(40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
Sec. 4-110.1. Occupational disease disability pension.
The General Assembly finds that service in the fire department requires
firefighters in times of stress and danger to perform unusual tasks; that
firefighters are subject to exposure to extreme heat or extreme cold in certain
seasons while performing their duties; that they 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 these conditions exist and
arise out of or in the course of employment.
An active firefighter with 5 or more years of creditable service who is
found, pursuant to Section 4-112, unable to perform his or her duties in the
fire department by reason of heart disease, stroke, tuberculosis, or
any disease of the lungs or respiratory tract, resulting from service as a
firefighter, is entitled to an occupational disease disability pension during
any period of such disability for which he or she has no right to receive
salary.
Any active firefighter who has completed 5 or more years
of service and is unable to perform his or her duties in the fire department
by reason of a disabling cancer, which develops or manifests itself during
a period while the firefighter is in the service of the fire department,
shall be entitled to receive an occupational disease disability benefit
during any period of such disability for which he or she does not have a
right to receive salary. In order to receive this occupational disease
disability benefit, (i) 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 and (ii) the cancer
must (and is rebuttably presumed to) arise as a result of service as a
firefighter.
A firefighter who enters the service after August 27, 1971 shall be
examined by one or more practicing physicians appointed by the board. If
the examination discloses impairment of the heart, lungs or respiratory
tract, or the existence of any cancer, the firefighter shall not be
entitled to the occupational disease disability pension unless and until a
subsequent examination reveals no such impairment or cancer.
The occupational disease disability pension shall be equal to the greater
of (1) 65% of the
salary attached to the rank held by the firefighter in the fire service at the
time of his or her removal from the municipality's fire department payroll or
(2) the retirement pension that the firefighter would be eligible to receive
if he or she retired (but not including any automatic annual increase in that
retirement pension).
The firefighter is also entitled to a child's disability benefit of $20 a
month for each natural or legally adopted unmarried child less than age 18
dependent upon the firefighter for support. The total child's disability
benefit when added to the occupational disease disability pension shall not
exceed 75% of the firefighter's salary at the time of the grant of occupational
disease disability pension.
The occupational disease disability pension is payable to the firefighter
during the period of the disability. If the disability ceases before the
death of the firefighter, the disability pension payable under this Section
shall also cease and the firefighter thereafter shall receive such pension
benefits as are provided in accordance with other provisions of this Article.
If a firefighter dies while still disabled and receiving a disability
pension under this Section, the disability pension shall continue to be paid to
the firefighter's survivors in the sequence provided in Section 4-114. A pension previously granted under
Section 4-114 to a survivor of a firefighter who died while receiving a
disability pension under this Section shall be deemed to be a continuation of
the pension provided under this Section and shall be deemed to be in the nature
of worker's occupational disease compensation payments. The changes to this
Section made by this amendatory Act of 1995 are intended to be retroactive and
are not limited to persons in service on or after its effective date.
The child's disability benefit shall terminate if the disability ceases
while the firefighter is alive or when the child or children attain
age 18 or marry, whichever event occurs first, except that benefits
payable on account of a child under this Section shall not be
reduced or terminated by reason of the child's attainment of age 18 if he
or she is then dependent by reason of a physical or mental disability
but shall continue to be paid as long as such dependency continues.
Individuals over the age of 18 and adjudged as a disabled person pursuant
to Article XIa of the Probate Act of 1975, except for persons receiving
benefits under Article III of the Illinois Public Aid Code, shall be
eligible to receive benefits under this Act.
(Source: P.A. 93-1090, eff. 3-11-05.)
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