PEN CD-ART 6-DISABLED FIREMAN Senate SponsorsSen. Kwame Raoul and Martin A. Sandoval House Sponsors(Rep. Joseph M. Lyons-John D'Amico-Michael P. McAuliffe-Kevin Joyce-James D. Brosnahan, Michael J. Zalewski, Daniel J. Burke and Donald L. Moffitt) 8/25/2009SenatePublic Act . . . . . . . . . 96-0727 40 ILCS 5/6-153from Ch. 108 1/2, par. 6-15340 ILCS 5/6-154from Ch. 108 1/2, par. 6-15440 ILCS 5/6-159from Ch. 108 1/2, par. 6-15940 ILCS 5/6-227 new30 ILCS 805/8.33 newAmends the Chicago Firefighters Article of the Illinois Pension Code. Requires that a disabled fireman who is receiving a duty, occupational disease, or ordinary disability benefit be examined on a periodic basis as determined by the Board, but at least once a year (was, at least once a year). Provides that if a fireman refuses to submit to such medical, surgical, or hospital treatment as is reasonably essential to promote his recovery from disability, he shall have no further right to receive the benefit. Provides a window during which a fireman who re-entered service and failed to repay his refund within the required 2-year period may repay the refund. Provides that a fireman who has failed to repay any refund due to the Fund after re-entering service shall be treated as a new employee and shall only receive service credit from the date that he has re-entered service as a new employee. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the fireman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may join in any action brought by the disabled fireman or his personal representative. Amends the State Mandates Act to require implementation without reimbursement.Senate Committee Amendment No. 1 In provisions concerning proof of duty, occupational disease, or ordinary disability, removes language requiring that the disabled fireman be examined at least once a year. In provisions concerning repayment of a refund due to reentry into service, provides that the applicable interest rate is the actuarially assumed rate (rather than at the rate of 4% per annum).Senate Floor Amendment No. 2 Makes grammatical corrections.House Committee Amendment No. 1 Deletes reference to:40 ILCS 5/6-154from Ch. 108 1/2, par. 6-154Adds reference to:40 ILCS 5/4-108.6 new40 ILCS 5/5-234from Ch. 108 1/2, par. 5-23440 ILCS 5/6-210.1from Ch. 108 1/2, par. 6-210.140 ILCS 5/6-210.240 ILCS 5/6-228 new40 ILCS 5/8-172.140 ILCS 5/9-121.18 newReplaces everything after the enacting clause. Amends the Downstate Firefighters and Chicago Firefighters Articles of the Illinois Pension Code. Allows an active fireman who is a member of the Firemen's Annuity and Benefit Fund of Chicago to transfer up to a total of 10 years of service credit in 6-month increments for service for covered employment under the Downstate Firefighters Article. Requires payment within 5 years after the date of application of an amount equal to the difference between the amount of employee and employer contributions transferred to the Fund and the amounts determined by the Fund. Provides guidelines to the Fund in determining the amount. Amends the Chicago Firefighters Article of the Illinois Pension Code. Requires that a disabled fireman who is receiving a duty, occupational disease, or ordinary disability benefit be examined at least once a year or such longer period as determined by the Board (was, at least once a year). Provides a window during which a fireman who re-entered service and failed to repay his refund within the required 2-year period may repay the refund (with interest at the actuarially assumed rate). Provides that a fireman who has failed to repay any refund due to the Fund after re-entering service shall be treated as a new employee and shall only receive service credit from the date that he has re-entered service as a new employee. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the fireman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may intervene in any action brought by the disabled fireman or his personal representative. Allows a fireman who was employed by the Chicago Fire Department and either (i) did not participate in a pension fund under the Code or (ii) participated in the pension fund established under the Chicago Municipal Article, terminated that service, and received a refund to establish the service under the Chicago Firefighter Article. Amends the Chicago Police and Cook County Articles of the Illinois Pension Code. Allows a police officer who has at least 10 years of creditable service in the Chicago Police Article fund to transfer to that fund up to 48 months of creditable service accumulated under the Cook County Article as a correctional officer with the county department of corrections prior to January 1, 1994. Changes the contributions required to establish the service and changes the interest rates to interest at the actuarially assumed rate. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. 2/19/2009SenateFiled with Secretary by Sen. Kwame Raoul 2/19/2009SenateFirst Reading 2/19/2009SenateReferred to Assignments 3/4/2009SenateAssigned to Pensions and Investments 3/10/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul 3/10/2009SenateSenate Committee Amendment No. 1 Referred to Assignments 3/10/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Pensions and Investments 3/12/2009SenateSenate Committee Amendment No. 1 Adopted 3/12/2009SenateDo Pass as Amended Pensions and Investments; 006-000-000 3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009 3/24/2009SenateSecond Reading 3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009 3/25/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul 3/25/2009SenateSenate Floor Amendment No. 2 Referred to Assignments 3/30/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Pensions and Investments 3/31/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Pensions and Investments; 009-000-000 4/1/2009SenateRecalled to Second Reading 4/1/2009SenateSenate Floor Amendment No. 2 Adopted; Raoul 4/1/2009SenatePlaced on Calendar Order of 3rd Reading 4/1/2009SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 4/1/2009SenateThird Reading - Passed; 055-000-000 4/1/2009HouseArrived in House 4/1/2009HousePlaced on Calendar Order of First Reading 4/1/2009HouseChief House Sponsor Rep. Joseph M. Lyons 4/1/2009HouseFirst Reading 4/1/2009HouseReferred to Rules Committee 4/14/2009HouseAssigned to Personnel and Pensions Committee 5/7/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Personnel and Pensions Committee 5/7/2009HouseHouse Committee Amendment No. 1 Adopted in Personnel and Pensions Committee; by Voice Vote 5/7/2009HouseDo Pass as Amended / Short Debate Personnel and Pensions Committee; 009-000-000 5/7/2009HousePlaced on Calendar 2nd Reading - Short Debate 5/12/2009HouseSecond Reading - Short Debate 5/12/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/14/2009HouseAdded Alternate Chief Co-Sponsor Rep. John D'Amico 5/14/2009HouseAdded Alternate Chief Co-Sponsor Rep. Michael P. McAuliffe 5/14/2009HouseAdded Alternate Chief Co-Sponsor Rep. Kevin Joyce 5/14/2009HouseAdded Alternate Chief Co-Sponsor Rep. James D. Brosnahan 5/14/2009HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski 5/14/2009HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke 5/14/2009HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt 5/14/2009HouseThird Reading - Short Debate - Passed 104-001-000 5/15/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1 5/15/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 17, 2009 5/19/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul 5/19/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/22/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Pensions and Investments 5/26/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Pensions and Investments; 006-000-000 5/29/2009SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000 5/29/2009SenatePassed Both Houses 6/26/2009SenateSent to the Governor 8/25/2009SenateGovernor Approved 8/25/2009SenateEffective Date August 25, 2009 8/25/2009SenatePublic Act . . . . . . . . . 96-0727