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91_SB1212
LRB9106118EGfg
1 AN ACT to amend the Illinois Pension Code and to amend
2 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 Sections 6-142, 6-150, 6-151, 6-151.1, 6-152, 6-154,
7 6-178, and 6-209 as follows:
8 (40 ILCS 5/6-142) (from Ch. 108 1/2, par. 6-142)
9 Sec. 6-142. Wives and widows not entitled to annuities.
10 The following wives or widows have no right to annuity from
11 the fund:
12 (a) A wife or widow married subsequent to the effective
13 date of a fireman who dies in service if she was not married
14 to him before he attained age 63;
15 (b) A wife or widow of a fireman who withdraws, whether
16 or not he enters upon annuity, and dies while out of service,
17 if the marriage occurred after the effective date and she was
18 not his wife while he was in service and before he attained
19 age 63;
20 (c) A wife or widow of a fireman who (1) has served 10
21 or more years, (2) dies out of service after he has withdrawn
22 from service, and (3) has withdrawn or applied for refund of
23 the sums to his credit for annuity to which he had a right to
24 refund;
25 (d) A wife or widow of a fireman who dies out of service
26 after he has withdrawn before age 63, and who has not served
27 at least 10 years;
28 (e) A wife whose marriage was dissolved or widow of a
29 fireman whose judgment of dissolution of marriage from her
30 fireman husband is annulled, vacated or set aside by
31 proceedings in court subsequent to the death of the fireman,
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1 unless (1) such proceedings are filed within 5 years after
2 the date of the dissolution of marriage and within one year
3 after the death of the fireman and (2) the board is made a
4 party to the proceedings.;
5 (f) A wife or widow who married the fireman while he was
6 in receipt of disability benefit or disability pension from
7 this fund, unless he returned to the service subsequent to
8 the marriage and remained therein for a period or periods
9 aggregating one year, or died while in service.
10 (Source: P.A. 81-230.)
11 (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
12 Sec. 6-150. Death benefits.
13 (a) Effective January 1, 1962, an ordinary death benefit
14 shall be payable on account of any fireman in service and in
15 receipt of salary on or after such date, which benefit shall
16 be in addition to all other annuities and benefits herein
17 provided. This benefit shall be payable upon death of a
18 fireman:
19 (1) occurring in active service while in receipt of
20 salary;
21 (2) on an authorized and approved leave of absence,
22 without salary, beginning on or after January 1, 1962, if the
23 death occurs within 60 days from the date the fireman was in
24 receipt of salary;
25 (3) receiving duty, occupational disease, or ordinary
26 disability benefit;
27 (4) occurring within 60 days from the date of
28 termination of duty disability, occupational disease
29 disability or ordinary disability benefit payments if
30 re-entry into service had not occurred;
31 (5) occurring on retirement and while in receipt of an
32 age and service, prior service annuity or minimum annuity;
33 provided (a) retirement on such annuity occurred on or after
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1 January 1, 1962, and (b) such separation from service was
2 effective on or after the fireman's attainment of age 50, and
3 (c) application for such annuity was made within 60 days
4 after separation from service.
5 (b) The ordinary death benefit shall be payable to such
6 beneficiary or beneficiaries as the fireman has nominated by
7 written direction duly signed and acknowledged before an
8 officer authorized to take acknowledgments, and filed with
9 the board. If no such written direction has been filed or if
10 the designated beneficiaries do not survive the fireman,
11 payment of the benefit shall be made to his estate.
12 (c) Beginning July 1, 1983, if death occurs prior to
13 retirement on annuity and before the fireman's attainment of
14 age 50, the amount of the benefit payable shall be $12,000.
15 Beginning July 1, 1983, if death occurs prior to retirement
16 and before January 1, 2000, at age 50 or over, the benefit of
17 $12,000 shall be reduced $400 for each year (commencing on
18 the fireman's attainment of age 50 and thereafter on each
19 succeeding birth date) that the fireman's age, at date of
20 death, is more than age 49, but in no event below the amount
21 of $6,000. If death occurs prior to retirement and on or
22 after January 1, 2000, at age 50 or over, the benefit of
23 $12,000 shall not be reduced due to age.
24 (d) Beginning July 1, 1983, if the fireman's death
25 occurs while he is in receipt of an annuity, the benefit
26 shall be $6,000.
27 (Source: P.A. 83-152.)
28 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
29 Sec. 6-151. Duty disability. An active fireman who is or
30 becomes disabled on or after the effective date as the result
31 of a specific injury, or of cumulative injuries, or of
32 specific sickness incurred in or resulting from an act or
33 acts of duty, shall have the right to receive duty disability
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1 benefit during any period of such disability for which he
2 does not receive or have a right to receive salary, equal to
3 75% of his salary at the time the disability is allowed.
