SB1553 95TH GENERAL ASSEMBLY

LRB095 10888 AMC 31169 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1553

Introduced 2/9/2007, by Sen. Michael W. Frerichs

SYNOPSIS AS INTRODUCED:

40 ILCS 5/4-112	from Ch. 108 1/2, par. 4-112
30 ILCS 805/8.31 new

Amends the Downstate Firefighters Article of the Illinois Pension Code. Provides that the 3 physicians' opinions required for a determination of disability need not agree as to the existence of any disability or the nature and extent of a disability. Provides that no physical or mental disability that constitutes the basis of an application for benefits may be used by any municipality or fire protection district employing firefighters, emergency medical technicians, or paramedics as cause for discharge. Provides that the Board of Trustees' finding that a particular applicant is not or is no longer disabled shall constitute a conclusive presumption binding on the employing unit that the firefighter, emergency medical technician, or paramedic is able to perform his or her job and the employing entity may not use any conflicting medical opinion to provide the basis of denying return to employment by the firefighter, emergency medical technician, or paramedic. Requires the firefighter to report to the marshall or chief of the fire department, who shall order reinstatement into active service at the same rank or grade held on the date the firefighter had occupied before applying for disability pension. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public employee benefits.

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

Section 5. The Illinois Pension Code is amended by changing Section 4-112 as follows:

(40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)

Sec. 4-112. Determination of disability; restoration - Restoration to active service; disability cannot constitute cause for discharge. A disability pension shall not be paid until disability has been established by the board by examinations of the firefighter at pension fund expense by 3 physicians selected by the board and such other evidence as the board deems necessary. The 3 physicians selected by the board need not agree as to the existence of any disability or the nature and extent of a disability. Medical examination of a firefighter receiving a disability pension shall be made at least once each year prior to attainment of age 50 in order to verify continuance of disability. No examination shall be required after age 50. No physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under this Article may be used, in whole or in part, by any municipality or fire protection district employing firefighters, emergency medical technicians, or paramedics as cause for discharge.

If the board determines that an applicant for a disability pension is not disabled or upon Upon satisfactory proof to the board that a firefighter on the disability pension has recovered from the disability, the board shall deny or terminate the disability pension. The board's finding that a particular applicant is not or is no longer disabled shall constitute a conclusive presumption binding on the employing unit that the firefighter, emergency medical technician, or paramedic is able to perform his or her job. The employing entity may not use any conflicting medical opinion to provide the basis of denying return to employment by the firefighter, emergency medical technician, or paramedic. The firefighter shall report to the marshall or chief of the fire department, who shall order reinstatement into active service at the same rank or grade held on the date the firefighter had occupied before applying for disability pension. The firefighter shall report to the marshal or chief of the fire department, who shall thereupon order reinstatement into active service, in the same rank or grade held at the date he or she was placed on disability pension.

The firefighter shall be entitled to 10 days notice before any hearing or meeting of the board at which the question of his or her disability is to be considered, and shall have the right to be present at any such hearing or meeting, and to be represented by counsel; however, the board shall not have any obligation to provide such fireman with counsel.

(Source: P.A. 83-1528.)

Section 90. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

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