Full Text of HB5104 103rd General Assembly
HB5104ham001 103RD GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/20/2024 | | 10300HB5104ham001 | | LRB103 38081 RPS 71265 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5104
| 2 | | AMENDMENT NO. ______. Amend House Bill 5104 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 5-144, 5-153, 5-154, 6-140, 6-150, and 6-151 | 6 | | as follows: | 7 | | (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144) | 8 | | Sec. 5-144. Death from injury in the performance of acts | 9 | | of duty; compensation annuity and supplemental annuity. | 10 | | (a) Beginning January 1, 1986, and without regard to | 11 | | whether or not the annuity in question began before that date, | 12 | | if the annuity for the widow of a policeman whose death, on or | 13 | | after January 1, 1940, results from injury incurred in the | 14 | | performance of an act or acts of duty, is not equal to the sum | 15 | | hereinafter stated, "compensation annuity" equal to the | 16 | | difference between the annuity and an amount equal to 75% of |
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| 1 | | the policeman's salary attached to the position he held by | 2 | | certification and appointment as a result of competitive civil | 3 | | service examination that would ordinarily have been paid to | 4 | | him as though he were in active discharge of his duties shall | 5 | | be payable to the widow until the policeman, had he lived, | 6 | | would have attained age 63. The total amount of the widow's | 7 | | annuity and children's awards payable to the family of such | 8 | | policeman shall not exceed the amounts stated in Section | 9 | | 5-152. | 10 | | For the purposes of this Section only, the death of any | 11 | | policeman as a result of the exposure to and contraction of | 12 | | COVID-19, as evidenced by either (i) a confirmed positive | 13 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 14 | | confirmed diagnosis of COVID-19 from a licensed medical | 15 | | professional, shall be rebuttably presumed to have been | 16 | | contracted while in the performance of an act or acts of duty | 17 | | and the policeman shall be rebuttably presumed to have been | 18 | | fatally injured while in active service. The presumption shall | 19 | | apply to any policeman who was exposed to and contracted | 20 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 21 | | 2022 June 30, 2021 (including the period between December 31, | 22 | | 2020 and the effective date of this amendatory Act of the 101st | 23 | | General Assembly); except that the presumption shall not apply | 24 | | if the policeman was on a leave of absence from his or her | 25 | | employment or otherwise not required to report for duty for a | 26 | | period of 14 or more consecutive days immediately prior to the |
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| 1 | | date of contraction of COVID-19. For the purposes of | 2 | | determining when a policeman contracted COVID-19 under this | 3 | | paragraph, the date of contraction is either the date that the | 4 | | policeman was diagnosed with COVID-19 or was unable to work | 5 | | due to symptoms that were later diagnosed as COVID-19, | 6 | | whichever occurred first. | 7 | | The provisions of this Section, as amended by Public Act | 8 | | 84-1104, including the reference to the date upon which the | 9 | | deceased policeman would have attained age 63, shall apply to | 10 | | all widows of policemen whose death occurs on or after January | 11 | | 1, 1940 due to injury incurred in the performance of an act of | 12 | | duty, regardless of whether such death occurred prior to | 13 | | September 17, 1969. For those widows of policemen that died | 14 | | prior to September 17, 1969, who became eligible for | 15 | | compensation annuity by the action of Public Act 84-1104, such | 16 | | compensation annuity shall begin and be calculated from | 17 | | January 1, 1986. The provisions of this amendatory Act of 1987 | 18 | | are intended to restate and clarify the intent of Public Act | 19 | | 84-1104, and do not make any substantive change. | 20 | | (b) Upon termination of the compensation annuity, | 21 | | "supplemental annuity" shall become payable to the widow, | 22 | | equal to the difference between the annuity for the widow and | 23 | | an amount equal to 75% of the annual salary (including all | 24 | | salary increases and longevity raises) that the policeman | 25 | | would have been receiving when he attained age 63 if the | 26 | | policeman had continued in service at the same rank (whether |
