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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 | Section 6-151.1 as follows:
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6 | (40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
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7 | Sec. 6-151.1. Occupational disease disability
benefit.
The | ||||||||||||||||||||||||||
8 | General Assembly finds and declares that service in the
Fire | ||||||||||||||||||||||||||
9 | Department requires that firemen, in times of stress and | ||||||||||||||||||||||||||
10 | danger, must
perform unusual tasks; that by reason of their | ||||||||||||||||||||||||||
11 | occupation, firemen are subject
to exposure to great heat and | ||||||||||||||||||||||||||
12 | to extreme cold in certain seasons while in
performance of | ||||||||||||||||||||||||||
13 | their duties; that by reason of their employment firemen are
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14 | required to work in the midst of and are subject to heavy smoke | ||||||||||||||||||||||||||
15 | fumes and
carcinogenic, poisonous, toxic or chemical gases from | ||||||||||||||||||||||||||
16 | fires; and that in the
course of their rescue and paramedic | ||||||||||||||||||||||||||
17 | duties firemen are exposed to disabling
infectious diseases, | ||||||||||||||||||||||||||
18 | including AIDS, hepatitis C, and stroke. The General
Assembly | ||||||||||||||||||||||||||
19 | further finds and declares that all the aforementioned | ||||||||||||||||||||||||||
20 | conditions
exist and arise out of or in the course of such | ||||||||||||||||||||||||||
21 | employment.
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22 | Any active fireman who has completed 7 or more years of | ||||||||||||||||||||||||||
23 | service
and is unable to perform his duties in the Fire |
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1 | Department by reason of heart
disease, tuberculosis, any | ||||||
2 | disease of the lungs or respiratory
tract, AIDS, hepatitis C, | ||||||
3 | or stroke resulting from his service
as a fireman, shall be | ||||||
4 | entitled to receive an occupational disease disability
benefit | ||||||
5 | during any period of such disability for which he does not have | ||||||
6 | a right
to receive salary.
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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 a
disabling cancer, which develops or | ||||||
10 | manifests itself during a period while
the fireman is in the | ||||||
11 | service of the department, shall be entitled to
receive an | ||||||
12 | occupational disease disability benefit during any period of
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13 | such disability for which he does not have a right to receive | ||||||
14 | salary. In
order to receive this occupational disease | ||||||
15 | disability benefit, the type of
cancer involved must be a type | ||||||
16 | which may be caused by exposure to heat,
radiation or a known | ||||||
17 | carcinogen as defined by the International Agency for
Research | ||||||
18 | on Cancer.
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19 | Any fireman who shall enter the service after the effective | ||||||
20 | date of this
amendatory Act shall be examined by one or more | ||||||
21 | practicing physicians appointed
by the Board, and if that
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22 | examination discloses impairment of
the heart, lungs, or | ||||||
23 | respiratory tract, or the existence of AIDS,
hepatitis C, | ||||||
24 | stroke, or cancer, then the fireman shall
not be
entitled to | ||||||
25 | receive an occupational disease disability benefit unless and
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26 | until a subsequent examination reveals no such impairment, |
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1 | AIDS,
hepatitis C, stroke, or cancer.
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2 | The occupational disease disability benefit shall be 65% of | ||||||
3 | the
fireman's salary at the time of his removal from the | ||||||
4 | Department payroll.
However, beginning January 1, 1994, no | ||||||
5 | occupational disease disability
benefit that has been payable | ||||||
6 | under this Section for at least 10 years shall be
less than 50% | ||||||
7 | of the current salary attached from time to time to the rank | ||||||
8 | and
grade held by the fireman at the time of his removal from | ||||||
9 | the Department
payroll, regardless of whether that removal | ||||||
10 | occurred before the effective date
of this amendatory Act of | ||||||
11 | 1993.
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12 | Such fireman also shall have a right to receive child's | ||||||
13 | disability
benefit of $30 per month on account of each | ||||||
14 | unmarried child who is less than
18 years of age or | ||||||
15 | handicapped, dependent upon the fireman for support, and
either | ||||||
16 | the issue of the fireman or legally adopted by him. The total
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17 | amount of child's disability benefit payable to the fireman, | ||||||
18 | when added to
his occupational disease disability benefit, | ||||||
19 | shall not exceed 75% of the
amount of salary which he was | ||||||
20 | receiving at the time of the grant of
occupational disease | ||||||
21 | disability benefit.
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22 | The first payment of occupational disease disability | ||||||
23 | benefit or
child's disability benefit shall be made not later | ||||||
24 | than one month after
the benefit is granted. Each subsequent | ||||||
25 | payment shall be made not later
than one month after the date | ||||||
26 | of the latest payment.
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1 | Occupational disease disability benefit shall be payable | ||||||
2 | during the
period of the disability until the fireman reaches | ||||||
3 | the age of compulsory
retirement. Child's disability benefit | ||||||
4 | shall be paid to such a fireman
during the period of disability | ||||||
5 | until such child or children attain age
18 or marry, whichever | ||||||
6 | event occurs first; except that attainment of age
18 by a child | ||||||
7 | who is so physically or mentally handicapped as to be
dependent | ||||||
8 | upon the fireman for support, shall not render the child
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9 | ineligible for child's disability benefit. The fireman | ||||||
10 | thereafter shall
receive such annuity or annuities as are | ||||||
11 | provided for him in accordance
with other provisions of this | ||||||
12 | Article.
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13 | If a fireman who is unable to perform his or her duties | ||||||
14 | because of an occupational disease or disability dies within | ||||||
15 | the initial one-year period during which he or she continues to | ||||||
16 | receive salary rather than an occupational disease disability
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17 | benefit, the fireman's surviving spouse may elect to receive | ||||||
18 | the same benefits (including health care benefits) as he or she | ||||||
19 | would have qualified for if the deceased fireman had been | ||||||
20 | receiving an occupational disease disability
benefit at the | ||||||
21 | time of death.
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22 | (Source: P.A. 93-654, eff. 1-16-04.)
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23 | Section 90. The State Mandates Act is amended by adding | ||||||
24 | Section 8.32 as follows: |
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1 | (30 ILCS 805/8.32 new) | ||||||
2 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
3 | of this Act, no reimbursement by the State is required for the | ||||||
4 | implementation of any mandate created by this amendatory Act of | ||||||
5 | the 95th General Assembly.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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