State of Illinois
92nd General Assembly
Legislation

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92_HB4372

 
                                               LRB9212537EGfg

 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Section 6-151.1 as follows:

 6        (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
 7        Sec. 6-151.1.  The General Assembly  finds  and  declares
 8    that service in the Fire Department requires that firemen, in
 9    times  of stress and danger, must perform unusual tasks; that
10    by  reason  of  their  occupation,  firemen  are  subject  to
11    exposure to great heat and to extreme cold in certain seasons
12    while in performance of their duties; that by reason of their
13    employment firemen are required to work in the midst  of  and
14    are   subject   to   heavy  smoke  fumes,  and  carcinogenic,
15    poisonous, toxic or chemical gases from fires;  and  that  in
16    the  course  of their rescue and paramedic duties firemen are
17    exposed  to  disabling  infectious  diseases,  including  HIV
18    infection and hepatitis.  The General Assembly further  finds
19    and declares that all the aforementioned conditions exist and
20    arise out of or in the course of such employment.
21        Any  active fireman who has completed 5 ten or more years
22    of service and is unable to perform his duties  in  the  Fire
23    Department  by  reason of heart disease, tuberculosis, or any
24    disease of the lungs or respiratory tract, HIV infection,  or
25    hepatitis  resulting  solely  from  his service as a fireman,
26    shall  be  entitled  to  receive  an   occupational   disease
27    disability  benefit  during any period of such disability for
28    which he does not have a right to receive salary.
29        Any active fireman who has completed 5 ten or more  years
30    of  service  and  is unable to perform his duties in the fire
31    department by reason of a disabling cancer, which develops or
 
                            -2-                LRB9212537EGfg
 1    manifests itself during a period while the fireman is in  the
 2    service  of  the  department, shall be entitled to receive an
 3    occupational disease disability benefit during any period  of
 4    such disability for which he does not have a right to receive
 5    salary.   In  order  to  receive  this  occupational  disease
 6    disability  benefit,  the  type  of cancer involved must be a
 7    type which may be caused by exposure to heat, radiation or  a
 8    known  carcinogen  as defined by the International Agency for
 9    Research on Cancer.
10        Any  fireman  who  shall  enter  the  service  after  the
11    effective date of this amendatory Act shall  be  examined  by
12    one or more practicing physicians appointed by the Board, and
13    if  that  said examination discloses impairment of the heart,
14    lungs, or respiratory tract, or  the  existence  of  any  HIV
15    infection,  hepatitis, or cancer, then the such fireman shall
16    not be entitled to receive an occupational disease disability
17    benefit unless and until a subsequent examination reveals  no
18    such impairment, HIV infection, hepatitis, or cancer.
19        The  occupational disease disability benefit shall be 65%
20    of the fireman's salary at the time of his removal  from  the
21    Department  payroll.   However, beginning January 1, 1994, no
22    occupational disease disability benefit that has been payable
23    under this Section for at least 10 years shall be  less  than
24    50%  of  the current salary attached from time to time to the
25    rank and grade held by the fireman at the time of his removal
26    from the  Department  payroll,  regardless  of  whether  that
27    removal occurred before the effective date of this amendatory
28    Act of 1993.
29        Such  fireman  also shall have a right to receive child's
30    disability benefit of  $30  per  month  on  account  of  each
31    unmarried  child  who  is  less  than  18  years  of  age  or
32    handicapped,  dependent  upon  the  fireman  for support, and
33    either the issue of the fireman or legally  adopted  by  him.
34    The total amount of child's disability benefit payable to the
 
                            -3-                LRB9212537EGfg
 1    fireman,  when  added  to his occupational disease disability
 2    benefit, shall not exceed 75% of the amount of  salary  which
 3    he  was  receiving  at  the time of the grant of occupational
 4    disease disability benefit.
 5        The first  payment  of  occupational  disease  disability
 6    benefit or child's disability benefit shall be made not later
 7    than one month after the benefit is granted.  Each subsequent
 8    payment shall be made not later than one month after the date
 9    of the latest payment.
10        Occupational  disease disability benefit shall be payable
11    during the period of the disability until the fireman reaches
12    the age of compulsory retirement.  Child's disability benefit
13    shall be  paid  to  such  a  fireman  during  the  period  of
14    disability  until  such  child  or  children attain age 18 or
15    marry, whichever event occurs first; except  that  attainment
16    of  age  18  by  a  child  who  is  so physically or mentally
17    handicapped as to be dependent upon the fireman for  support,
18    shall  not render the child ineligible for child's disability
19    benefit.  The fireman thereafter shall receive  such  annuity
20    or annuities as are provided for him in accordance with other
21    provisions of this Article.
22    (Source: P.A. 88-528.)

23        Section  90.  The State Mandates Act is amended by adding
24    Section 8.26 as follows:

25        (30 ILCS 805/8.26 new)
26        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
27    and  8 of this Act, no reimbursement by the State is required
28    for  the  implementation  of  any  mandate  created  by  this
29    amendatory Act of the 92nd General Assembly.

30        Section 99. Effective date.  This Act takes  effect  upon
31    becoming law.

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