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| 1 | | career service or exempt) that he last held in the police | 2 | | department. The increase in supplemental annuity resulting | 3 | | from this amendatory Act of the 92nd General Assembly applies | 4 | | without regard to whether the deceased policeman was in | 5 | | service on or after the effective date of this amendatory Act | 6 | | and is payable from July 1, 2002 or the date upon which the | 7 | | supplemental annuity begins, whichever is later. | 8 | | (c) Neither compensation nor supplemental annuity shall be | 9 | | paid unless the death of the policeman was a direct result of | 10 | | the injury, or the injury was of such character as to prevent | 11 | | him from subsequently resuming service as a policeman; nor | 12 | | shall compensation or supplemental annuity be paid unless the | 13 | | widow was the wife of the policeman when the injury occurred. | 14 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 15 | | (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153) | 16 | | Sec. 5-153. Death benefit. | 17 | | (a) Effective January 1, 1962, an ordinary death benefit | 18 | | is payable on account of any policeman in service and in | 19 | | receipt of salary on or after such date, which benefit is in | 20 | | addition to all other annuities and benefits herein provided. | 21 | | This benefit is payable upon death of a policeman: | 22 | | (1) occurring in active service while in receipt of | 23 | | salary; | 24 | | (2) on an authorized and approved leave of absence, | 25 | | without salary, beginning on or after January 1, 1962, if |
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| 1 | | the death occurs within 60 days from the date the employee | 2 | | was in receipt of salary; or otherwise in the service and | 3 | | not separated by resignation or discharge beginning | 4 | | January 1, 1962 if death occurs before his resignation or | 5 | | discharge from the service; | 6 | | (3) receiving duty disability or ordinary disability | 7 | | benefit; | 8 | | (4) occurring within 60 days from the date of | 9 | | termination of duty disability or ordinary disability | 10 | | benefit payments if re-entry into service had not | 11 | | occurred; or | 12 | | (5) occurring on retirement and while in receipt of an | 13 | | age and service annuity, Tier 2 monthly retirement | 14 | | annuity, or prior service annuity; provided (a) retirement | 15 | | on such annuity occurred on or after January 1, 1962, and | 16 | | (b) such separation from service was effective on or after | 17 | | the policeman's attainment of age 50, and (c) application | 18 | | for such annuity was made within 60 days after separation | 19 | | from service. | 20 | | (b) The ordinary death benefit is payable to such | 21 | | beneficiary or beneficiaries as the policeman has nominated by | 22 | | written direction duly signed and acknowledged before an | 23 | | officer authorized to take acknowledgments, and filed with the | 24 | | board. If no such written direction has been filed or if the | 25 | | designated beneficiaries do not survive the policeman, payment | 26 | | of the benefit shall be made to his estate. |
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| 1 | | (c) Until December 31, 1977, if death occurs prior to | 2 | | retirement on annuity and before the policeman's attainment of | 3 | | age 50, the amount of the benefit payable is $6,000. If death | 4 | | occurs prior to retirement, at age 50 or over, the benefit of | 5 | | $6,000 shall be reduced $400 for each year (commencing on the | 6 | | policeman's attainment of age 50, and thereafter on each | 7 | | succeeding birthdate) that the policeman's age, at date of | 8 | | death, is more than age 50, but in no event below the amount of | 9 | | $2,000. However, if death results from injury incurred in the | 10 | | performance of an act or acts of duty, prior to retirement on | 11 | | annuity, the amount of the benefit payable is $6,000 | 12 | | notwithstanding the age attained. | 13 | | Until December 31, 1977, if the policeman's death occurs | 14 | | while he is in receipt of an annuity, the benefit is $2,000 if | 15 | | retirement was effective upon attainment of age 55 or greater. | 16 | | If the policeman retired at age 50 or over and before age 55, | 17 | | the benefit of $2,000 shall be reduced $100 for each year or | 18 | | fraction of a year that the policeman's age at retirement was | 19 | | less than age 55 to a minimum payment of $1,500. | 20 | | After December 31, 1977, and on or before January 1, 1986, | 21 | | if death occurs prior to retirement on annuity and before the | 22 | | policeman's attainment of age 50, the amount of the benefit | 23 | | payable is $7,000. If death occurs prior to retirement, at age | 24 | | 50 or over, the benefit of $7,000 shall be reduced $400 for | 25 | | each year (commencing on the policeman's attainment of age 50, | 26 | | and thereafter on each succeeding birthdate) that the |
