State of Illinois
90th General Assembly
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90_HB0950

      40 ILCS 5/7-153.5 new
      30 ILCS 805/8.21 new
          Amends the  Illinois  Municipal  Retirement  Fund  (IMRF)
      Article  of  the  Pension  Code  to  provide  an occupational
      disease disability  benefit  for  sheriff's  law  enforcement
      employees  who  are  disabled  by heart disease and for their
      dependent children and survivors.  Amends the State  Mandates
      Act   to   require   implementation   without  reimbursement.
      Effective immediately.
                                                     LRB9004013EGfg
                                               LRB9004013EGfg
 1        AN ACT to amend  the  Illinois  Pension  Code  by  adding
 2    Section 7-153.5 and to amend the State Mandates Act.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5. The Illinois Pension Code is amended by adding
 6    Section 7-153.5 as follows:
 7        (40 ILCS 5/7-153.5) (from Ch. 108 1/2, par. 7-153.5)
 8        Sec. 7-153.5.  Occupational disease disability benefit.
 9        (a)  The General  Assembly  finds  that  service  in  the
10    county  police  department requires sheriff's law enforcement
11    employees  to  perform  difficult  and  unusual  tasks  under
12    conditions of  constant  stress  and  frequent  danger;  that
13    sheriff's  law  enforcement  employees  are  also  subject to
14    exposure to extreme heat and cold in  certain  seasons  while
15    performing  the  often  vigorous  physical  demands  of their
16    duties; that these conditions are  likely  to  contribute  to
17    occupational  disease,  especially  heart  disease;  and that
18    these conditions exist and arise out of and in the course  of
19    their employment.
20        (b)  In  lieu  of  the other disability benefits provided
21    under this Article, a sheriff's law enforcement employee  who
22    suffers  a  heart attack or any other disabling heart disease
23    as a result of the performance of his or her duty  may  elect
24    to  receive  an occupational disease disability benefit.  The
25    occupational  disease  disability  benefit  is  65%  of   the
26    sheriff's  law  enforcement employee's final rate of earnings
27    on the date the employee is removed from the payroll.
28        A sheriff's law  enforcement  employee  who  receives  an
29    occupational disability benefit is also entitled to a child's
30    disability  benefit  of  $20  per  month  for each natural or
31    legally adopted unmarried child less than  age  18  dependent
                            -2-                LRB9004013EGfg
 1    upon the sheriff's law enforcement employee for support.  The
 2    total   child's   disability   benefit,  when  added  to  the
 3    occupational disease disability benefit, shall not exceed 75%
 4    of the sheriff's law enforcement  employee's  final  rate  of
 5    earnings  on  the  date  the  employee  is  removed  from the
 6    payroll.
 7        The occupational disease disability  benefit  is  payable
 8    during  the  period  of the disability.  If the sheriff's law
 9    enforcement employee ceases to be disabled, he or  she  shall
10    thereafter  receive  such pension benefits as are provided in
11    accordance with the other provisions of this Article.   If  a
12    sheriff's  law  enforcement  employee dies while receiving an
13    occupational disease disability benefit,  the  benefit  shall
14    continue to be payable to his or her surviving spouse instead
15    of the surviving spouse annuity otherwise provided under this
16    Article.
17        The  child's  disability benefit shall be paid during the
18    period of disability  until  the  child  attains  age  18  or
19    marries,  whichever  event occurs first, except that benefits
20    payable on account of a child under this Section shall not be
21    reduced or terminated by reason of the child's attainment  of
22    age 18 if he or she is then dependent by reason of a physical
23    or  mental  disability, but shall continue to be paid as long
24    as the dependency continues.
25        (c)  A sheriff's  law  enforcement  employee  who  enters
26    service on or after the effective date of this amendatory Act
27    of   1997  shall  be  examined  by  one  or  more  practicing
28    physicians designated  by  the  board.   If  the  examination
29    discloses  impairment  of  the  heart or the existence of any
30    heart disease, the sheriff's law enforcement employee is  not
31    entitled  to an occupational disease disability benefit under
32    this Section unless a later examination  administered  before
33    the development of the disability has found the impairment or
34    disease to be no longer present.
                            -3-                LRB9004013EGfg
 1        Section  90.  The State Mandates Act is amended by adding
 2    Section 8.21 as follows:
 3        (30 ILCS 805/8.21 new)
 4        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
 5    and  8 of this Act, no reimbursement by the State is required
 6    for  the  implementation  of  any  mandate  created  by  this
 7    amendatory Act of 1997.
 8        Section 99. Effective date.  This Act takes  effect  upon
 9    becoming law.

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