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90_HB0658
40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110
40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1
30 ILCS 805/8.21 new
Amends the Downstate Firefighter Article of the Pension
Code. Increases the duty disability benefit from 65% to 75%
of salary; makes a corresponding increase in the maximum
children's benefit. Adds stroke and diseases caused by air-
or blood-borne pathogens to the list of occupational diseases
for which a disability benefit may be granted. Increases the
occupational disease disability benefit for disability
resulting from a communicable disease from 65% to 75% of
salary; makes a corresponding increase in the maximum
children's benefit. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 4-110 and 4-110.1 and to amend the State Mandates
3 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 4-110 and 4-110.1 as follows:
8 (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
9 Sec. 4-110. Disability pension - Line of duty. If a
10 firefighter, as the result of sickness, accident or injury
11 incurred in or resulting from the performance of an act of
12 duty or from the cumulative effects of acts of duty, is
13 found, pursuant to Section 4-112, to be physically or
14 mentally permanently disabled for service in the fire
15 department, so as to render necessary his or her being placed
16 on disability pension, the firefighter shall be entitled to a
17 disability pension of 75% 65% of the monthly salary attached
18 to the rank held by him or her in the fire department at the
19 date he or she is removed from the municipality's fire
20 department payroll. A firefighter shall be considered "on
21 duty" while on any assignment approved by the chief of the
22 fire department, even though away from the municipality he or
23 she serves as a firefighter, if the assignment is related to
24 the fire protection service of the municipality.
25 Such firefighter shall also be entitled to a child's
26 disability benefit of $20 a month on account of each
27 unmarried child less than 18 years of age and dependent upon
28 the firefighter for support, either the issue of the
29 firefighter or legally adopted by him or her. The total
30 amount of child's disability benefit payable to the
31 firefighter, when added to his or her disability pension,
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1 shall not exceed 85% 75% of the amount of salary which the
2 firefighter was receiving at the date of retirement.
3 Benefits payable on account of a child under this Section
4 shall not be reduced or terminated by reason of the child's
5 attainment of age 18 if he or she is then dependent by reason
6 of a physical or mental disability but shall continue to be
7 paid as long as such dependency continues. Individuals over
8 the age of 18 and adjudged to be disabled persons pursuant to
9 Article XIa of the Probate Act of 1975, except for persons
10 receiving benefits under Article III of the Illinois Public
11 Aid Code, shall be eligible to receive benefits under this
12 Act.
13 If a firefighter dies while still disabled and receiving
14 a disability pension under this Section, the disability
15 pension shall continue to be paid to the firefighter's
16 survivors but shall, from the date of death, become subject
17 to the requirements, including limitations on amount, that
18 are provided for pensions to survivors under Section 4-114.
19 A pension previously granted under Section 4-114 to a
20 survivor of a firefighter who died while receiving a
21 disability pension under this Section shall be deemed to be a
22 continuation of the pension provided under this Section and
23 shall be deemed to be in the nature of worker's compensation
24 payments. The changes to this Section made by this
25 amendatory Act of 1995 are intended to be retroactive and are
26 not limited to persons in service on or after its effective
27 date.
28 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
29 (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
30 Sec. 4-110.1. Occupational disease disability pension.
31 The General Assembly finds that service in the fire
32 department requires firefighters in times of stress and
33 danger to perform unusual tasks; that firefighters are
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1 subject to exposure to extreme heat or extreme cold in
2 certain seasons while performing their duties; that they are
3 required to work in the midst of and are subject to heavy
4 smoke fumes, and carcinogenic, poisonous, toxic or chemical
5 gases from fires; that they are subject to exposure to
6 various infectious diseases; and that these conditions exist
7 and arise out of or in the course of employment.