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| 1 | | policeman's age, at date of death, is more than age 50, but in | 2 | | no event below the amount of $3,000. However, if death results | 3 | | from injury incurred in the performance of an act or acts of | 4 | | duty, prior to retirement on annuity, the amount of the | 5 | | benefit payable is $7,000 notwithstanding the age attained. | 6 | | After December 31, 1977, and on or before January 1, 1986, | 7 | | if the policeman's death occurs while he is in receipt of an | 8 | | annuity, the benefit is $2,250 if retirement was effective | 9 | | upon attainment of age 55 or greater. If the policeman retired | 10 | | at age 50 or over and before age 55, the benefit of $2,250 | 11 | | shall be reduced $100 for each year or fraction of a year that | 12 | | the policeman's age at retirement was less than age 55 to a | 13 | | minimum payment of $1,750. | 14 | | After January 1, 1986, if death occurs prior to retirement | 15 | | on annuity and before the policeman's attainment of age 50, | 16 | | the amount of benefit payable is $12,000. If death occurs | 17 | | prior to retirement, at age 50 or over, the benefit of $12,000 | 18 | | shall be reduced $400 for each year (commencing on the | 19 | | policeman's attainment of age 50, and thereafter on each | 20 | | succeeding birthdate) that the policeman's age, at date of | 21 | | death, is more than age 50, but in no event below the amount of | 22 | | $6,000. However, if death results from injury in the | 23 | | performance of an act or acts of duty, prior to retirement on | 24 | | annuity, the amount of benefit payable is $12,000 | 25 | | notwithstanding the age attained. | 26 | | After January 1, 1986, if the policeman's death occurs |
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| 1 | | while he is in receipt of an annuity, the benefit is $6,000. | 2 | | (d) For the purposes of this Section only, the death of any | 3 | | policeman as a result of the exposure to and contraction of | 4 | | COVID-19, as evidenced by either (i) a confirmed positive | 5 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 6 | | confirmed diagnosis of COVID-19 from a licensed medical | 7 | | professional, shall be rebuttably presumed to have been | 8 | | contracted while in the performance of an act or acts of duty | 9 | | and the policeman shall be rebuttably presumed to have been | 10 | | fatally injured while in active service. The presumption shall | 11 | | apply to any policeman who was exposed to and contracted | 12 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 13 | | 2022 June 30, 2021 (including the period between December 31, | 14 | | 2020 and the effective date of this amendatory Act of the 101st | 15 | | General Assembly); except that the presumption shall not apply | 16 | | if the policeman was on a leave of absence from his or her | 17 | | employment or otherwise not required to report for duty for a | 18 | | period of 14 or more consecutive days immediately prior to the | 19 | | date of contraction of COVID-19. For the purposes of | 20 | | determining when a policeman contracted COVID-19 under this | 21 | | subsection, the date of contraction is either the date that | 22 | | the policeman was diagnosed with COVID-19 or was unable to | 23 | | work due to symptoms that were later diagnosed as COVID-19, | 24 | | whichever occurred first. | 25 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) |
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| 1 | | (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154) | 2 | | Sec. 5-154. Duty disability benefit; child's disability | 3 | | benefit. | 4 | | (a) An active policeman who becomes disabled on or after | 5 | | the effective date as the result of injury incurred on or after | 6 | | such date in the performance of an act of duty, has a right to | 7 | | receive duty disability benefit during any period of such | 8 | | disability for which he does not have a right to receive | 9 | | salary, equal to 75% of his salary, as salary is defined in | 10 | | this Article, at the time the disability is allowed; or in the | 11 | | case of a policeman on duty disability who returns to active | 12 | | employment at any time for a period of at least 2 years and is | 13 | | again disabled from the same cause or causes, 75% of his | 14 | | salary, as salary is defined in this Article, at the time | 15 | | disability is allowed; provided, however, that: | 16 | | (i) If the disability resulted from any physical | 17 | | defect or mental disorder or any disease which existed at | 18 | | the time the injury was sustained, or if the disability is | 19 | | less than 50% of total disability for any service of a | 20 | | remunerative character, the duty disability benefit shall | 21 | | be 50% of salary as defined in this Article. | 22 | | (ii) Beginning January 1, 1996, no duty disability | 23 | | benefit that has been payable under this Section for at | 24 | | least 10 years shall be less than 50% of the current salary | 25 | | attached from time to time to the rank held by the | 26 | | policeman at the time of removal from the police |