4 However, beginning January 1, 1994, no duty disability
5 benefit that has been payable under this Section for at least
6 10 years shall be less than 50% of the current salary
7 attached from time to time to the rank and grade held by the
8 fireman at the time of his removal from the Department
9 payroll, regardless of whether that removal occurred before
10 the effective date of this amendatory Act of 1993.
11 Whenever an active fireman is or becomes so injured or
12 sick, as to require medical or hospital attention, the chief
13 officer of the fire department of the city shall file, or
14 cause to be filed, with the board a report of the nature and
15 cause of his disability, together with the certificate or
16 report of the physician attending or treating, or who
17 attended or treated the fireman, and a copy of any hospital
18 record concerning the disability. Any injury or sickness not
19 reported to the board in time to permit the board's physician
20 to examine the fireman before his recovery, and any injury or
21 sickness for which a physician's report or copy of the
22 hospital record is not on file with the board shall not be
23 considered for the payment of duty disability benefit.
24 Such fireman shall also receive a child's disability
25 benefit of $30 per month on account of each unmarried child,
26 the issue of the fireman or legally adopted by him prior to
27 the date of disability, who is less than 18 years of age or
28 handicapped and dependent upon the fireman for support. The
29 total amount of child's disability benefit shall not exceed
30 25% of his salary at the time the disability is allowed.
31 The first payment of duty disability or child's
32 disability benefit shall be made not later than one month
33 after the benefit is granted. Each subsequent payment shall
34 be made not later than one month after the date of the latest
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1 payment.
2 Duty disability benefit shall be payable during the
3 period of the disability until the fireman reaches the age of
4 70 1/2 compulsory retirement. Child's disability benefit
5 shall be paid to such a fireman during the period of
6 disability until such child or children attain age 18 or
7 marries, whichever event occurs first; except that attainment
8 of age 18 by a child who is so physically or mentally
9 handicapped as to be dependent upon the fireman for support,
10 shall not render the child ineligible for child's disability
11 benefit. The fireman shall thereafter receive such annuity
12 or annuities as are provided for him in accordance with other
13 provisions of this Article.
14 (Source: P.A. 88-528.)
15 (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
16 Sec. 6-151.1. The General Assembly finds and declares
17 that service in the Fire Department requires that firemen, in
18 times of stress and danger must perform unusual tasks; that
19 by reason of their occupation, firemen are subject to
20 exposure to great heat and to extreme cold in certain seasons
21 while in performance of their duties; that by reason of their
22 employment firemen are required to work in the midst of and
23 are subject to heavy smoke fumes, and carcinogenic,
24 poisonous, toxic or chemical gases from fires. The General
25 Assembly further finds and declares that all the
26 aforementioned conditions exist and arise out of or in the
27 course of such employment.
28 Any active fireman who has completed ten or more years of
29 service and is unable to perform his duties in the Fire
30 Department by reason of heart disease, tuberculosis or any
31 disease of the lungs or respiratory tract, resulting solely
32 from his service as a fireman, shall be entitled to receive
33 an occupational disease disability benefit during any period
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1 of such disability for which he does not have a right to
2 receive salary.
3 Any active fireman who has completed ten or more years of
4 service and is unable to perform his duties in the fire
5 department by reason of a disabling cancer, which develops or
6 manifests itself during a period while the fireman is in the
7 service of the department, shall be entitled to receive an
8 occupational disease disability benefit during any period of
9 such disability for which he does not have a right to receive
10 salary. In order to receive this occupational disease
11 disability benefit, the type of cancer involved must be a
12 type which may be caused by exposure to heat, radiation or a
13 known carcinogen as defined by the International Agency for
14 Research on Cancer.
15 Any fireman who shall enter the service after the
16 effective date of this amendatory Act shall be examined by
17 one or more practicing physicians appointed by the Board, and
18 if said examination discloses impairment of the heart, lungs
19 or respiratory tract, or the existence of any cancer, such
20 fireman shall not be entitled to receive occupational disease
21 disability benefit unless and until a subsequent examination
22 reveals no such impairment or cancer.
23 The occupational disease disability benefit shall be 65%
24 of the fireman's salary at the time of his removal from the
25 Department payroll. However, beginning January 1, 1994, no
26 occupational disease disability benefit that has been payable
27 under this Section for at least 10 years shall be less than
28 50% of the current salary attached from time to time to the
29 rank and grade held by the fireman at the time of his removal
30 from the Department payroll, regardless of whether that
31 removal occurred before the effective date of this amendatory
32 Act of 1993.
33 Such fireman also shall have a right to receive child's
34 disability benefit of $30 per month on account of each
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1 unmarried child who is less than 18 years of age or
2 handicapped, dependent upon the fireman for support, and
3 either the issue of the fireman or legally adopted by him.
