Illinois General Assembly - Full Text of HB3769
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Full Text of HB3769  103rd General Assembly




HB3769 EnrolledLRB103 28960 BMS 55346 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Insurance Code is amended by
5changing Section 367f as follows:
6    (215 ILCS 5/367f)  (from Ch. 73, par. 979f)
7    Sec. 367f. Firefighters' Firemen's continuance privilege.
8As used in this Section:
9    1. The terms "municipality", "deferred pensioner" and
10"creditable service" shall have the meaning ascribed to such
11terms by Sections 4-103, 4-105a and 4-108, respectively, of
12the Illinois Pension Code, as now or hereafter amended.
13    2. "Firefighter" means a person who is a "firefighter" as
14defined in Section 4-106 of the Illinois Pension Code, a
15paramedic who is employed by a unit of local government, or an
16emergency medical technician, emergency medical
17technician-basic, emergency medical technician-intermediate,
18or advanced emergency medical technician who is employed by a
19unit of local government. The terms "fireman" and "firemen"
20shall have the meaning ascribed to the term "firefighter" by
21Section 4-106 of the Illinois Pension Code, and include those
22persons under the coverage of Article 4 of that Code, as
23heretofore or hereafter amended.



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1    3. The "retirement or disability period" of a firefighter
2fireman means the period:
3        a. which begins on the day the firefighter fireman is
4    removed from a municipality's fire department payroll
5    because of the occurrence of any of the following events,
6    to wit: (i) the firefighter fireman retires as a deferred
7    pensioner under Section 4-105a of the Illinois Pension
8    Code, (ii) the firefighter fireman retires from active
9    service as a firefighter fireman with an attained age and
10    accumulated creditable service which together qualify the
11    firefighter fireman for immediate receipt of retirement
12    pension benefits under Section 4-109 of the Illinois
13    Pension Code, or (iii) the firefighter's fireman's
14    disability is established under Section 4-112 of the
15    Illinois Pension Code; and
16        b. which ends on the first to occur of any of the
17    following events, to wit: (i) the firefighter's fireman's
18    reinstatement or reentry into active service on the
19    municipality's fire department as provided for under
20    Article 4 of the Illinois Pension Code, (ii) the
21    firefighter's fireman's exercise of any refund option
22    available under Section 4-116 of the Illinois Pension
23    Code, (iii) the firefighter's fireman's loss pursuant to
24    Section 4-138 of the Illinois Pension Code of any benefits
25    provided for in Article 4 of that Code, or (iv) the
26    firefighter's fireman's death or -- if at the time of the



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1    firefighter's fireman's death the firefighter fireman is
2    survived by a spouse who, in that capacity, is entitled to
3    receive a surviving spouse's monthly pension pursuant to
4    Article 4 of the Illinois Pension Code -- then the death or
5    remarriage of that spouse.
6    No policy of group accident and health insurance under
7which firefighters firemen employed by a municipality are
8insured for their individual benefit shall be issued or
9delivered in this State to any municipality unless such group
10policy provides for the election of continued group insurance
11coverage for the retirement or disability period of each
12firefighter fireman who is insured under the provisions of the
13group policy on the day immediately preceding the day on which
14the retirement or disability period of such firefighter
15fireman begins. So long as any required premiums for continued
16group insurance coverage are paid in accordance with the
17provisions of the group policy, an election made pursuant to
18this Section shall provide continued group insurance coverage
19for a firefighter fireman throughout the retirement or
20disability period of the firefighter fireman and, unless the
21firefighter fireman otherwise elects and subject to any other
22provisions of the group policy which relate either to the
23provision or to the termination of dependents' coverage and
24which are not inconsistent with this Section, for any
25dependents of the firefighter fireman who are insured under
26the group policy on the day immediately preceding the day on



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1which the retirement or disability period of the firefighter
2fireman begins; provided, however, that when such continued
3group insurance coverage is in effect with respect to a
4firefighter fireman on the date of the firefighter's fireman's
5death but the retirement or disability period of the
6firefighter fireman does not end with such firefighter's
7fireman's death, then the deceased firefighter's fireman's
8surviving spouse upon whose death or remarriage such
9retirement or disability period will end shall be entitled,
10without further election and upon payment of any required
11premiums in accordance with the provisions of the group
12policy, to maintain such continued group insurance coverage in
13effect until the end of such retirement or disability period.
14Continued group insurance coverage shall be provided in
15accordance with this Section at the same premium rate from
16time to time charged for equivalent coverage provided under
17the group policy with respect to covered firefighters firemen
18whose retirement or disability period has not begun, and no
19distinction or discrimination in the amount or rate of
20premiums or in any waiver of premium or other benefit
21provision shall be made between continued group insurance
22coverage elected pursuant to this Section and equivalent
23coverage provided to firefighters firemen under the group
24policy other than pursuant to the provisions of this Section;
25provided that no municipality shall be required by reason of
26any provision of this Section to pay any group insurance