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| 1 | | department payroll, regardless of whether that removal | 2 | | occurred before the effective date of this amendatory Act | 3 | | of 1995. Beginning on January 1, 2000, no duty disability | 4 | | benefit that has been payable under this Section for at | 5 | | least 7 years shall be less than 60% of the current salary | 6 | | attached from time to time to the rank held by the | 7 | | policeman at the time of removal from the police | 8 | | department payroll, regardless of whether that removal | 9 | | occurred before the effective date of this amendatory Act | 10 | | of the 92nd General Assembly. | 11 | | (iii) If the Board finds that the disability of the | 12 | | policeman is of such a nature as to permanently render him | 13 | | totally disabled for any service of a remunerative | 14 | | character, the duty disability benefit shall be 75% of the | 15 | | current salary attached from time to time to the rank held | 16 | | by the policeman at the time of removal from the police | 17 | | department payroll. In the case of a policeman receiving a | 18 | | duty disability benefit under this Section on the | 19 | | effective date of this amendatory Act of the 92nd General | 20 | | Assembly, the increase in benefit provided by this | 21 | | amendatory Act, if any, shall begin to accrue as of the | 22 | | date that the Board makes the required finding of | 23 | | permanent total disability, regardless of whether removal | 24 | | from the payroll occurred before the effective date of | 25 | | this amendatory Act. | 26 | | (b) The policeman shall also have a right to child's |
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| 1 | | disability benefit of $100 per month for each unmarried child, | 2 | | the issue of the policeman, less than age 18, but the total | 3 | | amount of child's disability benefit shall not exceed 25% of | 4 | | his salary as defined in this Article. The increase in child's | 5 | | disability benefit provided by this amendatory Act of the 92nd | 6 | | General Assembly applies beginning January 1, 2000 to all such | 7 | | benefits payable on or after that date, regardless of whether | 8 | | the disabled policeman is in active service on or after the | 9 | | effective date of this amendatory Act. | 10 | | (c) Duty disability benefit shall be payable until the | 11 | | policeman becomes age 63 or would have been retired by | 12 | | operation of law, whichever is later, and child's disability | 13 | | benefit shall be paid during any such period of disability | 14 | | until the child attains age 18. Thereafter the policeman shall | 15 | | receive the annuity provided in accordance with the other | 16 | | provisions of this Article. | 17 | | (d) A policeman who suffers a heart attack during the | 18 | | performance and discharge of his or her duties as a policeman | 19 | | shall be considered injured in the performance of an act of | 20 | | duty and shall be eligible for all benefits that the City | 21 | | provides for police officers injured in the performance of an | 22 | | act of duty. This subsection (d) is a restatement of existing | 23 | | law and applies without regard to whether the policeman is in | 24 | | service on or after the effective date of Public Act 89-12 or | 25 | | this amendatory Act of 1996. | 26 | | (e) For the purposes of this Section only, any policeman |
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| 1 | | who becomes disabled as a result of exposure to and | 2 | | contraction of COVID-19, as evidenced by either a confirmed | 3 | | positive laboratory test for COVID-19 or COVID-19 antibodies | 4 | | or a confirmed diagnosis of COVID-19 from a licensed medical | 5 | | professional, shall: | 6 | | (1) be rebuttably presumed to have contracted COVID-19 | 7 | | while in the performance of an act or acts of duty; | 8 | | (2) be rebuttably presumed to have been injured while | 9 | | in the performance of an act or acts of duty; and | 10 | | (3) be entitled to receive a duty disability benefit | 11 | | during any period of such disability for which the | 12 | | policeman does not have a right to receive salary, in an | 13 | | amount equal to 75% of the policeman's salary, as salary | 14 | | is defined in this Article, at the time the disability is | 15 | | allowed, in accordance with subsection (a). | 16 | | The presumption shall apply to any policeman who was | 17 | | exposed to and contracted COVID-19 on or after March 9, 2020 | 18 | | and on or before January 31, 2022 June 30, 2021 ; except that | 19 | | the presumption shall not apply if the policeman was on a leave | 20 | | of absence from his or her employment or otherwise not | 21 | | required to report for duty for a period of 14 or more | 22 | | consecutive days immediately prior to the date of contraction | 23 | | of COVID-19. For the purposes of determining when a policeman | 24 | | contracted COVID-19 under this paragraph, the date of | 25 | | contraction is either the date that the policeman was | 26 | | diagnosed with COVID-19 or was unable to work due to symptoms |