4 The total amount of child's disability benefit payable to the
5 fireman, when added to his occupational disease disability
6 benefit, shall not exceed 75% of the amount of salary which
7 he was receiving at the time of the grant of occupational
8 disease disability benefit.
9 The first payment of occupational disease disability
10 benefit or child's disability benefit shall be made not later
11 than one month after the benefit is granted. Each subsequent
12 payment shall be made not later than one month after the date
13 of the latest payment.
14 Occupational disease disability benefit shall be payable
15 during the period of the disability until the fireman reaches
16 the age of 70 1/2 compulsory retirement. Child's disability
17 benefit shall be paid to such a fireman during the period of
18 disability until such child or children attain age 18 or
19 marry, whichever event occurs first; except that attainment
20 of age 18 by a child who is so physically or mentally
21 handicapped as to be dependent upon the fireman for support,
22 shall not render the child ineligible for child's disability
23 benefit. The fireman thereafter shall receive such annuity
24 or annuities as are provided for him in accordance with other
25 provisions of this Article.
26 (Source: P.A. 88-528.)
27 (40 ILCS 5/6-152) (from Ch. 108 1/2, par. 6-152)
28 Sec. 6-152. Ordinary disability benefits. Any fireman
29 who is not eligible for minimum annuity, who becomes disabled
30 after the effective date as the result of any cause other
31 than the performance of an act or acts of duty, shall have a
32 right to receive ordinary disability benefit during any
33 period or periods of such disability, after the first 30 days
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1 of disability. Payment of such benefits shall not exceed, in
2 the aggregate, throughout the entire service of the fireman,
3 a period equal to 1/2 of the total service rendered by him
4 prior to the time he became disabled, but not to exceed 5
5 years. In computing such period of service, the time that
6 the fireman received ordinary disability benefit shall not be
7 included.
8 The first payment of the benefit shall be made not later
9 than one month after the benefit is granted and each
10 subsequent payment shall be made not later than one month
11 after the time when the latest payment was made.
12 When a disabled fireman reaches age 70 1/2 becomes
13 eligible for minimum annuity, the disability benefit shall
14 cease and he shall thereafter receive such annuity or
15 annuities as are provided for him in accordance with other
16 provisions of this Article.
17 Ordinary disability benefit shall be 50% of the fireman's
18 salary at the time the disability occurs. Before any payment
19 is made, a sum ordinarily deducted from the fireman's salary
20 for annuity purposes during a period of time equal to that
21 for which such payment of ordinary disability benefit is to
22 be made shall be deducted from such payment and credited to
23 him as a deduction from his salary for such period. The sums
24 so credited shall be regarded, for annuity and refund
25 purposes, as sums contributed by the fireman.
26 (Source: P.A. 84-11.)
27 (40 ILCS 5/6-154) (from Ch. 108 1/2, par. 6-154)
28 Sec. 6-154. Administration of disability benefits. If a
29 fireman who is granted any type of disability benefit under
30 this Article refuses to submit to examination by any
31 physician appointed by the board, he shall have no further
32 right to receive the benefit.
33 A fireman who has withdrawn while disabled and entered
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1 upon annuity, and who re-enters the service on or after the
2 date of withdrawal, and who has not served at least one year
3 subsequent to the date of such re-entry, shall not receive
4 ordinary disability benefit in excess of the amount he has
5 previously received as pension on account of disability, or
6 as annuity, for an equal period of disability. This provision
7 shall apply throughout the duration of any disability
8 incurred by the fireman within one year after his
9 reinstatement resulting from any cause other than the
10 performance of an act or acts of duty.
11 No disability benefit shall be paid on account of any
12 form of disability for any period of time for which a
13 disabled fireman has a right to receive any part of his
14 salary, under any law or ordinance in effect in the city.
15 If a disabled fireman receives compensation from the city
16 for such disability under the Workers' Compensation Act or
17 Occupational Diseases Act, the disability benefit provided
18 herein shall be reduced by any amount so received, if such
19 amount is less than the amount of the benefit; and if the
20 amount received as compensation exceeds the amount of the
21 disability benefit, the fireman shall not receive such
22 disability benefit until the benefit payable, accumulated at
23 the rate herein stated, equals the amount of such
24 compensation without consideration of interest.
