[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
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
Sections3-114.1, or3-114.2, 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. -2- LRB9003033EGfg 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. -3- LRB9003033EGfg 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, and3-114.2, 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 -4- LRB9003033EGfg 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.
[ Top ]