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1premium other than one that may be negotiated in a collective
2bargaining agreement. If a person electing continued coverage
3under this Section becomes eligible for medicare coverage,
4benefits under the group policy may continue as a supplement
5to the medicare coverage upon payment of any required premiums
6to maintain the benefits of the group policy as supplemental
8    Within 15 days of the beginning of the retirement or
9disability period of any firefighter fireman entitled to elect
10continued group insurance coverage under any group policy
11affected by this Section, the municipality last employing such
12firefighter fireman shall give written notice of such
13beginning by certified mail, return receipt requested to the
14insurance company issuing such policy. The notice shall
15include the firefighter's fireman's name and last known place
16of residence and the beginning date of the firefighter's
17fireman's retirement or disability period.
18    Within 15 days of the date of receipt of such notice from
19the municipality, the insurance company by certified mail,
20return receipt requested, shall give written notice to the
21firefighter fireman at the firefighter's fireman's last known
22place of residence that coverage under the group policy may be
23continued for the retirement or disability period of the
24firefighter fireman as provided in this Section. Such notice
25shall set forth: (i) a statement of election to be filed by the
26firefighter fireman if the firefighter fireman wishes to



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1continue such group insurance coverage, (ii) the amount of
2monthly premium, including a statement of the portion of such
3monthly premium attributable to any dependents' coverage which
4the firefighter fireman may elect, and (iii) instructions as
5to the return of the election form to the insurance company
6issuing such policy. Election shall be made, if at all, by
7returning the statement of election to the insurance company
8by certified mail, return receipt requested within 15 days
9after having received it.
10    If the firefighter fireman elects to continue coverage, it
11shall be the obligation of the firefighter fireman to pay the
12monthly premium directly to the municipality which shall
13forward it to the insurance company issuing the group
14insurance policy, or as otherwise directed by the insurance
15company; provided, however, that the firefighter fireman shall
16be entitled to designate on the statement of election required
17to be filed with the insurance company that the total monthly
18premium, or such portion thereof as is not contributed by a
19municipality, be deducted by a Firefighter's Pension Fund from
20any monthly pension payment otherwise payable to or on behalf
21of the firefighter fireman pursuant to Article 4 of the
22Illinois Pension Code, and be remitted by such Pension Fund to
23the insurance company. The portion, if any, of the monthly
24premium contributed by a municipality for such continued group
25insurance coverage shall be paid by the municipality directly
26to the insurance company issuing the group insurance policy,



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1or as otherwise directed by the insurance company. Such
2continued group insurance coverage shall relate back to the
3beginning of the firefighter's fireman's retirement or
4disability period.
5    The amendment, renewal or extension of any group insurance
6policy affected by this Section shall be deemed to be the
7issuance of a new policy of insurance for purposes of this
9    In the event that a municipality makes a program of
10accident, health, hospital or medical benefits available to
11its firefighters firemen through self-insurance, or by
12participation in a pool or reciprocal insurer, or by contract
13in a form other than a policy of group insurance with one or
14more medical service plans, health care service corporations,
15health maintenance organizations, or any other professional
16corporations or plans under which health care or reimbursement
17for the costs thereof is provided, whether the cost of such
18benefits is borne by the municipality or the firefighters
19firemen or both, such firefighters firemen and their surviving
20spouses shall have the same right to elect continued coverage
21under such program of benefits as they would have if such
22benefits were provided by a policy of group accident and
23health insurance. In such cases, the notice of right to elect
24continued coverage shall be sent by the municipality; the
25statement of election shall be sent to the municipality; and
26references to the required premium shall refer to that portion



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1of the cost of such benefits which is not borne by the
2municipality, either voluntarily or pursuant to the provisions
3of a collective bargaining agreement. In the case of a
4municipality providing such benefits through self-insurance or
5participation in a pool or reciprocal insurer, the right to
6elect continued coverage which is provided by this paragraph
7shall be implemented and made available to the firefighters
8firemen of the municipality and qualifying surviving spouses
9not later than July 1, 1985.
10    The amendment, renewal or extension of any such contract
11in a form other than a policy of group insurance policy shall
12be deemed the formation of a new contract for the purposes of
13this Section.
14    This Section shall not limit the exercise of any
15conversion privileges available under Section 367e.
16    Pursuant to paragraphs (h) and (i) of Section 6 of Article
17VII of the Illinois Constitution, this Section specifically
18denies and limits the exercise by a home rule unit of any power
19which is inconsistent with this Section and all existing laws
20and ordinances which are inconsistent with this Section are
21hereby superseded. This Section does not preempt the
22concurrent exercise by home rule units of powers consistent
24    The Division of Insurance of the Department of Financial
25and Professional Regulation shall enforce the provisions of
26this Section, including provisions relating to municipality



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1self-insured benefit plans.
2(Source: P.A. 94-858, eff. 6-15-06.)