25 If the widow, child or children, or parent or parents (or
26 any of these persons) of any fireman whose death results from
27 an act or acts of duty receives any compensation from the
28 city under the Workers' Compensation Act or Occupational
29 Diseases Act, the annuities herein provided for such
30 beneficiaries shall be reduced by any amounts so received, if
31 such amounts are less than the amount of the annuity or
32 annuities. If the amount or amounts received as compensation
33 exceed the amount or amounts of the annuity or annuities for
34 the widow, child or children, or parent or parents, the
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1 annuities shall not be payable until the accumulated value of
2 the annuity or annuities at the rate herein stated equals the
3 amount of such compensation without consideration of
4 interest. In making such adjustment, the annuity to the widow
5 shall first be reduced.
6 Disability pension or disability benefit shall not be
7 paid to any fireman while he resides outside the State of
8 Illinois, unless such residence is by permission of the
9 board.
10 (Source: P.A. 81-992.)
11 (40 ILCS 5/6-178) (from Ch. 108 1/2, par. 6-178)
12 Sec. 6-178. Board meetings. The board shall hold regular
13 meetings in each month and such other meetings as it deems
14 necessary. A majority of the members shall constitute a
15 quorum for the transaction of business at any meeting;
16 provided, that no pension, annuity, or benefit shall be
17 allowed or granted and no money shall be paid out of the fund
18 unless ordered by the affirmative vote of a majority of the
19 total membership of the board as shown by roll call entered
20 upon the official record of proceedings of the meeting at
21 which such action is taken. All board meetings shall be open
22 to the public.
23 (Source: P.A. 86-273.)
24 (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
25 Sec. 6-209. Computation of service. In computing the
26 service rendered by a fireman prior to the effective date,
27 the following periods shall be counted, in addition to all
28 periods during which he performed the duties of his position,
29 as periods of service for annuity purposes only: All periods
30 of (a) vacation, (b) leave of absence with whole or part pay,
31 (c) leave of absence without pay which were necessary on
32 account of disability, and (d) leave of absence during which
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1 he was engaged in the military or naval service of the United
2 States of America. Service credit shall not be allowed for
3 any period during which a fireman was in receipt of pension
4 on account of disability from any pension fund superseded by
5 this fund.
6 In computing the service rendered by a fireman on and
7 after the effective date, the following periods shall be
8 counted in addition to all periods during which he performed
9 the duties of his position, as periods of service for annuity
10 purposes only: All periods of (a) vacation, (b) leave of
11 absence with whole or part pay, (c) leave of absence during
12 which he was engaged in the military or naval service of the
13 United States of America, (d) disability for which he
14 receives any disability benefit, (e) disability for which he
15 receives whole or part pay, (f) leave of absence, or other
16 authorized relief from active duty, during which he served as
17 president of The Firemen's Association of Chicago, (g)
18 periods of suspension from duty not to exceed a total of one
19 year during the total period of service of the fireman, and
20 (h) a period of time not to exceed 23 days in 1980 in
21 accordance with an agreement with the City on a settlement of
22 strike; provided that the fireman elects to make
23 contributions to the Fund for the various annuity and benefit
24 purposes according to the provisions of this Article as
25 though he were an active fireman, based upon the salary
26 attached to the civil service rank held by him during such
27 absence from duty, and if the fireman so elects, the city
28 shall make the prescribed concurrent contributions for such
29 annuity and benefit purposes as provided in this Article, all
30 to the end that such fireman shall be entitled to receive the
31 same annuities and benefits for which he would otherwise be
32 eligible if he had continued as an active fireman during the
33 periods of absence from duty.
34 In computing service on and after the effective date for
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1 ordinary disability benefit, all periods described in the
2 preceding paragraph, except any period for which a fireman
3 receives ordinary disability benefit, shall be counted as
4 periods of service.
5 In computing service for any of the purposes of this
6 Article, credit shall be given for any periods prior to
7 January 9, 1997, during which an active fireman (or fire
8 paramedic) who is a member of the General Assembly is on
9 leave of absence or is otherwise authorized to be absent from
10 duty to enable him to perform his legislative duties,
11 notwithstanding any reduction in salary for such periods and
12 notwithstanding that the contributions paid by the fireman
13 were based on such reduced salary rather than the full amount
14 of salary attached to his civil service rank.
15 In computing service for any of the purposes of this
16 Article, no credit shall be given for any period during which
17 a fireman was not rendering active service because of his
18 discharge from the service, unless proceedings to test the
19 legality of the discharge are filed in a court of competent
20 jurisdiction within one year from the date of discharge and a
21 final judgment is entered therein declaring the discharge
22 illegal.
23 No overtime or extra service shall be included in
24 computing service of a fireman and not more than one year or
25 a proper fractional part thereof of service shall be allowed
26 for service rendered during any calendar year.
27 (Source: P.A. 86-273; 86-1488; 87-1265.)
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.