Full Text of HB3769 103rd General Assembly
HB3769ham001 103RD GENERAL ASSEMBLY | Rep. Katie Stuart Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3769
| 2 | | AMENDMENT NO. ______. Amend House Bill 3769 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Insurance Code is amended by | 5 | | changing Section 367f as follows:
| 6 | | (215 ILCS 5/367f) (from Ch. 73, par. 979f)
| 7 | | Sec. 367f. Firefighters' Firemen's continuance privilege. | 8 | | As used in this Section:
| 9 | | 1. The terms "municipality", "deferred pensioner" and | 10 | | "creditable service"
shall have the meaning ascribed to such | 11 | | terms by Sections 4-103, 4-105a and
4-108, respectively, of | 12 | | the Illinois Pension Code, as now or hereafter amended.
| 13 | | 2. "Firefighter" means a person who is a "firefighter" as | 14 | | defined in Section 4-106 of the Illinois Pension Code, a | 15 | | paramedic who is employed by a unit of local government, or an | 16 | | emergency medical technician, emergency medical |
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| 1 | | technician-basic, emergency medical technician-intermediate, | 2 | | or advanced emergency medical technician who is employed by a | 3 | | unit of local government. The terms "fireman" and "firemen" | 4 | | shall have the meaning ascribed
to the term "firefighter" by | 5 | | Section 4-106 of the Illinois
Pension Code, and include those | 6 | | persons under the coverage of Article 4 of
that Code, as | 7 | | heretofore or hereafter amended.
| 8 | | 3. The "retirement or disability period" of a firefighter | 9 | | fireman means the period:
| 10 | | a. which begins on the day the firefighter fireman is | 11 | | removed from a municipality's
fire department payroll | 12 | | because of the occurrence of any of the following
events, | 13 | | to wit: (i) the firefighter fireman retires as a deferred | 14 | | pensioner under Section
4-105a of the Illinois Pension | 15 | | Code, (ii) the firefighter fireman retires from active
| 16 | | service as a firefighter fireman with an attained age and | 17 | | accumulated creditable service
which together qualify the | 18 | | firefighter fireman for immediate receipt of retirement | 19 | | pension
benefits under Section 4-109 of the Illinois | 20 | | Pension Code, or (iii) the
firefighter's fireman's | 21 | | disability is established under Section 4-112 of the | 22 | | Illinois
Pension Code; and
| 23 | | b. which ends on the first to occur of any of the | 24 | | following events,
to wit: (i) the firefighter's fireman's | 25 | | reinstatement or reentry into active service
on the | 26 | | municipality's fire department as provided for under |
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| 1 | | Article 4 of
the Illinois Pension Code, (ii) the | 2 | | firefighter's fireman's exercise of any refund option
| 3 | | available under Section 4-116 of the Illinois Pension | 4 | | Code, (iii) the firefighter's fireman's
loss pursuant to | 5 | | Section 4-138 of the Illinois Pension Code of any benefits
| 6 | | provided for in Article 4 of that Code, or (iv) the | 7 | | firefighter's fireman's death or --
if at the time of the | 8 | | firefighter's fireman's death the firefighter fireman is | 9 | | survived by a spouse
who, in that capacity, is entitled to | 10 | | receive a surviving spouse's monthly
pension pursuant to | 11 | | Article 4 of the Illinois Pension Code -- then the death
or | 12 | | remarriage of that spouse.
| 13 | | No policy of group accident and health insurance under | 14 | | which firefighters firemen
employed by a municipality are | 15 | | insured for their individual benefit shall
be issued or | 16 | | delivered in this State to any municipality unless such group
| 17 | | policy provides for the election of continued group insurance | 18 | | coverage for
the retirement or disability period of each | 19 | | firefighter fireman who is insured under the
provisions of the | 20 | | group policy on the day immediately preceding the day
on which | 21 | | the retirement or disability period of such firefighter | 22 | | fireman begins. So
long as any required premiums for continued | 23 | | group insurance coverage are
paid in accordance with the | 24 | | provisions of the group policy, an election
made pursuant to | 25 | | this Section shall provide continued group insurance
coverage | 26 | | for a firefighter fireman throughout the retirement or |
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| 1 | | disability period of
the firefighter fireman and, unless the | 2 | | firefighter fireman otherwise elects and subject to any
other | 3 | | provisions of the group policy which relate either to the | 4 | | provision
or to the termination of dependents' coverage and | 5 | | which are not
inconsistent with this Section, for any | 6 | | dependents of the firefighter fireman who are
insured under | 7 | | the group policy on the day immediately preceding the day on
| 8 | | which the retirement or disability period of the firefighter | 9 | | fireman begins; provided,
however, that when such continued | 10 | | group insurance coverage is in effect
with respect to a | 11 | | firefighter fireman on the date
of the firefighter's fireman's | 12 | | death but the retirement or disability period of the | 13 | | firefighter fireman
does not end with such firefighter's | 14 | | fireman's death, then the deceased firefighter's fireman's | 15 | | surviving
spouse upon whose death or remarriage such | 16 | | retirement or disability period
will end shall be entitled, | 17 | | without further election and upon payment of
any required | 18 | | premiums in accordance with the provisions of the group | 19 | | policy,
to maintain such continued group
insurance coverage in | 20 | | effect until the end of such retirement or disability
period. | 21 | | Continued group insurance coverage shall be provided in | 22 | | accordance
with this Section at the same premium rate from | 23 | | time to time charged for
equivalent coverage provided under | 24 | | the group policy with respect to covered
firefighters firemen | 25 | | whose retirement or disability period has not begun, and no | 26 | | distinction
or discrimination in the amount or rate of |
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| 1 | | premiums or in any waiver of premium
or other benefit | 2 | | provision shall be made between continued group insurance
| 3 | | coverage elected pursuant to this Section and equivalent | 4 | | coverage provided
to firefighters firemen under the group | 5 | | policy other than pursuant to the provisions
of this Section; | 6 | | provided that no municipality shall be required by reason
of | 7 | | any provision of this Section to pay any group insurance | 8 | | premium other
than one that may be negotiated in a collective | 9 | | bargaining agreement.
