State of Illinois
90th General Assembly
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90_HB0858

      40 ILCS 5/3-114.3         from Ch. 108 1/2, par. 3-114.3
      40 ILCS 5/3-114.4         from Ch. 108 1/2, par. 3-114.4
      40 ILCS 5/4-114.6 new
      40 ILCS 5/3-121           from Ch. 108 1/2, par. 3-121
      30 ILCS 805/8.21 new
          Amends the Downstate Police Article of the  Pension  Code
      to  provide  an  occupational  disease disability benefit for
      certain police officers who also have firefighting duties and
      become disabled by heart  disease,  respiratory  disease,  or
      certain   cancers   and  for  their  dependent  children  and
      survivors.    Amends  the  State  Mandates  Act  to   require
      implementation without reimbursement.  Effective immediately.
                                                     LRB9003033EGfg
                                               LRB9003033EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 3-114.3,  3-114.4,  and  3-121  and  adding  Section
 3    3-114.6 and to amend the State Mandates 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  3-114.3,  3-114.4,  and  3-121 and adding
 8    Section 3-114.6 as follows:
 9        (40 ILCS 5/3-114.3) (from Ch. 108 1/2, par. 3-114.3)
10        Sec. 3-114.3.  Heart attack suffered  in  performance  of
11    duties.  Any  police  officer who suffers a heart attack as a
12    result of the performance and discharge of police duty  shall
13    be considered as having been injured in the performance of an
14    act  of  duty and shall be eligible for the benefits provided
15    under  this  Article  for  police  officers  injured  in  the
16    performance of an act of duty or, if applicable, the benefits
17    provided in Section 3-114.6.
18    (Source: P.A. 83-1440.)
19        (40 ILCS 5/3-114.4) (from Ch. 108 1/2, par. 3-114.4)
20        Sec. 3-114.4.  Return to active duty after disability.  A
21    police  officer  who  receives  a  disability  pension  under
22    Section Sections 3-114.1, or 3-114.2,  or  3-114.6  for  more
23    than  2  years  and who returns to active duty must remain in
24    active police service for at least 5  years  before  becoming
25    eligible  for  a  disability pension greater than the pension
26    paid for the prior disability.
27    (Source: P.A. 83-1440.)
28        (40 ILCS 5/4-114.6 new)
29        Sec. 3-114.6.  Occupational disease disability pension.
                            -2-                LRB9003033EGfg
 1        (a)  This Section applies only to police officers who are
 2    employed by a municipality with a combined  police  and  fire
 3    department  and  who  have  regular  firefighting  duties  in
 4    addition to their law enforcement duties.
 5        (b)  The  General Assembly finds that service in a police
 6    department  that  also  has  firefighting   duties   requires
 7    officers  to  perform  unusual  tasks  in times of stress and
 8    danger; that officers are subject to exposure to extreme heat
 9    or extreme cold in certain  seasons  while  performing  their
10    duties;  that  they  are required to work in the midst of and
11    are subject to heavy smoke fumes and carcinogenic, poisonous,
12    toxic,  or  chemical  gases  from  fires;  and   that   these
13    conditions  exist  and  arise  out  of  or  in  the course of
14    employment.
15        (c)  An active officer with 5 or more years of creditable
16    service who is found to be  unable  to  perform  his  or  her
17    duties   in  the  department  by  reason  of  heart  disease,
18    tuberculosis, or any disease  of  the  lungs  or  respiratory
19    tract,  resulting  from service as an officer, is entitled to
20    an occupational disease disability pension during any  period
21    of  such  disability  for  which  he  or  she has no right to
22    receive salary.
23        An active officer who has completed 5 or  more  years  of
24    service  and  is  unable  to perform his or her duties in the
25    department by reason of a disabling cancer, which develops or
26    manifests itself during a period while the officer is in  the
27    service   of  the  department,  is  entitled  to  receive  an
28    occupational disease disability benefit during any period  of
29    such  disability for which he or she does not have a right to
30    receive  salary.   In  order  to  receive  this  occupational
31    disease disability benefit, the cancer must be of a type that
32    may be caused by exposure to  heat,  radiation,  or  a  known
33    carcinogen   as  defined  by  the  International  Agency  for
34    Research on Cancer.
                            -3-                LRB9003033EGfg
 1        An  officer  who,  after  the  effective  date  of   this
 2    amendatory  Act  of  1997,  enters  the service of a combined
 3    police and  fire  department  and  has  regular  firefighting
 4    duties shall be examined by one or more practicing physicians
 5    appointed   by  the  board.   If  the  examination  discloses
 6    impairment of the heart, lungs, or respiratory tract, or  the
 7    existence  of cancer, the officer shall not be entitled to an
 8    occupational disease disability pension  under  this  Section
 9    unless  and  until  a  subsequent examination reveals no such
10    impairment or cancer.
11        The occupational disease disability pension shall be  65%
12    of the salary attached to the rank held by the officer at the
13    time of his or her removal from the municipality's department
14    payroll.
15        The occupational disease disability pension is payable to
16    the  officer  during  the  period  of the disability.  If the
17    disability ceases  before  the  death  of  the  officer,  the
18    disability  pension  payable  under  this  Section shall also
19    cease and the officer thereafter shall receive  such  pension
20    benefits  as are provided in accordance with other provisions
21    of this Article.
22        If an officer dies while still disabled and  receiving  a
23    disability pension under this Section, the disability pension
24    shall  continue  to be paid to the officer's survivors in the
25    sequence provided in Section 3-112.
26        (40 ILCS 5/3-121) (from Ch. 108 1/2, par. 3-121)
27        Sec.  3-121.   Marriage  and  remarriage.   The  pensions
28    provided in Sections 3-112, 3-114.1, and 3-114.2, and 3-114.6
29    shall not be paid  to  a  child  or  dependent  parent  after
30    marriage  or  remarriage  of  the  child  or dependent parent
31    following the death of the police officer.
32        The pensions provided  in  Sections  3-112,  3-114.1  and
33    3-114.2  shall  not  be  paid  to  a  surviving  spouse after
                            -4-                LRB9003033EGfg
 1    remarriage following the death of the police officer, if  the
 2    remarriage  occurs (i) prior to January 1, 1974 or (ii) after
 3    December 31, 1974 but  before  the  effective  date  of  this
 4    amendatory Act of 1995.  Remarriage on or after the effective
 5    date  of  this  amendatory  Act  of  1995 does not affect the
 6    surviving spouse's eligibility for those pensions, regardless
 7    of whether the deceased police officer was in service  on  or
 8    after  that effective date.  A surviving spouse whose pension
 9    was terminated due to remarriage during 1974, and who applies
10    for reinstatement of that pension  before  January  1,  1990,
11    shall be entitled to have the pension reinstated beginning on
12    January 1, 1990.
13    (Source: P.A. 89-408, eff. 11-15-95.)
14        Section  90.  The State Mandates Act is amended by adding
15    Section 8.21 as follows:
16        (30 ILCS 805/8.21 new)
17        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
18    and  8 of this Act, no reimbursement by the State is required
19    for  the  implementation  of  any  mandate  created  by  this
20    amendatory Act of 1997.
21        Section 99. Effective date.  This Act takes  effect  upon
22    becoming law.

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