HB3162 EnrolledLRB103 30861 JDS 57372 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 5-154 and 6-151 as follows:
 
6    (40 ILCS 5/5-154)  (from Ch. 108 1/2, par. 5-154)
7    Sec. 5-154. Duty disability benefit; child's disability
8benefit.
9    (a) An active policeman who becomes disabled on or after
10the effective date as the result of injury incurred on or after
11such date in the performance of an act of duty, has a right to
12receive duty disability benefit during any period of such
13disability for which he does not have a right to receive
14salary, equal to 75% of his salary, as salary is defined in
15this Article, at the time the disability is allowed; or in the
16case of a policeman on duty disability who returns to active
17employment at any time for a period of at least 2 years and is
18again disabled from the same cause or causes, 75% of his
19salary, as salary is defined in this Article, at the time
20disability is allowed; provided, however, that:
21        (i) If the disability resulted from any physical
22    defect or mental disorder or any disease which existed at
23    the time the injury was sustained, or if the disability is

 

 

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1    less than 50% of total disability for any service of a
2    remunerative character, the duty disability benefit shall
3    be 50% of salary as defined in this Article.
4        (ii) Beginning January 1, 1996, no duty disability
5    benefit that has been payable under this Section for at
6    least 10 years shall be less than 50% of the current salary
7    attached from time to time to the rank held by the
8    policeman at the time of removal from the police
9    department payroll, regardless of whether that removal
10    occurred before the effective date of this amendatory Act
11    of 1995. Beginning on January 1, 2000, no duty disability
12    benefit that has been payable under this Section for at
13    least 7 years shall be less than 60% of the current salary
14    attached from time to time to the rank held by the
15    policeman at the time of removal from the police
16    department payroll, regardless of whether that removal
17    occurred before the effective date of this amendatory Act
18    of the 92nd General Assembly.
19        (iii) If the Board finds that the disability of the
20    policeman is of such a nature as to permanently render him
21    totally disabled for any service of a remunerative
22    character, the duty disability benefit shall be 75% of the
23    current salary attached from time to time to the rank held
24    by the policeman at the time of removal from the police
25    department payroll. In the case of a policeman receiving a
26    duty disability benefit under this Section on the

 

 

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1    effective date of this amendatory Act of the 92nd General
2    Assembly, the increase in benefit provided by this
3    amendatory Act, if any, shall begin to accrue as of the
4    date that the Board makes the required finding of
5    permanent total disability, regardless of whether removal
6    from the payroll occurred before the effective date of
7    this amendatory Act.
8    (b) The policeman shall also have a right to child's
9disability benefit of $100 per month for each unmarried child,
10the issue of the policeman, less than age 18, but the total
11amount of child's disability benefit shall not exceed 25% of
12his salary as defined in this Article. The increase in child's
13disability benefit provided by this amendatory Act of the 92nd
14General Assembly applies beginning January 1, 2000 to all such
15benefits payable on or after that date, regardless of whether
16the disabled policeman is in active service on or after the
17effective date of this amendatory Act.
18    (c) Duty disability benefit shall be payable until the
19policeman becomes age 63 or would have been retired by
20operation of law, whichever is later, and child's disability
21benefit shall be paid during any such period of disability
22until the child attains age 18. Thereafter the policeman shall
23receive the annuity provided in accordance with the other
24provisions of this Article.
25    (d) A policeman who suffers a heart attack during the
26performance and discharge of his or her duties as a policeman

 

 

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1shall be considered injured in the performance of an act of
2duty and shall be eligible for all benefits that the City
3provides for police officers injured in the performance of an
4act of duty. This subsection (d) is a restatement of existing
5law and applies without regard to whether the policeman is in
6service on or after the effective date of Public Act 89-12 or
7this amendatory Act of 1996.
8    (e) For the purposes of this Section only, any policeman
9who becomes disabled as a result of exposure to and
10contraction of COVID-19, as evidenced by either a confirmed
11positive laboratory test for COVID-19 or COVID-19 antibodies
12or a confirmed diagnosis of COVID-19 from a licensed medical
13professional, shall:
14        (1) be rebuttably presumed to have contracted COVID-19
15    while in the performance of an act or acts of duty;
16        (2) be rebuttably presumed to have been injured while
17    in the performance of an act or acts of duty; and
18        (3) be entitled to receive a duty disability benefit
19    during any period of such disability for which the
20    policeman does not have a right to receive salary, in an
21    amount equal to 75% of the policeman's salary, as salary
22    is defined in this Article, at the time the disability is
23    allowed, in accordance with subsection (a).
24    The presumption shall apply to any policeman who was
25exposed to and contracted COVID-19 on or after March 9, 2020
26and on or before June 30, 2021; except that the presumption

 

 

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1shall not apply if the policeman was on a leave of absence from
2his or her employment or otherwise not required to report for
3duty for a period of 14 or more consecutive days immediately
4prior to the date of contraction of COVID-19. For the purposes
5of determining when a policeman contracted COVID-19 under this
6paragraph, the date of contraction is either the date that the
7policeman was diagnosed with COVID-19 or was unable to work
8due to symptoms that were later diagnosed as COVID-19,
9whichever occurred first.
10    It is the intent of the General Assembly that the change
11made in this subsection (e) by this amendatory Act shall apply
12retroactively to March 9, 2020, and any policeman who has been
13previously denied a duty disability benefit that would
14otherwise be entitled to duty disability benefit under this
15subsection (e) shall be entitled to retroactive benefits and
16duty disability benefit.
17(Source: P.A. 92-52, eff. 7-12-01.)
 
