State of Illinois
90th General Assembly
Legislation

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90_HB0034

      40 ILCS 5/6-151.1         from Ch. 108 1/2, par. 6-151.1
      30 ILCS 805/8.21 new
          Amends the Chicago Firefighter  Article  of  the  Pension
      Code to add stroke and diseases caused by air- or blood-borne
      pathogens to the occupational diseases for which a disability
      benefit  may  be  granted.   Amends the State Mandates Act to
      require  implementation  without  reimbursement.    Effective
      immediately.
                                                     LRB9000758EGfg
                                               LRB9000758EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 6-151.1 and to amend the State Mandates Act.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Pension  Code  is  amended by
 6    changing Section 6-151.1 as follows:
 7        (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
 8        Sec. 6-151.1.  The General Assembly  finds  and  declares
 9    that service in the Fire Department requires that firemen, in
10    times  of  stress and danger must perform unusual tasks; that
11    by  reason  of  their  occupation,  firemen  are  subject  to
12    exposure to great heat and to extreme cold in certain seasons
13    while in performance of their duties; that by reason of their
14    employment firemen are required to work in the midst  of  and
15    are   subject   to   heavy  smoke  fumes,  and  carcinogenic,
16    poisonous, toxic or chemical gases from fires.   The  General
17    Assembly   further   finds   and   declares   that   all  the
18    aforementioned conditions exist and arise out of  or  in  the
19    course of such employment.
20        Any active fireman who has completed 10 ten or more years
21    of  service  and  is unable to perform his duties in the Fire
22    Department by reason of heart disease, stroke,  tuberculosis,
23    any  disease  caused by air- or blood-borne pathogens, or any
24    disease of the lungs or respiratory tract,  resulting  solely
25    from  his  service as a fireman, shall be entitled to receive
26    an occupational disease disability benefit during any  period
27    of  such  disability  for  which  he does not have a right to
28    receive salary.
29        Any active fireman who has completed ten or more years of
30    service and is unable to  perform  his  duties  in  the  fire
31    department by reason of a disabling cancer, which develops or
                            -2-                LRB9000758EGfg
 1    manifests  itself during a period while the fireman is in the
 2    service of the department, shall be entitled  to  receive  an
 3    occupational  disease disability benefit during any period of
 4    such disability for which he does not have a right to receive
 5    salary.   In  order  to  receive  this  occupational  disease
 6    disability benefit, the type of cancer  involved  must  be  a
 7    type  which may be caused by exposure to heat, radiation or a
 8    known carcinogen as defined by the International  Agency  for
 9    Research on Cancer.
10        Any  fireman  who  shall  enter  the  service  after  the
11    effective  date  of  this amendatory Act shall be examined by
12    one or more practicing physicians appointed by the Board, and
13    if said examination discloses impairment of the heart,  lungs
14    or  respiratory  tract,  or the existence of any cancer, such
15    fireman shall not be entitled to receive occupational disease
16    disability benefit unless and until a subsequent  examination
17    reveals no such impairment or cancer.
18        The  occupational disease disability benefit shall be 65%
19    of the fireman's salary at the time of his removal  from  the
20    Department  payroll.   However, beginning January 1, 1994, no
21    occupational disease disability benefit that has been payable
22    under this Section for at least 10 years shall be  less  than
23    50%  of  the current salary attached from time to time to the
24    rank and grade held by the fireman at the time of his removal
25    from the  Department  payroll,  regardless  of  whether  that
26    removal occurred before the effective date of this amendatory
27    Act of 1993.
28        Such  fireman  also shall have a right to receive child's
29    disability benefit of  $30  per  month  on  account  of  each
30    unmarried  child  who  is  less  than  18  years  of  age  or
31    handicapped,  dependent  upon  the  fireman  for support, and
32    either the issue of the fireman or legally  adopted  by  him.
33    The total amount of child's disability benefit payable to the
34    fireman,  when  added  to his occupational disease disability
                            -3-                LRB9000758EGfg
 1    benefit, shall not exceed 75% of the amount of  salary  which
 2    he  was  receiving  at  the time of the grant of occupational
 3    disease disability benefit.
 4        The first  payment  of  occupational  disease  disability
 5    benefit or child's disability benefit shall be made not later
 6    than one month after the benefit is granted.  Each subsequent
 7    payment shall be made not later than one month after the date
 8    of the latest payment.
 9        Occupational  disease disability benefit shall be payable
10    during the period of the disability until the fireman reaches
11    the age of compulsory retirement.  Child's disability benefit
12    shall be  paid  to  such  a  fireman  during  the  period  of
13    disability  until  such  child  or  children attain age 18 or
14    marry, whichever event occurs first; except  that  attainment
15    of  age  18  by  a  child  who  is  so physically or mentally
16    handicapped as to be dependent upon the fireman for  support,
17    shall  not render the child ineligible for child's disability
18    benefit.  The fireman thereafter shall receive  such  annuity
19    or annuities as are provided for him in accordance with other
20    provisions of this Article.
21    (Source: P.A. 88-528.)
22        Section  90.  The State Mandates Act is amended by adding
23    Section 8.21 as follows:
24        (30 ILCS 805/8.21 new)
25        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
26    and  8 of this Act, no reimbursement by the State is required
27    for  the  implementation  of  any  mandate  created  by  this
28    amendatory Act of 1997.
29        Section 99. Effective date.  This Act takes  effect  upon
30    becoming law.

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