Public Act 103-0052
 
HB3769 EnrolledLRB103 28960 BMS 55346 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Insurance Code is amended by
changing Section 367f as follows:
 
    (215 ILCS 5/367f)  (from Ch. 73, par. 979f)
    Sec. 367f. Firefighters' Firemen's continuance privilege.
As used in this Section:
    1. The terms "municipality", "deferred pensioner" and
"creditable service" shall have the meaning ascribed to such
terms by Sections 4-103, 4-105a and 4-108, respectively, of
the Illinois Pension Code, as now or hereafter amended.
    2. "Firefighter" means a person who is a "firefighter" as
defined in Section 4-106 of the Illinois Pension Code, a
paramedic who is employed by a unit of local government, or an
emergency medical technician, emergency medical
technician-basic, emergency medical technician-intermediate,
or advanced emergency medical technician who is employed by a
unit of local government. The terms "fireman" and "firemen"
shall have the meaning ascribed to the term "firefighter" by
Section 4-106 of the Illinois Pension Code, and include those
persons under the coverage of Article 4 of that Code, as
heretofore or hereafter amended.
    3. The "retirement or disability period" of a firefighter
fireman means the period:
        a. which begins on the day the firefighter fireman is
    removed from a municipality's fire department payroll
    because of the occurrence of any of the following events,
    to wit: (i) the firefighter fireman retires as a deferred
    pensioner under Section 4-105a of the Illinois Pension
    Code, (ii) the firefighter fireman retires from active
    service as a firefighter fireman with an attained age and
    accumulated creditable service which together qualify the
    firefighter fireman for immediate receipt of retirement
    pension benefits under Section 4-109 of the Illinois
    Pension Code, or (iii) the firefighter's fireman's
    disability is established under Section 4-112 of the
    Illinois Pension Code; and
        b. which ends on the first to occur of any of the
    following events, to wit: (i) the firefighter's fireman's
    reinstatement or reentry into active service on the
    municipality's fire department as provided for under
    Article 4 of the Illinois Pension Code, (ii) the
    firefighter's fireman's exercise of any refund option
    available under Section 4-116 of the Illinois Pension
    Code, (iii) the firefighter's fireman's loss pursuant to
    Section 4-138 of the Illinois Pension Code of any benefits
    provided for in Article 4 of that Code, or (iv) the
    firefighter's fireman's death or -- if at the time of the
    firefighter's fireman's death the firefighter fireman is
    survived by a spouse who, in that capacity, is entitled to
    receive a surviving spouse's monthly pension pursuant to
    Article 4 of the Illinois Pension Code -- then the death or
    remarriage of that spouse.
    No policy of group accident and health insurance under
which firefighters firemen employed by a municipality are
insured for their individual benefit shall be issued or
delivered in this State to any municipality unless such group
policy provides for the election of continued group insurance
coverage for the retirement or disability period of each
firefighter fireman who is insured under the provisions of the
group policy on the day immediately preceding the day on which
the retirement or disability period of such firefighter
fireman begins. So long as any required premiums for continued
group insurance coverage are paid in accordance with the
provisions of the group policy, an election made pursuant to
this Section shall provide continued group insurance coverage
for a firefighter fireman throughout the retirement or
disability period of the firefighter fireman and, unless the
firefighter fireman otherwise elects and subject to any other
provisions of the group policy which relate either to the
provision or to the termination of dependents' coverage and
which are not inconsistent with this Section, for any
dependents of the firefighter fireman who are insured under
the group policy on the day immediately preceding the day on
which the retirement or disability period of the firefighter
fireman begins; provided, however, that when such continued
group insurance coverage is in effect with respect to a
firefighter fireman on the date of the firefighter's fireman's
death but the retirement or disability period of the
firefighter fireman does not end with such firefighter's
fireman's death, then the deceased firefighter's fireman's
surviving spouse upon whose death or remarriage such
retirement or disability period will end shall be entitled,
without further election and upon payment of any required
premiums in accordance with the provisions of the group
policy, to maintain such continued group insurance coverage in
effect until the end of such retirement or disability period.
Continued group insurance coverage shall be provided in
accordance with this Section at the same premium rate from
time to time charged for equivalent coverage provided under
the group policy with respect to covered firefighters firemen
whose retirement or disability period has not begun, and no
distinction or discrimination in the amount or rate of
premiums or in any waiver of premium or other benefit
provision shall be made between continued group insurance
coverage elected pursuant to this Section and equivalent
coverage provided to firefighters firemen under the group
policy other than pursuant to the provisions of this Section;
provided that no municipality shall be required by reason of
any provision of this Section to pay any group insurance
premium other than one that may be negotiated in a collective
bargaining agreement. If a person electing continued coverage
under this Section becomes eligible for medicare coverage,
benefits under the group policy may continue as a supplement
to the medicare coverage upon payment of any required premiums
to maintain the benefits of the group policy as supplemental
coverage.
