[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB3421
LRB9111428EGfg
1 AN ACT to amend the Illinois Pension Code and the State
2 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 6-151.1 as follows:
7 (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
8 Sec. 6-151.1. The General Assembly finds and declares
9 that service in the Fire Department requires that firemen, in
10 times of stress and danger, must perform unusual tasks; that
11 by reason of their occupation, firemen are subject to
12 exposure to great heat and to extreme cold in certain seasons
13 while in performance of their duties; that by reason of their
14 employment firemen are required to work in the midst of and
15 are subject to heavy smoke fumes, and carcinogenic,
16 poisonous, toxic or chemical gases from fires; and that in
17 the course of their rescue and paramedic duties firemen are
18 exposed to disabling infectious diseases, including HIV
19 infection and hepatitis. The General Assembly further finds
20 and declares that all the aforementioned conditions exist and
21 arise out of or in the course of such employment.
22 Any active fireman who has completed 5 ten or more years
23 of service and is unable to perform his duties in the Fire
24 Department by reason of heart disease, tuberculosis, or any
25 disease of the lungs or respiratory tract, HIV infection, or
26 hepatitis resulting solely from his service as a fireman,
27 shall be entitled to receive an occupational disease
28 disability benefit during any period of such disability for
29 which he does not have a right to receive salary.
30 Any active fireman who has completed 5 ten or more years
31 of service and is unable to perform his duties in the fire
-2- LRB9111428EGfg
1 department by reason of a disabling cancer, which develops or
2 manifests itself during a period while the fireman is in the
3 service of the department, shall be entitled to receive an
4 occupational disease disability benefit during any period of
5 such disability for which he does not have a right to receive
6 salary. In order to receive this occupational disease
7 disability benefit, the type of cancer involved must be a
8 type which may be caused by exposure to heat, radiation or a
9 known carcinogen as defined by the International Agency for
10 Research on Cancer.
11 Any fireman who shall enter the service after the
12 effective date of this amendatory Act shall be examined by
13 one or more practicing physicians appointed by the Board, and
14 if that said examination discloses impairment of the heart,
15 lungs, or respiratory tract, or the existence of any HIV
16 infection, hepatitis, or cancer, then the such fireman shall
17 not be entitled to receive an occupational disease disability
18 benefit unless and until a subsequent examination reveals no
19 such impairment, HIV infection, hepatitis, or cancer.
20 The occupational disease disability benefit shall be 65%
21 of the fireman's salary at the time of his removal from the
22 Department payroll. However, beginning January 1, 1994, no
23 occupational disease disability benefit that has been payable
24 under this Section for at least 10 years shall be less than
25 50% of the current salary attached from time to time to the
26 rank and grade held by the fireman at the time of his removal
27 from the Department payroll, regardless of whether that
28 removal occurred before the effective date of this amendatory
29 Act of 1993.
30 Such fireman also shall have a right to receive child's
31 disability benefit of $30 per month on account of each
32 unmarried child who is less than 18 years of age or
33 handicapped, dependent upon the fireman for support, and
34 either the issue of the fireman or legally adopted by him.
-3- LRB9111428EGfg
1 The total amount of child's disability benefit payable to the
2 fireman, when added to his occupational disease disability
3 benefit, shall not exceed 75% of the amount of salary which
4 he was receiving at the time of the grant of occupational
5 disease disability benefit.
6 The first payment of occupational disease disability
7 benefit or child's disability benefit shall be made not later
8 than one month after the benefit is granted. Each subsequent
9 payment shall be made not later than one month after the date
10 of the latest payment.
11 Occupational disease disability benefit shall be payable
12 during the period of the disability until the fireman reaches
13 the age of compulsory retirement. Child's disability benefit
14 shall be paid to such a fireman during the period of
15 disability until such child or children attain age 18 or
16 marry, whichever event occurs first; except that attainment
17 of age 18 by a child who is so physically or mentally
18 handicapped as to be dependent upon the fireman for support,
19 shall not render the child ineligible for child's disability
20 benefit. The fireman thereafter shall receive such annuity
21 or annuities as are provided for him in accordance with other
22 provisions of this Article.
23 (Source: P.A. 88-528.)
24 Section 90. The State Mandates Act is amended by adding
25 Section 8.24 as follows:
26 (30 ILCS 805/8.24 new)
27 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
28 and 8 of this Act, no reimbursement by the State is required
29 for the implementation of any mandate created by this
30 amendatory Act of the 91st General Assembly.
31 Section 99. Effective date. This Act takes effect upon
-4- LRB9111428EGfg
1 becoming law.