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| 1 | | that were later diagnosed as COVID-19, whichever occurred | 2 | | first. | 3 | | It is the intent of the General Assembly that the change | 4 | | made in this subsection (e) by this amendatory Act shall apply | 5 | | retroactively to March 9, 2020, and any policeman who has been | 6 | | previously denied a duty disability benefit that would | 7 | | otherwise be entitled to duty disability benefit under this | 8 | | subsection (e) shall be entitled to retroactive benefits and | 9 | | duty disability benefit. | 10 | | (Source: P.A. 103-2, eff. 5-10-23.) | 11 | | (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140) | 12 | | Sec. 6-140. Death in the line of duty. | 13 | | (a) The annuity for the widow of a fireman whose death | 14 | | results from the performance of an act or acts of duty shall be | 15 | | an amount equal to 50% of the current annual salary attached to | 16 | | the classified position to which the fireman was certified at | 17 | | the time of his death and 75% thereof after December 31, 1972. | 18 | | Unless the performance of an act or acts of duty results | 19 | | directly in the death of the fireman, or prevents him from | 20 | | subsequently resuming active service in the fire department, | 21 | | the annuity herein provided shall not be paid; nor shall such | 22 | | annuities be paid unless the widow was the wife of the fireman | 23 | | at the time of the act or acts of duty which resulted in his | 24 | | death. | 25 | | For the purposes of this Section only, the death of any |
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| 1 | | fireman as a result of the exposure to and contraction of | 2 | | COVID-19, as evidenced by either (i) a confirmed positive | 3 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 4 | | confirmed diagnosis of COVID-19 from a licensed medical | 5 | | professional, shall be rebuttably presumed to have been | 6 | | contracted while in the performance of an act or acts of duty | 7 | | and the fireman shall be rebuttably presumed to have been | 8 | | fatally injured while in active service. The presumption shall | 9 | | apply to any fireman who was exposed to and contracted | 10 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 11 | | 2022 June 30, 2021 (including the period between December 31, | 12 | | 2020 and the effective date of this amendatory Act of the 101st | 13 | | General Assembly); except that the presumption shall not apply | 14 | | if the fireman was on a leave of absence from his or her | 15 | | employment or otherwise not required to report for duty for a | 16 | | period of 14 or more consecutive days immediately prior to the | 17 | | date of contraction of COVID-19. For the purposes of | 18 | | determining when a fireman contracted COVID-19 under this | 19 | | paragraph, the date of contraction is either the date that the | 20 | | fireman was diagnosed with COVID-19 or was unable to work due | 21 | | to symptoms that were later diagnosed as COVID-19, whichever | 22 | | occurred first. | 23 | | (b) The changes made to this Section by this amendatory | 24 | | Act of the 92nd General Assembly apply without regard to | 25 | | whether the deceased fireman was in service on or after the | 26 | | effective date of this amendatory Act. In the case of a widow |
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| 1 | | receiving an annuity under this Section that has been reduced | 2 | | to 40% of current salary because the fireman, had he lived, | 3 | | would have attained the age prescribed for compulsory | 4 | | retirement, the annuity shall be restored to the amount | 5 | | provided in subsection (a), with the increase beginning to | 6 | | accrue on the later of January 1, 2001 or the day the annuity | 7 | | first became payable. | 8 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 9 | | (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150) | 10 | | Sec. 6-150. Death benefit. | 11 | | (a) Effective January 1, 1962, an ordinary death benefit | 12 | | shall be payable on account of any fireman in service and in | 13 | | receipt of salary on or after such date, which benefit shall be | 14 | | in addition to all other annuities and benefits herein | 15 | | provided. This benefit shall be payable upon death of a | 16 | | fireman: | 17 | | (1) occurring in active service while in receipt of | 18 | | salary; | 19 | | (2) on an authorized and approved leave of absence, | 20 | | without salary, beginning on or after January 1, 1962, if | 21 | | the death occurs within 60 days from the date the fireman | 22 | | was in receipt of salary; | 23 | | (3) receiving duty, occupational disease, or ordinary | 24 | | disability benefit; | 25 | | (4) occurring within 60 days from the date of |
