employee's death of such
9equal sums annually which when improved by interest at the
10effective rate, will be sufficient, at the time payment of
11Compensation Annuity to the widow ceases to provide
12Supplemental Annuity, as stated, for the widow throughout her
13life thereafter.
14    Unless the performance of an act or acts of duty results
15solely in the death of the employee, the annuity provided in
16this Section shall not be paid. For the purposes of this
17Section only, the death of any employee as a result of the
18exposure to and contraction of COVID-19, as evidenced by
19either (i) a confirmed positive laboratory test for COVID-19
20or COVID-19 antibodies or (ii) a confirmed diagnosis of
21COVID-19 from a licensed medical professional, shall be
22rebuttably presumed to have been contracted while in the
23performance of an act or acts of duty and the employee shall be
24rebuttably presumed to have been fatally injured while in
25active service. The presumption shall apply to any employee
26who was exposed to and contracted COVID-19 on or after March 9,



HB1744 Engrossed- 3 -LRB102 11532 RPS 16866 b

12020 and on or before June 30, 2021; except that the
2presumption shall not apply if the employee was on a leave of
3absence from his or her employment or otherwise not required
4to report for duty at the physical work space generally
5assigned to the employee, including, but not limited to,
6working remotely, for a period of 14 or more consecutive days
7immediately prior to the date of contraction of COVID-19. For
8the purposes of determining when an employee contracted
9COVID-19 under this paragraph, the date of contraction is
10either the date that the employee was diagnosed with COVID-19
11or was unable to work due to symptoms that were later diagnosed
12as COVID-19, whichever occurred first.
13(Source: Laws 1963, p. 161.)
14    Section 90. The State Mandates Act is amended by adding
15Section 8.45 as follows:
16    (30 ILCS 805/8.45 new)
17    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
188 of this Act, no reimbursement by the State is required for
19the implementation of any mandate created by this amendatory
20Act of the 102nd General Assembly.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.