Illinois General Assembly - Full Text of HB2622
Illinois General Assembly

Previous General Assemblies

Full Text of HB2622  93rd General Assembly

HB2622 93rd General Assembly


093_HB2622

 
                                     LRB093 03400 LRD 03418 b

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 4-110.1 as follows:

 6        (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
 7        Sec. 4-110.1. Occupational disease disability pension.
 8        (a)  The  General Assembly finds that service in the fire
 9    department requires  firefighters  in  times  of  stress  and
10    danger  to  perform  unusual  tasks;  that  firefighters  are
11    subject  to  exposure  to  extreme  heat  or  extreme cold in
12    certain seasons while performing their duties; that they  are
13    required  to  work  in  the midst of and are subject to heavy
14    smoke fumes, and carcinogenic, poisonous, toxic  or  chemical
15    gases  from  fires; and that these conditions exist and arise
16    out of or in the course of employment.
17        (b)  An active  firefighter  with  5  or  more  years  of
18    creditable  service  who is found, pursuant to Section 4-112,
19    unable to perform his or her duties in the fire department by
20    reason of heart disease, stroke, tuberculosis, or any disease
21    of the lungs or respiratory tract, resulting from service  as
22    a   firefighter,  is  entitled  to  an  occupational  disease
23    disability pension during any period of such  disability  for
24    which he or she has no right to receive salary.
25        Any  active firefighter who has completed 5 or more years
26    of service and is unable to perform his or her duties in  the
27    fire  department  by  reason  of  a  disabling  cancer, which
28    develops or  manifests  itself  during  a  period  while  the
29    firefighter  is  in the service of the fire department, shall
30    be entitled to receive  an  occupational  disease  disability
31    benefit  during any period of such disability for which he or
 
                            -2-      LRB093 03400 LRD 03418 b
 1    she does not have a right to receive  salary.   In  order  to
 2    receive this occupational disease disability benefit, (i) the
 3    type of cancer involved must be a type which may be caused by
 4    exposure  to heat, radiation or a known carcinogen as defined
 5    by the International Agency for Research on Cancer  and  (ii)
 6    the  cancer  must  (and is rebuttably presumed to) arise as a
 7    result of service as a firefighter.
 8        (c)  A firefighter who retires from service as an  active
 9    firefighter  may  elect  to  receive, in lieu of any  pension
10    payable  under  Section  4-109,   an   occupational   disease
11    disability  pension in the same manner as a firefighter under
12    subsection (b) if he or she contracts heart disease,  stroke,
13    tuberculosis,   or  any  disease  of  the  respiratory  tract
14    resulting from service as a firefighter  within  5  years  of
15    retirement  if  that  heart disease, stroke, tuberculosis, or
16    other disease of the respiratory tract would  render  him  or
17    her  unable to perform duties as an active firefighter in the
18    fire department.
19        A firefighter who  retires  from  service  as  an  active
20    firefighter  may  elect  to  receive,  in lieu of any pension
21    payable  under  Section  4-109,   an   occupational   disease
22    disability  pension in the same manner as a firefighter under
23    subsection (b) if he or she contracts a disabling cancer that
24    develops or manifests itself within 5 years of retirement  if
25    that  cancer would render him or her unable to perform duties
26    as an active firefighter in the fire department.
27        (d)  A firefighter who enters the  service  after  August
28    27,  1971  shall  be  examined  by  one  or  more  practicing
29    physicians   appointed  by  the  board.  If  the  examination
30    discloses impairment  of  the  heart,  lungs  or  respiratory
31    tract,  or the existence of any cancer, the firefighter shall
32    not  be  entitled  to  the  occupational  disease  disability
33    pension unless and until a subsequent examination reveals  no
34    such impairment or cancer.
 
                            -3-      LRB093 03400 LRD 03418 b
 1        (e)  The occupational disease disability pension shall be
 2    equal to the greater of (1) 65% of the salary attached to the
 3    rank  held by the firefighter in the fire service at the time
 4    of his or her removal from the municipality's fire department
 5    payroll or (2) the retirement pension  that  the  firefighter
 6    would  be  eligible  to receive if he or she retired (but not
 7    including any automatic annual increase  in  that  retirement
 8    pension).
 9        (f)  The  firefighter  is  also  entitled  to  a  child's
10    disability benefit of $20 a month for each natural or legally
11    adopted  unmarried  child less than age 18 dependent upon the
12    firefighter  for  support.   The  total  child's   disability
13    benefit  when  added  to  the occupational disease disability
14    pension shall not exceed 75% of the firefighter's  salary  at
15    the  time  of  the  grant  of occupational disease disability
16    pension.
17        (g)  The  occupational  disease  disability  pension   is
18    payable   to   the  firefighter  during  the  period  of  the
19    disability.  If the disability ceases before the death of the
20    firefighter,  the  disability  pension  payable  under   this
21    Section shall also cease and the firefighter thereafter shall
22    receive  such  pension benefits as are provided in accordance
23    with other provisions of this Article.
24        (h)  If a  firefighter  dies  while  still  disabled  and
25    receiving  a  disability  pension  under  this  Section,  the
26    disability   pension   shall  continue  to  be  paid  to  the
27    firefighter's survivors but shall, from the  date  of  death,
28    become  subject to the requirements, including limitations on
29    amount, that are provided for  pensions  to  survivors  under
30    Section  4-114.   A  pension previously granted under Section
31    4-114 to a survivor of a firefighter who died while receiving
32    a disability pension under this Section shall be deemed to be
33    a continuation of the pension provided under this Section and
34    shall be deemed to be in the nature of worker's  occupational
 
                            -4-      LRB093 03400 LRD 03418 b
 1    disease  compensation  payments.  The changes to this Section
 2    made by this amendatory  Act  of  1995  are  intended  to  be
 3    retroactive  and  are not limited to persons in service on or
 4    after its effective date.
 5        (i)  The child's disability benefit  shall  terminate  if
 6    the  disability ceases while the firefighter is alive or when
 7    the child or children attain age 18 or marry, whichever event
 8    occurs first, except that benefits payable on  account  of  a
 9    child  under  this Section shall not be reduced or terminated
10    by reason of the child's attainment of age 18 if he or she is
11    then dependent by reason of a physical or  mental  disability
12    but  shall  continue  to  be  paid as long as such dependency
13    continues.  Individuals over the age of 18 and adjudged as  a
14    disabled person pursuant to Article XIa of the Probate Act of
15    1975, except for persons receiving benefits under Article III
16    of the Illinois Public Aid Code, shall be eligible to receive
17    benefits under this Act.
18    (Source: P.A. 91-466, eff. 8-6-99.)

19        Section  90.  The State Mandates Act is amended by adding
20    Section 8.27 as follows:

21        (30 ILCS 805/8.27 new)
22        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
23    and  8 of this Act, no reimbursement by the State is required
24    for  the  implementation  of  any  mandate  created  by  this
25    amendatory Act of the 93rd General Assembly.

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.