Illinois General Assembly - Full Text of HB0275
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Full Text of HB0275  102nd General Assembly


Sen. Robert F. Martwick

Filed: 5/27/2021





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2    AMENDMENT NO. ______. Amend House Bill 275 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Pension Code is amended by adding
5Section 3-110.11a and by changing Section 8-151 as follows:
6    (40 ILCS 5/3-110.11a new)
7    Sec. 3-110.11a. Optional credit under Article 5. A police
8officer may establish optional credit for up to 5 years of
9service as a participant under Article 5, provided that the
10police officer (i) was certified under the law governing the
11certification of police officers at the time the service was
12rendered, (ii) applies in writing on or before December 31,
132023, (iii) supplies satisfactory evidence of the employment,
14(iv) completes 10 years of contributing service as a police
15officer as defined in Section 3-106, and (v) pays into the fund
16the amount the police officer would have contributed if he or



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1she had been a regular contributor during such period, plus an
2amount determined by the Board to be equal to the
3municipality's normal cost of the benefit, plus interest at
4the actuarially assumed rate calculated from the date the
5employee last became a police officer under this Article.
6    A police officer may not establish credit under this
7Section for any service for which the police officer is
8eligible to receive benefits under Article 5 of this Code.
9    (40 ILCS 5/8-151)  (from Ch. 108 1/2, par. 8-151)
10    Sec. 8-151. Compensation annuity and supplemental annuity.
11    When annuity otherwise provided in this Article for the
12widow of an employee whose death results solely from injury
13incurred in the performance of an act of duty is less than 60%
14of his salary in effect at the time of the injury,
15"Compensation Annuity" equal to the difference between such
16annuity and 60% of such salary, shall be payable to her until
17the date when the employee, if alive, would have attained age
1865; and in any case where the employee's death is only partly
19due to the duty incurred injury, the "Compensation Annuity"
20shall be based on an amount equal to 40% of such salary.
21    Thereafter, the widow shall be entitled to "Supplemental
22Annuity" equal to the difference between the annuity otherwise
23provided in this Article and the annuity to which she would be
24entitled if the employee had lived and continued in the
25service at the salary in effect at the date of the injury until



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1he attained age 65, and based upon her age as it would be on
2the date he would have attained 65.
3    "Compensation" or "Supplemental Annuity" shall not be
4payable unless the widow was the wife of the employee when the
5injury was incurred.
6    The city shall contribute to the fund each year the amount
7required for all compensation annuities payable during any
8such year. Supplemental Annuity shall be provided from city
9contributions after the date of the employee's death of such
10equal sums annually which when improved by interest at the
11effective rate, will be sufficient, at the time payment of
12Compensation Annuity to the widow ceases to provide
13Supplemental Annuity, as stated, for the widow throughout her
14life thereafter.
15    Unless the performance of an act or acts of duty results
16solely in the death of the employee, the annuity provided in
17this Section shall not be paid. For the purposes of this
18Section only, the death of any employee as a result of the
19exposure to and contraction of COVID-19, as evidenced by
20either (i) a confirmed positive laboratory test for COVID-19
21or COVID-19 antibodies or (ii) a confirmed diagnosis of
22COVID-19 from a licensed medical professional, shall be
23rebuttably presumed to have been contracted while in the
24performance of an act or acts of duty and the employee shall be
25rebuttably presumed to have been fatally injured while in
26active service. The presumption shall apply to any employee



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1who was exposed to and contracted COVID-19 on or after March 9,
22020 and on or before June 30, 2021; except that the
3presumption shall not apply if the employee was on a leave of
4absence from his or her employment or otherwise not required
5to report for duty at the physical work space generally
6assigned to the employee, including, but not limited to,
7working remotely, for a period of 14 or more consecutive days
8immediately prior to the date of contraction of COVID-19. For
9the purposes of determining when an employee contracted
10COVID-19 under this paragraph, the date of contraction is
11either the date that the employee was diagnosed with COVID-19
12or was unable to work due to symptoms that were later diagnosed
13as COVID-19, whichever occurred first.
14(Source: Laws 1963, p. 161.)
15    Section 90. The State Mandates Act is amended by adding
16Section 8.45 as follows:
17    (30 ILCS 805/8.45 new)
18    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
198 of this Act, no reimbursement by the State is required for
20the implementation of any mandate created by this amendatory
21Act of the 102nd General Assembly.".
22    Section 999. Effective date. This Act takes effect upon
23becoming law.".