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| 1 | | termination of duty disability, occupational disease | 2 | | disability or ordinary disability benefit payments if | 3 | | re-entry into service had not occurred; or | 4 | | (5) occurring on retirement and while in receipt of an | 5 | | age and service annuity, prior service annuity, Tier 2 | 6 | | monthly retirement annuity, or minimum annuity; provided | 7 | | (a) retirement on such annuity occurred on or after | 8 | | January 1, 1962, and (b) such separation from service was | 9 | | effective on or after the fireman's attainment of age 50, | 10 | | and (c) application for such annuity was made within 60 | 11 | | days after separation from service. | 12 | | (b) The ordinary death benefit shall be payable to such | 13 | | beneficiary or beneficiaries as the fireman has nominated by | 14 | | written direction duly signed and acknowledged before an | 15 | | officer authorized to take acknowledgments, and filed with the | 16 | | board. If no such written direction has been filed or if the | 17 | | designated beneficiaries do not survive the fireman, payment | 18 | | of the benefit shall be made to his estate. | 19 | | (c) Beginning July 1, 1983, if death occurs prior to | 20 | | retirement on annuity and before the fireman's attainment of | 21 | | age 50, the amount of the benefit payable shall be $12,000. | 22 | | Beginning July 1, 1983, if death occurs prior to retirement, | 23 | | at age 50 or over, the benefit of $12,000 shall be reduced $400 | 24 | | for each year (commencing on the fireman's attainment of age | 25 | | 50 and thereafter on each succeeding birth date) that the | 26 | | fireman's age, at date of death, is more than age 49, but in no |
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| 1 | | event below the amount of $6,000. | 2 | | Beginning July 1, 1983, if the fireman's death occurs | 3 | | while he is in receipt of an annuity, the benefit shall be | 4 | | $6,000. | 5 | | (d) For the purposes of this Section only, the death of any | 6 | | fireman as a result of the exposure to and contraction of | 7 | | COVID-19, as evidenced by either (i) a confirmed positive | 8 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 9 | | confirmed diagnosis of COVID-19 from a licensed medical | 10 | | professional, shall be rebuttably presumed to have been | 11 | | contracted while in the performance of an act or acts of duty | 12 | | and the fireman shall be rebuttably presumed to have been | 13 | | fatally injured while in active service. The presumption shall | 14 | | apply to any fireman who was exposed to and contracted | 15 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 16 | | 2022 June 30, 2021 (including the period between December 31, | 17 | | 2020 and the effective date of this amendatory Act of the 101st | 18 | | General Assembly); except that the presumption shall not apply | 19 | | if the fireman was on a leave of absence from his or her | 20 | | employment or otherwise not required to report for duty for a | 21 | | period of 14 or more consecutive days immediately prior to the | 22 | | date of contraction of COVID-19. For the purposes of | 23 | | determining when a fireman contracted COVID-19 under this | 24 | | subsection, the date of contraction is either the date that | 25 | | the fireman was diagnosed with COVID-19 or was unable to work | 26 | | due to symptoms that were later diagnosed as COVID-19, |
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| 1 | | whichever occurred first. | 2 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 3 | | (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151) | 4 | | Sec. 6-151. An active fireman who is or becomes disabled | 5 | | on or after the effective date as the result of a specific | 6 | | injury, or of cumulative injuries, or of specific sickness | 7 | | incurred in or resulting from an act or acts of duty, shall | 8 | | have the right to receive duty disability benefit during any | 9 | | period of such disability for which he does not receive or have | 10 | | a right to receive salary, equal to 75% of his salary at the | 11 | | time the disability is allowed. However, beginning January 1, | 12 | | 1994, no duty disability benefit that has been payable under | 13 | | this Section for at least 10 years shall be less than 50% of | 14 | | the current salary attached from time to time to the rank and | 15 | | grade held by the fireman at the time of his removal from the | 16 | | Department payroll, regardless of whether that removal | 17 | | occurred before the effective date of this amendatory Act of | 18 | | 1993. | 19 | | Whenever an active fireman is or becomes so injured or | 20 | | sick, as to require medical or hospital attention, the chief | 21 | | officer of the fire department of the city shall file, or cause | 22 | | to be filed, with the board a report of the nature and cause of | 23 | | his disability, together with the certificate or report of the | 24 | | physician attending or treating, or who attended or treated | 25 | | the fireman, and a copy of any hospital record concerning the |
