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91_HB0396
LRB9101510EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 4-110 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
6 changing Section 4-110 as follows:
7 (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
8 Sec. 4-110. Disability pension - Line of duty. If a
9 firefighter, as the result of sickness, accident or injury
10 incurred in or resulting from the performance of an act of
11 duty or from the cumulative effects of acts of duty, is
12 found, pursuant to Section 4-112, to be physically or
13 mentally permanently disabled for service in the fire
14 department, so as to render necessary his or her being placed
15 on disability pension, the firefighter shall be entitled to a
16 disability pension of 75% 65% of the monthly salary attached
17 to the rank held by him or her in the fire department at the
18 date he or she is removed from the municipality's fire
19 department payroll. A firefighter shall be considered "on
20 duty" while on any assignment approved by the chief of the
21 fire department, even though away from the municipality he or
22 she serves as a firefighter, if the assignment is related to
23 the fire protection service of the municipality.
24 Such firefighter shall also be entitled to a child's
25 disability benefit of $20 a month on account of each
26 unmarried child less than 18 years of age and dependent upon
27 the firefighter for support, either the issue of the
28 firefighter or legally adopted by him or her. The total
29 amount of child's disability benefit payable to the
30 firefighter, when added to his or her disability pension,
31 shall not exceed 85% 75% of the amount of salary which the
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1 firefighter was receiving at the date of retirement.
2 Benefits payable on account of a child under this Section
3 shall not be reduced or terminated by reason of the child's
4 attainment of age 18 if he or she is then dependent by reason
5 of a physical or mental disability but shall continue to be
6 paid as long as such dependency continues. Individuals over
7 the age of 18 and adjudged to be disabled persons pursuant to
8 Article XIa of the Probate Act of 1975, except for persons
9 receiving benefits under Article III of the Illinois Public
10 Aid Code, shall be eligible to receive benefits under this
11 Act.
12 If a firefighter dies while still disabled and receiving
13 a disability pension under this Section, the disability
14 pension shall continue to be paid to the firefighter's
15 survivors but shall, from the date of death, become subject
16 to the requirements, including limitations on amount, that
17 are provided for pensions to survivors under Section 4-114.
18 A pension previously granted under Section 4-114 to a
19 survivor of a firefighter who died while receiving a
20 disability pension under this Section shall be deemed to be a
21 continuation of the pension provided under this Section and
22 shall be deemed to be in the nature of worker's compensation
23 payments. The changes to this Section made by this
24 amendatory Act of 1995 are intended to be retroactive and are
25 not limited to persons in service on or after its effective
26 date.
27 (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
28 Section 90. The State Mandates Act is amended by adding
29 Section 8.23 as follows:
30 (30 ILCS 805/8.23 new)
31 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
32 and 8 of this Act, no reimbursement by the State is required
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1 for the implementation of any mandate created by this
2 amendatory Act of the 91st General Assembly.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.