8 An active firefighter with 5 or more years of creditable
9 service who is found, pursuant to Section 4-112, unable to
10 perform his or her duties in the fire department by reason of
11 heart disease, stroke, tuberculosis, any disease caused by
12 air- or blood-borne pathogens, or any disease of the lungs or
13 respiratory tract, resulting from service as a firefighter,
14 is entitled to an occupational disease disability pension
15 during any period of such disability for which he or she has
16 no right to receive salary.
17 Any active firefighter who has completed 5 or more years
18 of service and is unable to perform his or her duties in the
19 fire department by reason of a disabling cancer, which
20 develops or manifests itself during a period while the
21 firefighter is in the service of the fire department, shall
22 be entitled to receive an occupational disease disability
23 benefit during any period of such disability for which he or
24 she does not have a right to receive salary. In order to
25 receive this occupational disease disability benefit, the
26 type of cancer involved must be a type which may be caused by
27 exposure to heat, radiation or a known carcinogen as defined
28 by the International Agency for Research on Cancer.
29 A firefighter who enters the service after August 27,
30 1971 shall be examined by one or more practicing physicians
31 appointed by the board. If the examination discloses
32 impairment of the heart, lungs or respiratory tract,
33 potentially disabling disease caused by an air- or
34 blood-borne pathogen, or the existence of any cancer, the
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1 firefighter shall not be entitled to the occupational disease
2 disability pension unless and until a subsequent examination
3 reveals no such impairment, disease, or cancer.
4 The occupational disease disability pension shall be 65%
5 (75% if the disability is the result of a communicable
6 disease) of the salary attached to the rank held by the
7 firefighter in the fire service at the time of his or her
8 removal from the municipality's fire department payroll.
9 The firefighter is also entitled to a child's disability
10 benefit of $20 a month for each natural or legally adopted
11 unmarried child less than age 18 dependent upon the
12 firefighter for support. The total child's disability
13 benefit when added to the occupational disease disability
14 pension shall not exceed 75% (85% if the disability is the
15 result of a communicable disease) of the firefighter's salary
16 at the time of the grant of occupational disease disability
17 pension.
18 The occupational disease disability pension is payable to
19 the firefighter during the period of the disability. If the
20 disability ceases before the death of the firefighter, the
21 disability pension payable under this Section shall also
22 cease and the firefighter thereafter shall receive such
23 pension benefits as are provided in accordance with other
24 provisions of this Article.
25 If a firefighter dies while still disabled and receiving
26 a disability pension under this Section, the disability
27 pension shall continue to be paid to the firefighter's
28 survivors but shall, from the date of death, become subject
29 to the requirements, including limitations on amount, that
30 are provided for pensions to survivors under Section 4-114.
31 A pension previously granted under Section 4-114 to a
32 survivor of a firefighter who died while receiving a
33 disability pension under this Section shall be deemed to be a
34 continuation of the pension provided under this Section and
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1 shall be deemed to be in the nature of worker's occupational
2 disease compensation payments. The changes to this Section
3 made by this amendatory Act of 1995 are intended to be
4 retroactive and are not limited to persons in service on or
5 after its effective date.
6 The child's disability benefit shall terminate if the
7 disability ceases while the firefighter is alive or when the
8 child or children attain age 18 or marry, whichever event
9 occurs first, except that benefits payable on account of a
10 child under this Section shall not be reduced or terminated
11 by reason of the child's attainment of age 18 if he or she is
12 then dependent by reason of a physical or mental disability
13 but shall continue to be paid as long as such dependency
14 continues. Individuals over the age of 18 and adjudged as a
15 disabled person pursuant to Article XIa of the Probate Act of
16 1975, except for persons receiving benefits under Article III
17 of the Illinois Public Aid Code, shall be eligible to receive
18 benefits under this Act.
19 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
20 Section 90. The State Mandates Act is amended by adding
21 Section 8.21 as follows:
22 (30 ILCS 805/8.21 new)
23 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
24 and 8 of this Act, no reimbursement by the State is required
25 for the implementation of any mandate created by this
26 amendatory Act of 1997.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.