    Within 15 days of the beginning of the retirement or
disability period of any firefighter fireman entitled to elect
continued group insurance coverage under any group policy
affected by this Section, the municipality last employing such
firefighter fireman shall give written notice of such
beginning by certified mail, return receipt requested to the
insurance company issuing such policy. The notice shall
include the firefighter's fireman's name and last known place
of residence and the beginning date of the firefighter's
fireman's retirement or disability period.
    Within 15 days of the date of receipt of such notice from
the municipality, the insurance company by certified mail,
return receipt requested, shall give written notice to the
firefighter fireman at the firefighter's fireman's last known
place of residence that coverage under the group policy may be
continued for the retirement or disability period of the
firefighter fireman as provided in this Section. Such notice
shall set forth: (i) a statement of election to be filed by the
firefighter fireman if the firefighter fireman wishes to
continue such group insurance coverage, (ii) the amount of
monthly premium, including a statement of the portion of such
monthly premium attributable to any dependents' coverage which
the firefighter fireman may elect, and (iii) instructions as
to the return of the election form to the insurance company
issuing such policy. Election shall be made, if at all, by
returning the statement of election to the insurance company
by certified mail, return receipt requested within 15 days
after having received it.
    If the firefighter fireman elects to continue coverage, it
shall be the obligation of the firefighter fireman to pay the
monthly premium directly to the municipality which shall
forward it to the insurance company issuing the group
insurance policy, or as otherwise directed by the insurance
company; provided, however, that the firefighter fireman shall
be entitled to designate on the statement of election required
to be filed with the insurance company that the total monthly
premium, or such portion thereof as is not contributed by a
municipality, be deducted by a Firefighter's Pension Fund from
any monthly pension payment otherwise payable to or on behalf
of the firefighter fireman pursuant to Article 4 of the
Illinois Pension Code, and be remitted by such Pension Fund to
the insurance company. The portion, if any, of the monthly
premium contributed by a municipality for such continued group
insurance coverage shall be paid by the municipality directly
to the insurance company issuing the group insurance policy,
or as otherwise directed by the insurance company. Such
continued group insurance coverage shall relate back to the
beginning of the firefighter's fireman's retirement or
disability period.
    The amendment, renewal or extension of any group insurance
policy affected by this Section shall be deemed to be the
issuance of a new policy of insurance for purposes of this
Section.
    In the event that a municipality makes a program of
accident, health, hospital or medical benefits available to
its firefighters firemen through self-insurance, or by
participation in a pool or reciprocal insurer, or by contract
in a form other than a policy of group insurance with one or
more medical service plans, health care service corporations,
health maintenance organizations, or any other professional
corporations or plans under which health care or reimbursement
for the costs thereof is provided, whether the cost of such
benefits is borne by the municipality or the firefighters
firemen or both, such firefighters firemen and their surviving
spouses shall have the same right to elect continued coverage
under such program of benefits as they would have if such
benefits were provided by a policy of group accident and
health insurance. In such cases, the notice of right to elect
continued coverage shall be sent by the municipality; the
statement of election shall be sent to the municipality; and
references to the required premium shall refer to that portion
of the cost of such benefits which is not borne by the
municipality, either voluntarily or pursuant to the provisions
of a collective bargaining agreement. In the case of a
municipality providing such benefits through self-insurance or
participation in a pool or reciprocal insurer, the right to
elect continued coverage which is provided by this paragraph
shall be implemented and made available to the firefighters
firemen of the municipality and qualifying surviving spouses
not later than July 1, 1985.
    The amendment, renewal or extension of any such contract
in a form other than a policy of group insurance policy shall
be deemed the formation of a new contract for the purposes of
this Section.
    This Section shall not limit the exercise of any
conversion privileges available under Section 367e.
    Pursuant to paragraphs (h) and (i) of Section 6 of Article
VII of the Illinois Constitution, this Section specifically
denies and limits the exercise by a home rule unit of any power
which is inconsistent with this Section and all existing laws
and ordinances which are inconsistent with this Section are
hereby superseded. This Section does not preempt the
concurrent exercise by home rule units of powers consistent
herewith.
    The Division of Insurance of the Department of Financial
and Professional Regulation shall enforce the provisions of
this Section, including provisions relating to municipality
self-insured benefit plans.
(Source: P.A. 94-858, eff. 6-15-06.)