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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 6-151 and 6-151.1 as follows:
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6 | (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
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7 | Sec. 6-151. Duty disability benefits.
An active fireman who | ||||||||||||||||||||||||||||
8 | is or becomes disabled on or after the
effective date as the | ||||||||||||||||||||||||||||
9 | result of a specific injury, or of cumulative
injuries, or of | ||||||||||||||||||||||||||||
10 | specific sickness incurred in or resulting from an act or
acts | ||||||||||||||||||||||||||||
11 | of duty, shall have the right to receive duty disability | ||||||||||||||||||||||||||||
12 | benefit
during any period of such disability for which he does | ||||||||||||||||||||||||||||
13 | not receive or have
a right to receive salary . Beginning on | ||||||||||||||||||||||||||||
14 | January 1, 2008, no duty disability benefit that is payable | ||||||||||||||||||||||||||||
15 | under this Section shall be less than 75% of the current salary | ||||||||||||||||||||||||||||
16 | attached from time to time
to the rank and grade held by the | ||||||||||||||||||||||||||||
17 | fireman at the time of removal from the Department payroll, | ||||||||||||||||||||||||||||
18 | regardless of whether that removal occurred before the | ||||||||||||||||||||||||||||
19 | effective date of this amendatory Act of the 95th General | ||||||||||||||||||||||||||||
20 | Assembly.
, equal to 75% of his salary at the time the
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21 | disability is allowed. However, beginning January 1, 1994, no
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22 | duty disability benefit that has been payable under this | ||||||||||||||||||||||||||||
23 | Section for at least
10 years shall be less than 50%
of the |
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1 | current salary attached from time to time to the rank and grade | ||||||
2 | held
by the fireman at the time of his removal from the | ||||||
3 | Department payroll,
regardless of whether that removal | ||||||
4 | occurred before the effective date of
this amendatory Act of | ||||||
5 | 1993.
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6 | Whenever an active fireman is or becomes so injured or | ||||||
7 | sick, as to
require medical or hospital attention, the chief | ||||||
8 | officer of the fire
department of the city shall file, or cause | ||||||
9 | to be filed, with the board a
report of the nature and cause of | ||||||
10 | his disability, together with the
certificate or report of the | ||||||
11 | physician attending or treating, or who
attended or treated the | ||||||
12 | fireman, and a copy of any hospital record
concerning the | ||||||
13 | disability. Any injury or sickness not reported to the board
in | ||||||
14 | time to permit the board's physician to examine the fireman | ||||||
15 | before his
recovery, and any injury or sickness for which a | ||||||
16 | physician's report or copy
of the hospital record is not on | ||||||
17 | file with the board shall not be
considered for the payment of | ||||||
18 | duty disability benefit.
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19 | Such fireman shall also receive a child's disability | ||||||
20 | benefit of $30 per
month on account of each unmarried child, | ||||||
21 | the issue of the fireman or
legally adopted by him prior to the | ||||||
22 | date of disability, who is less
than 18 years of age or | ||||||
23 | handicapped and dependent upon the fireman for
support. The | ||||||
24 | total amount of child's disability benefit shall not exceed
25% | ||||||
25 | of his salary at the time the disability is allowed.
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26 | The first payment of duty disability or child's disability |
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1 | benefit shall
be made not later than one month after the | ||||||
2 | benefit is granted. Each
subsequent payment shall be made not | ||||||
3 | later than one month after the date of
the latest payment.
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4 | Duty disability benefit shall be payable during the period | ||||||
5 | of the
disability until the fireman reaches the age of | ||||||
6 | compulsory retirement.
Child's disability benefit shall be | ||||||
7 | paid to such a fireman during the
period of disability until | ||||||
8 | such child or children attain age 18 or marries,
whichever | ||||||
9 | event occurs first; except that attainment of age 18 by a child
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10 | who is so physically or mentally handicapped as to be dependent | ||||||
11 | upon the
fireman for support, shall not render the child | ||||||
12 | ineligible for child's
disability benefit. The fireman shall | ||||||
13 | thereafter receive such
annuity or annuities as are provided | ||||||
14 | for him in accordance with other
provisions of this Article.
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15 | (Source: P.A. 88-528.)
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16 | (40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
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17 | Sec. 6-151.1. Occupational disease disability benefits.
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18 | The General Assembly finds and declares that service in the
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19 | Fire Department requires that firemen, in times of stress and | ||||||
20 | danger, must
perform unusual tasks; that by reason of their | ||||||
21 | occupation, firemen are subject
to exposure to great heat and | ||||||
22 | to extreme cold in certain seasons while in
performance of | ||||||
23 | their duties; that by reason of their employment firemen are
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24 | required to work in the midst of and are subject to heavy smoke | ||||||
25 | fumes and
carcinogenic, poisonous, toxic or chemical gases from |
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1 | fires; and that in the
course of their rescue and paramedic | ||||||
2 | duties firemen are exposed to disabling
infectious diseases, | ||||||
3 | including AIDS, hepatitis C, and stroke. The General
Assembly | ||||||
4 | further finds and declares that all the aforementioned | ||||||
5 | conditions
exist and arise out of or in the course of such | ||||||
6 | employment.