18    (40 ILCS 5/6-151)  (from Ch. 108 1/2, par. 6-151)
19    Sec. 6-151. An active fireman who is or becomes disabled
20on or after the effective date as the result of a specific
21injury, or of cumulative injuries, or of specific sickness
22incurred in or resulting from an act or acts of duty, shall
23have the right to receive duty disability benefit during any
24period of such disability for which he does not receive or have
25a right to receive salary, equal to 75% of his salary at the

 

 

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1time the disability is allowed. However, beginning January 1,
21994, no duty disability benefit that has been payable under
3this Section for at least 10 years shall be less than 50% of
4the current salary attached from time to time to the rank and
5grade held by the fireman at the time of his removal from the
6Department payroll, regardless of whether that removal
7occurred before the effective date of this amendatory Act of
81993.
9    Whenever an active fireman is or becomes so injured or
10sick, as to require medical or hospital attention, the chief
11officer of the fire department of the city shall file, or cause
12to be filed, with the board a report of the nature and cause of
13his disability, together with the certificate or report of the
14physician attending or treating, or who attended or treated
15the fireman, and a copy of any hospital record concerning the
16disability. Any injury or sickness not reported to the board
17in time to permit the board's physician to examine the fireman
18before his recovery, and any injury or sickness for which a
19physician's report or copy of the hospital record is not on
20file with the board shall not be considered for the payment of
21duty disability benefit.
22    Such fireman shall also receive a child's disability
23benefit of $30 per month on account of each unmarried child,
24the issue of the fireman or legally adopted by him, who is less
25than 18 years of age or handicapped and dependent upon the
26fireman for support. The total amount of child's disability

 

 

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1benefit shall not exceed 25% of his salary at the time the
2disability is allowed.
3    The first payment of duty disability or child's disability
4benefit shall be made not later than one month after the
5benefit is granted. Each subsequent payment shall be made not
6later than one month after the date of the latest payment.
7    Duty disability benefit shall be payable during the period
8of the disability until the fireman reaches the age of
9compulsory retirement. Child's disability benefit shall be
10paid to such a fireman during the period of disability until
11such child or children attain age 18 or marries, whichever
12event occurs first; except that attainment of age 18 by a child
13who is so physically or mentally handicapped as to be
14dependent upon the fireman for support, shall not render the
15child ineligible for child's disability benefit. The fireman
16shall thereafter receive such annuity or annuities as are
17provided for him in accordance with other provisions of this
18Article.
19    For the purposes of this Section only, any fireman who
20becomes disabled as a result of exposure to and contraction of
21COVID-19, as evidenced by either a confirmed positive
22laboratory test for COVID-19 or COVID-19 antibodies or a
23confirmed diagnosis of COVID-19 from a licensed medical
24professional shall:
25        (1) be rebuttably presumed to have contracted COVID-19
26    while in the performance of an act or acts of duty;

 

 

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1        (2) be rebuttably presumed to have been injured while
2    in the performance of an act or acts of duty; and
3        (3) be entitled to receive a duty disability benefit
4    during any period of such disability for which the fireman
5    does not have a right to receive salary, in an amount equal
6    to 75% of the fireman's salary, as salary is defined in
7    this Article, at the time the disability is allowed, in
8    accordance with this Section.
9    The presumption shall apply to any fireman who was exposed
10to and contracted COVID-19 on or after March 9, 2020 and on or
11before June 30, 2021; except that the presumption shall not
12apply if the fireman was on a leave of absence from his or her
13employment or otherwise not required to report for duty for a
14period of 14 or more consecutive days immediately prior to the
15date of contraction of COVID-19. For the purposes of
16determining when a fireman contracted COVID-19 under this
17paragraph, the date of contraction is either the date that the
18fireman was diagnosed with COVID-19 or was unable to work due
19to symptoms that were later diagnosed as COVID-19, whichever
20occurred first.
21    It is the intent of the General Assembly that the change
22made by this amendatory Act shall apply retroactively to March
239, 2020, and any fireman who has been previously denied a duty
24disability benefit that would otherwise be entitled to duty
25disability benefit under this Section shall be entitled to
26retroactive benefits and duty disability benefit.

 

 

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1(Source: P.A. 95-279, eff. 1-1-08.)
 
2    Section 90. The State Mandates Act is amended by adding
3Section 8.47 as follows:
 
4    (30 ILCS 805/8.47 new)
5    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
68 of this Act, no reimbursement by the State is required for
7the implementation of any mandate created by this amendatory
8Act of the 103rd General Assembly.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.