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90_HB0858
40 ILCS 5/3-114.3 from Ch. 108 1/2, par. 3-114.3
40 ILCS 5/3-114.4 from Ch. 108 1/2, par. 3-114.4
40 ILCS 5/4-114.6 new
40 ILCS 5/3-121 from Ch. 108 1/2, par. 3-121
30 ILCS 805/8.21 new
Amends the Downstate Police Article of the Pension Code
to provide an occupational disease disability benefit for
certain police officers who also have firefighting duties and
become disabled by heart disease, respiratory disease, or
certain cancers and for their dependent children and
survivors. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
LRB9003033EGfg
LRB9003033EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-114.3, 3-114.4, and 3-121 and adding Section
3 3-114.6 and to amend the State Mandates Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 3-114.3, 3-114.4, and 3-121 and adding
8 Section 3-114.6 as follows:
9 (40 ILCS 5/3-114.3) (from Ch. 108 1/2, par. 3-114.3)
10 Sec. 3-114.3. Heart attack suffered in performance of
11 duties. Any police officer who suffers a heart attack as a
12 result of the performance and discharge of police duty shall
13 be considered as having been injured in the performance of an
14 act of duty and shall be eligible for the benefits provided
15 under this Article for police officers injured in the
16 performance of an act of duty or, if applicable, the benefits
17 provided in Section 3-114.6.
18 (Source: P.A. 83-1440.)
19 (40 ILCS 5/3-114.4) (from Ch. 108 1/2, par. 3-114.4)
20 Sec. 3-114.4. Return to active duty after disability. A
21 police officer who receives a disability pension under
22 Section Sections 3-114.1, or 3-114.2, or 3-114.6 for more
23 than 2 years and who returns to active duty must remain in
24 active police service for at least 5 years before becoming
25 eligible for a disability pension greater than the pension
26 paid for the prior disability.
27 (Source: P.A. 83-1440.)
28 (40 ILCS 5/4-114.6 new)
29 Sec. 3-114.6. Occupational disease disability pension.
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1 (a) This Section applies only to police officers who are
2 employed by a municipality with a combined police and fire
3 department and who have regular firefighting duties in
4 addition to their law enforcement duties.
5 (b) The General Assembly finds that service in a police
6 department that also has firefighting duties requires
7 officers to perform unusual tasks in times of stress and
8 danger; that officers are subject to exposure to extreme heat
9 or extreme cold in certain seasons while performing their
10 duties; that they are required to work in the midst of and
11 are subject to heavy smoke fumes and carcinogenic, poisonous,
12 toxic, or chemical gases from fires; and that these
13 conditions exist and arise out of or in the course of
14 employment.
15 (c) An active officer with 5 or more years of creditable
16 service who is found to be unable to perform his or her
17 duties in the department by reason of heart disease,
18 tuberculosis, or any disease of the lungs or respiratory
19 tract, resulting from service as an officer, is entitled to
20 an occupational disease disability pension during any period
21 of such disability for which he or she has no right to
22 receive salary.
23 An active officer who has completed 5 or more years of
24 service and is unable to perform his or her duties in the
25 department by reason of a disabling cancer, which develops or
26 manifests itself during a period while the officer is in the
27 service of the department, is entitled to receive an
28 occupational disease disability benefit during any period of
29 such disability for which he or she does not have a right to
30 receive salary. In order to receive this occupational
31 disease disability benefit, the cancer must be of a type that
32 may be caused by exposure to heat, radiation, or a known
33 carcinogen as defined by the International Agency for
34 Research on Cancer.
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1 An officer who, after the effective date of this
2 amendatory Act of 1997, enters the service of a combined
3 police and fire department and has regular firefighting
4 duties shall be examined by one or more practicing physicians
5 appointed by the board. If the examination discloses
6 impairment of the heart, lungs, or respiratory tract, or the
7 existence of cancer, the officer shall not be entitled to an
8 occupational disease disability pension under this Section
9 unless and until a subsequent examination reveals no such
10 impairment or cancer.
11 The occupational disease disability pension shall be 65%
12 of the salary attached to the rank held by the officer at the
13 time of his or her removal from the municipality's department
14 payroll.
15 The occupational disease disability pension is payable to
16 the officer during the period of the disability. If the
17 disability ceases before the death of the officer, the
18 disability pension payable under this Section shall also
19 cease and the officer thereafter shall receive such pension
20 benefits as are provided in accordance with other provisions
21 of this Article.
22 If an officer dies while still disabled and receiving a
23 disability pension under this Section, the disability pension
24 shall continue to be paid to the officer's survivors in the
25 sequence provided in Section 3-112.
26 (40 ILCS 5/3-121) (from Ch. 108 1/2, par. 3-121)
27 Sec. 3-121. Marriage and remarriage. The pensions
28 provided in Sections 3-112, 3-114.1, and 3-114.2, and 3-114.6
29 shall not be paid to a child or dependent parent after
30 marriage or remarriage of the child or dependent parent
31 following the death of the police officer.
32 The pensions provided in Sections 3-112, 3-114.1 and
33 3-114.2 shall not be paid to a surviving spouse after
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1 remarriage following the death of the police officer, if the
2 remarriage occurs (i) prior to January 1, 1974 or (ii) after
3 December 31, 1974 but before the effective date of this
4 amendatory Act of 1995. Remarriage on or after the effective
5 date of this amendatory Act of 1995 does not affect the
6 surviving spouse's eligibility for those pensions, regardless
7 of whether the deceased police officer was in service on or
8 after that effective date. A surviving spouse whose pension
9 was terminated due to remarriage during 1974, and who applies
10 for reinstatement of that pension before January 1, 1990,
11 shall be entitled to have the pension reinstated beginning on
12 January 1, 1990.
13 (Source: P.A. 89-408, eff. 11-15-95.)
14 Section 90. The State Mandates Act is amended by adding
15 Section 8.21 as follows:
16 (30 ILCS 805/8.21 new)
17 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
18 and 8 of this Act, no reimbursement by the State is required
19 for the implementation of any mandate created by this
20 amendatory Act of 1997.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.