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7 | Any active fireman who has completed 7 or more years of | ||||||
8 | service
and is unable to perform his duties in the Fire | ||||||
9 | Department by reason of heart
disease, tuberculosis, any | ||||||
10 | disease of the lungs or respiratory
tract, AIDS, hepatitis C, | ||||||
11 | or stroke resulting from his service
as a fireman, shall be | ||||||
12 | entitled to receive an occupational disease disability
benefit | ||||||
13 | during any period of such disability for which he does not have | ||||||
14 | a right
to receive salary.
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15 | Any active fireman who has completed 7 or more years of | ||||||
16 | service
and is unable to perform his duties in the fire | ||||||
17 | department by reason of a
disabling cancer, which develops or | ||||||
18 | manifests itself during a period while
the fireman is in the | ||||||
19 | service of the department, shall be entitled to
receive an | ||||||
20 | occupational disease disability benefit during any period of
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21 | such disability for which he does not have a right to receive | ||||||
22 | salary. In
order to receive this occupational disease | ||||||
23 | disability benefit, the type of
cancer involved must be a type | ||||||
24 | which may be caused by exposure to heat,
radiation or a known | ||||||
25 | carcinogen as defined by the International Agency for
Research | ||||||
26 | on Cancer.
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1 | Any fireman who shall enter the service after the effective | ||||||
2 | date of this
amendatory Act shall be examined by one or more | ||||||
3 | practicing physicians appointed
by the Board, and if that
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4 | examination discloses impairment of
the heart, lungs, or | ||||||
5 | respiratory tract, or the existence of AIDS,
hepatitis C, | ||||||
6 | stroke, or cancer, then the fireman shall
not be
entitled to | ||||||
7 | receive an occupational disease disability benefit unless and
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8 | until a subsequent examination reveals no such impairment, | ||||||
9 | AIDS,
hepatitis C, stroke, or cancer.
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10 | The occupational disease disability benefit shall be 65% of | ||||||
11 | the
current
fireman's salary attached from time to time to the | ||||||
12 | rank and grade held by the fireman at the time of his or her
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13 | removal from the Department payroll .
However, beginning | ||||||
14 | January 1, 1994 , no occupational disease disability
benefit | ||||||
15 | that has been payable under this Section for at least 10 years | ||||||
16 | shall be
less than 50% of the current salary attached from time | ||||||
17 | to time to the rank and
grade held by the fireman at the time of | ||||||
18 | his removal from the Department
payroll, regardless of whether | ||||||
19 | that removal occurred before the effective date
of this | ||||||
20 | amendatory Act of 1993.
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21 | Such fireman also shall have a right to receive child's | ||||||
22 | disability
benefit of $30 per month on account of each | ||||||
23 | unmarried child who is less than
18 years of age or | ||||||
24 | handicapped, dependent upon the fireman for support, and
either | ||||||
25 | the issue of the fireman or legally adopted by him. The total
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26 | amount of child's disability benefit payable to the fireman, |
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1 | when added to
his occupational disease disability benefit, | ||||||
2 | shall not exceed 75% of the
amount of salary which he was | ||||||
3 | receiving at the time of the grant of
occupational disease | ||||||
4 | disability benefit.
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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.
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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 disability | ||||||
14 | until such child or children attain age
18 or marry, whichever | ||||||
15 | event occurs first; except that attainment of age
18 by a child | ||||||
16 | who is so physically or mentally handicapped as to be
dependent | ||||||
17 | upon the fireman for support, shall not render the child
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18 | ineligible for child's disability benefit. The fireman | ||||||
19 | thereafter shall
receive such annuity or annuities as are | ||||||
20 | provided for him in accordance
with other provisions of this | ||||||
21 | Article.
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22 | The changes made to this Section by this amendatory Act of | ||||||
23 | the 95th General Assembly apply without regard to whether the | ||||||
24 | fireman was in service on or after its effective date. In the | ||||||
25 | case of a person who is receiving an occupational disease
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26 | disability benefit on the effective date of this amendatory Act |
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1 | of the 95th General Assembly, the increase, if any, shall begin | ||||||
2 | to accrue on the first benefit payment date following that | ||||||
3 | effective date.
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4 | (Source: P.A. 93-654, eff. 1-16-04.)
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5 | Section 90. The State Mandates Act is amended by adding | ||||||
6 | Section 8.31 as follows: | ||||||
7 | (30 ILCS 805/8.31 new) | ||||||
8 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
9 | of this Act, no reimbursement by the State is required for the | ||||||
10 | implementation of any mandate created by this amendatory Act of | ||||||
11 | the 95th General Assembly.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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