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Public Act 102-0091


 

Public Act 0091 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0091
 
SB0307 EnrolledLRB102 10827 RPS 16157 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Section 6-151.1 as follows:
 
    (40 ILCS 5/6-151.1)   (from Ch. 108 1/2, par. 6-151.1)
    Sec. 6-151.1. The General Assembly finds and declares that
service in the Fire Department requires that firemen, in times
of stress and danger, must perform unusual tasks; that by
reason of their occupation, firemen are subject to exposure to
great heat and to extreme cold in certain seasons while in
performance of their duties; that by reason of their
employment firemen are required to work in the midst of and are
subject to heavy smoke fumes and carcinogenic, poisonous,
toxic or chemical gases from fires; and that in the course of
their rescue and paramedic duties firemen are exposed to
disabling infectious diseases, including AIDS, hepatitis C,
and stroke. The General Assembly further finds and declares
that all the aforementioned conditions exist and arise out of
or in the course of such employment.
    Any active fireman who has completed 7 or more years of
service and is unable to perform his duties in the Fire
Department by reason of heart disease, tuberculosis, any
disease of the lungs or respiratory tract, AIDS, hepatitis C,
or stroke resulting from his service as a fireman, shall be
entitled to receive an occupational disease disability benefit
during any period of such disability for which he does not have
a right to receive salary.
    Any active fireman who has completed 7 or more years of
service and is unable to perform his duties in the fire
department by reason of a disabling cancer, which develops or
manifests itself during a period while the fireman is in the
service of the department, shall be entitled to receive an
occupational disease disability benefit during any period of
such disability for which he does not have a right to receive
salary. In order to receive this occupational disease
disability benefit, the type of cancer involved must be a type
which may be caused by exposure to heat, radiation or a known
carcinogen as defined by the International Agency for Research
on Cancer.
    Any fireman receiving a retirement annuity shall be
entitled to an occupational disease disability benefit under
this Section if the fireman (1) has not reached the age of
compulsory retirement, (2) has not been receiving a retirement
annuity for more than 5 years, and (3) has a condition that
would have qualified the fireman for an occupational disease
disability benefit under this Section if he or she was an
active fireman. A fireman who receives an occupational disease
disability benefit in accordance with this paragraph may not
receive a retirement annuity during the period in which he or
she receives an occupational disease disability benefit. The
occupational disease disability benefit shall terminate upon
the fireman reaching the age of compulsory retirement.
    Any fireman who shall enter the service after the
effective date of this amendatory Act shall be examined by one
or more practicing physicians appointed by the Board, and if
that examination discloses impairment of the heart, lungs, or
respiratory tract, or the existence of AIDS, hepatitis C,
stroke, or cancer, then the fireman shall not be entitled to
receive an occupational disease disability benefit unless and
until a subsequent examination reveals no such impairment,
AIDS, hepatitis C, stroke, or cancer.
    The occupational disease disability benefit shall be 65%
of the fireman's salary at the time of his removal from the
Department payroll. However, beginning January 1, 1994, no
occupational disease disability benefit that has been payable
under this Section for at least 10 years shall be less than 50%
of the current salary attached from time to time to the rank
and grade held by the fireman at the time of his removal from
the Department payroll, regardless of whether that removal
occurred before the effective date of this amendatory Act of
1993.
    Such fireman also shall have a right to receive child's
disability benefit of $30 per month on account of each
unmarried child who is less than 18 years of age or
handicapped, dependent upon the fireman for support, and
either the issue of the fireman or legally adopted by him. The
total amount of child's disability benefit payable to the
fireman, when added to his occupational disease disability
benefit, shall not exceed 75% of the amount of salary which he
was receiving at the time of the grant of occupational disease
disability benefit.
    The first payment of occupational disease disability
benefit or child's disability benefit shall be made not later
than one month after the benefit is granted. Each subsequent
payment shall be made not later than one month after the date
of the latest payment.
    Occupational disease disability benefit shall be payable
during the period of the disability until the fireman reaches
the age of compulsory retirement. Child's disability benefit
shall be paid to such a fireman during the period of disability
until such child or children attain age 18 or marry, whichever
event occurs first; except that attainment of age 18 by a child
who is so physically or mentally handicapped as to be
dependent upon the fireman for support, shall not render the
child ineligible for child's disability benefit. The fireman
thereafter shall receive such annuity or annuities as are
provided for him in accordance with other provisions of this
Article.
(Source: P.A. 93-654, eff. 1-16-04.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
 
    (30 ILCS 805/8.45 new)
    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/9/2021