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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
tenor 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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