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| 1 | | disability. Any injury or sickness not reported to the board | 2 | | in time to permit the board's physician to examine the fireman | 3 | | before his recovery, and any injury or sickness for which a | 4 | | physician's report or copy of the hospital record is not on | 5 | | file with the board shall not be considered for the payment of | 6 | | duty disability benefit. | 7 | | Such fireman shall also receive a child's disability | 8 | | benefit of $30 per month on account of each unmarried child, | 9 | | the issue of the fireman or legally adopted by him, who is less | 10 | | than 18 years of age or handicapped and dependent upon the | 11 | | fireman for support. The total amount of child's disability | 12 | | benefit shall not exceed 25% of his salary at the time the | 13 | | disability is allowed. | 14 | | The first payment of duty disability or child's disability | 15 | | benefit shall be made not later than one month after the | 16 | | benefit is granted. Each subsequent payment shall be made not | 17 | | later than one month after the date of the latest payment. | 18 | | Duty disability benefit shall be payable during the period | 19 | | of the disability until the fireman reaches the age of | 20 | | compulsory retirement. Child's disability benefit shall be | 21 | | paid to such a fireman during the period of disability until | 22 | | such child or children attain age 18 or marries, whichever | 23 | | event occurs first; except that attainment of age 18 by a child | 24 | | who is so physically or mentally handicapped as to be | 25 | | dependent upon the fireman for support, shall not render the | 26 | | child ineligible for child's disability benefit. The fireman |
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| 1 | | shall thereafter receive such annuity or annuities as are | 2 | | provided for him in accordance with other provisions of this | 3 | | Article. | 4 | | For the purposes of this Section only, any fireman who | 5 | | becomes disabled as a result of exposure to and contraction of | 6 | | COVID-19, as evidenced by either a confirmed positive | 7 | | laboratory test for COVID-19 or COVID-19 antibodies or a | 8 | | confirmed diagnosis of COVID-19 from a licensed medical | 9 | | professional shall: | 10 | | (1) be rebuttably presumed to have contracted COVID-19 | 11 | | while in the performance of an act or acts of duty; | 12 | | (2) be rebuttably presumed to have been injured while | 13 | | in the performance of an act or acts of duty; and | 14 | | (3) be entitled to receive a duty disability benefit | 15 | | during any period of such disability for which the fireman | 16 | | does not have a right to receive salary, in an amount equal | 17 | | to 75% of the fireman's salary, as salary is defined in | 18 | | this Article, at the time the disability is allowed, in | 19 | | accordance with this Section. | 20 | | The presumption shall apply to any fireman who was exposed | 21 | | to and contracted COVID-19 on or after March 9, 2020 and on or | 22 | | before January 31, 2022 June 30, 2021 ; except that the | 23 | | presumption shall not apply if the fireman was on a leave of | 24 | | absence from his or her employment or otherwise not required | 25 | | to report for duty for a period of 14 or more consecutive days | 26 | | immediately prior to the date of contraction of COVID-19. For |
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| 1 | | the purposes of determining when a fireman contracted COVID-19 | 2 | | under this paragraph, the date of contraction is either the | 3 | | date that the fireman was diagnosed with COVID-19 or was | 4 | | unable to work due to symptoms that were later diagnosed as | 5 | | COVID-19, whichever occurred first. | 6 | | It is the intent of the General Assembly that the change | 7 | | made by this amendatory Act shall apply retroactively to March | 8 | | 9, 2020, and any fireman who has been previously denied a duty | 9 | | disability benefit that would otherwise be entitled to duty | 10 | | disability benefit under this Section shall be entitled to | 11 | | retroactive benefits and duty disability benefit. | 12 | | (Source: P.A. 103-2, eff. 5-10-23.) | 13 | | Section 90. The State Mandates Act is amended by adding | 14 | | Section 8.48 as follows: | 15 | | (30 ILCS 805/8.48 new) | 16 | | Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and | 17 | | 8 of this Act, no reimbursement by the State is required for | 18 | | the implementation of any mandate created by this amendatory | 19 | | Act of the 103rd General Assembly. | 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.". |
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