100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0630

 

Introduced 1/25/2017, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/4-110  from Ch. 108 1/2, par. 4-110
30 ILCS 805/8.41 new

    Amends the Downstate Firefighter Article of the Illinois Pension Code in a Section concerning disability arising in the line of duty. Provides that a firefighter shall be considered "on duty" and engaged in an "act of duty" while on any assignment approved by the chief of the fire department, including participation in training activities designed to enhance the skills and abilities of the firefighter, whether within or away from the municipality he or she serves as a firefighter, if the assignment is related to the fire protection service of the municipality. Provides that such activity shall continue to be considered an "act of duty" even if performed without compensation. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB100 06101 RPS 16133 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB0630LRB100 06101 RPS 16133 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 changing
5Section 4-110 as follows:
 
6    (40 ILCS 5/4-110)  (from Ch. 108 1/2, par. 4-110)
7    Sec. 4-110. Disability pension - Line of duty. If a
8firefighter, as the result of sickness, accident or injury
9incurred in or resulting from the performance of an act of duty
10or from the cumulative effects of acts of duty, is found,
11pursuant to Section 4-112, to be physically or mentally
12permanently disabled for service in the fire department, so as
13to render necessary his or her being placed on disability
14pension, the firefighter shall be entitled to a disability
15pension equal to the greater of (1) 65% of the monthly salary
16attached to the rank held by him or her in the fire department
17at the date he or she is removed from the municipality's fire
18department payroll or (2) the retirement pension that the
19firefighter would be eligible to receive if he or she retired
20(but not including any automatic annual increase in that
21retirement pension). A firefighter shall be considered "on
22duty" and engaged in an "act of duty" while on any assignment
23approved by the chief of the fire department, including

 

 

SB0630- 2 -LRB100 06101 RPS 16133 b

1participation in training activities designed to enhance the
2skills and abilities of the firefighter, whether within or even
3though away from the municipality he or she serves as a
4firefighter, if the assignment is related to the fire
5protection service of the municipality. Such activity shall
6continue to be considered an "act of duty" even if performed
7without compensation.
8    Such firefighter shall also be entitled to a child's
9disability benefit of $20 a month on account of each unmarried
10child less than 18 years of age and dependent upon the
11firefighter for support, either the issue of the firefighter or
12legally adopted by him or her. The total amount of child's
13disability benefit payable to the firefighter, when added to
14his or her disability pension, shall not exceed 75% of the
15amount of salary which the firefighter was receiving at the
16date of retirement.
17    Benefits payable on account of a child under this Section
18shall not be reduced or terminated by reason of the child's
19attainment of age 18 if he or she is then dependent by reason
20of a physical or mental disability but shall continue to be
21paid as long as such dependency continues. Individuals over the
22age of 18 and adjudged to be disabled persons pursuant to
23Article XIa of the Probate Act of 1975, except for persons
24receiving benefits under Article III of the Illinois Public Aid
25Code, shall be eligible to receive benefits under this Act.
26    If a firefighter dies while still disabled and receiving a

 

 

SB0630- 3 -LRB100 06101 RPS 16133 b

1disability pension under this Section, the disability pension
2shall continue to be paid to the firefighter's survivors in the
3sequence provided in Section 4-114. A pension previously
4granted under Section 4-114 to a survivor of a firefighter who
5died while receiving a disability pension under this Section
6shall be deemed to be a continuation of the pension provided
7under this Section and shall be deemed to be in the nature of
8worker's compensation payments. The changes to this Section
9made by this amendatory Act of 1995 are intended to be
10retroactive and are not limited to persons in service on or
11after its effective date.
12(Source: P.A. 93-1090, eff. 3-11-05.)
 
13    Section 90. The State Mandates Act is amended by adding
14Section 8.41 as follows:
 
15    (30 ILCS 805/8.41 new)
16    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
17of this Act, no reimbursement by the State is required for the
18implementation of any mandate created by this amendatory Act of
19the 100th General Assembly.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.