Illinois General Assembly - Full Text of HB1439
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Full Text of HB1439  102nd General Assembly



State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Emanuel Chris Welch


40 ILCS 5/4-110  from Ch. 108 1/2, par. 4-110

    Amends the Downstate Firefighter Article of the Illinois Pension Code. Makes a technical change in a Section concerning a disability pension.

LRB102 03455 RPS 13468 b






HB1439LRB102 03455 RPS 13468 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by
5changing Section 4-110 as follows:
6    (40 ILCS 5/4-110)  (from Ch. 108 1/2, par. 4-110)
7    Sec. 4-110. Disability pension - Line of duty. If a
8firefighter, as the the result of sickness, accident or injury
9incurred in or resulting from the performance of an act of duty
10or from the cumulative effects of acts of duty, is found,
11pursuant to Section 4-112, to be physically or mentally
12permanently disabled for service in the fire department, so as
13to render necessary his or her being placed on disability
14pension, the firefighter shall be entitled to a disability
15pension equal to the greater of (1) 65% of the monthly salary
16attached to the rank held by him or her in the fire department
17at the date he or she is removed from the municipality's fire
18department payroll or (2) the retirement pension that the
19firefighter would be eligible to receive if he or she retired
20(but not including any automatic annual increase in that
21retirement pension). A firefighter shall be considered "on
22duty" while on any assignment approved by the chief of the fire
23department, even though away from the municipality he or she



HB1439- 2 -LRB102 03455 RPS 13468 b

1serves as a firefighter, if the assignment is related to the
2fire protection service of the municipality.
3    Such firefighter shall also be entitled to a child's
4disability benefit of $20 a month on account of each unmarried
5child less than 18 years of age and dependent upon the
6firefighter for support, either the issue of the firefighter
7or legally adopted by him or her. The total amount of child's
8disability benefit payable to the firefighter, when added to
9his or her disability pension, shall not exceed 75% of the
10amount of salary which the firefighter was receiving at the
11date of retirement.
12    Benefits payable on account of a child under this Section
13shall not be reduced or terminated by reason of the child's
14attainment of age 18 if he or she is then dependent by reason
15of a physical or mental disability but shall continue to be
16paid as long as such dependency continues. Individuals over
17the age of 18 and adjudged to be disabled persons pursuant to
18Article XIa of the Probate Act of 1975, except for persons
19receiving benefits under Article III of the Illinois Public
20Aid Code, shall be eligible to receive benefits under this
22    If a firefighter dies while still disabled and receiving a
23disability pension under this Section, the disability pension
24shall continue to be paid to the firefighter's survivors in
25the sequence provided in Section 4-114. A pension previously
26granted under Section 4-114 to a survivor of a firefighter who



HB1439- 3 -LRB102 03455 RPS 13468 b

1died while receiving a disability pension under this Section
2shall be deemed to be a continuation of the pension provided
3under this Section and shall be deemed to be in the nature of
4worker's compensation payments. The changes to this Section
5made by this amendatory Act of 1995 are intended to be
6retroactive and are not limited to persons in service on or
7after its effective date.
8(Source: P.A. 93-1090, eff. 3-11-05.)