If a person electing continued coverage | 10 | | under this Section becomes
eligible for medicare coverage, | 11 | | benefits under the group policy may
continue as a supplement | 12 | | to the medicare coverage upon payment of any
required premiums | 13 | | to maintain the benefits of the group policy as
supplemental | 14 | | coverage.
| 15 | | Within 15 days of the beginning of the retirement or | 16 | | disability period
of any firefighter fireman entitled to elect | 17 | | continued group insurance coverage under any
group policy | 18 | | affected by this Section, the municipality last employing such
| 19 | | firefighter fireman shall give written notice of such | 20 | | beginning by certified mail, return
receipt requested to the | 21 | | insurance company issuing such policy. The notice
shall | 22 | | include the firefighter's fireman's name and last known place | 23 | | of residence and the
beginning date of the firefighter's | 24 | | fireman's retirement or disability period.
| 25 | | Within 15 days of the date of receipt of such notice from | 26 | | the municipality,
the insurance company by certified mail, |
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| 1 | | return receipt requested, shall
give written notice to the | 2 | | firefighter fireman at the firefighter's fireman's last known | 3 | | place of
residence that coverage under the group policy may be | 4 | | continued for the
retirement or disability period of the | 5 | | firefighter fireman as provided in this Section.
Such notice | 6 | | shall set forth: (i) a statement of election to be filed by
the | 7 | | firefighter fireman if the firefighter fireman wishes to | 8 | | continue such group insurance coverage,
(ii) the amount of | 9 | | monthly premium, including a statement of the portion
of such | 10 | | monthly premium attributable to any dependents' coverage which | 11 | | the
firefighter fireman may elect, and (iii) instructions as | 12 | | to the return of the election
form to the insurance company | 13 | | issuing such policy. Election shall be made,
if at all, by | 14 | | returning the statement of election to the insurance company | 15 | | by
certified mail, return receipt requested within 15 days | 16 | | after having received it.
| 17 | | If the firefighter fireman elects to continue coverage, it | 18 | | shall be the obligation
of the firefighter fireman to pay the | 19 | | monthly premium directly to the municipality which
shall | 20 | | forward it to the insurance company
issuing the group | 21 | | insurance policy, or as otherwise directed by the insurance
| 22 | | company; provided, however, that the firefighter fireman shall | 23 | | be entitled to designate
on the statement of election required | 24 | | to be filed with the insurance company
that the total monthly | 25 | | premium, or such portion thereof as is not
contributed by a | 26 | | municipality, be deducted by a Firefighter's Pension
Fund from |
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| 1 | | any monthly pension payment otherwise payable
to or on behalf | 2 | | of the firefighter fireman pursuant to Article 4 of the | 3 | | Illinois Pension
Code, and be remitted by such Pension Fund to | 4 | | the insurance company. The
portion, if any, of the monthly | 5 | | premium contributed by a
municipality for such continued group | 6 | | insurance coverage shall be paid by
the municipality directly | 7 | | to the insurance company issuing the group insurance
policy, | 8 | | or as otherwise directed by the insurance company. Such | 9 | | continued
group insurance coverage shall relate back to the | 10 | | beginning of the firefighter's fireman's
retirement or | 11 | | disability period.
| 12 | | The amendment, renewal or extension of any group insurance | 13 | | policy affected
by this Section shall be deemed to be the | 14 | | issuance of a new policy of insurance
for purposes of this | 15 | | Section.
| 16 | | In the event that a municipality makes a program of | 17 | | accident, health,
hospital or medical benefits available to | 18 | | its firefighters firemen through
self-insurance, or by | 19 | | participation in a pool or reciprocal insurer, or by
contract | 20 | | in a form other than a policy of group insurance with one or | 21 | | more
medical service plans, health care service corporations, | 22 | | health maintenance
organizations, or any other professional | 23 | | corporations or plans under which
health care or reimbursement | 24 | | for the costs thereof is
provided, whether the cost of such | 25 | | benefits is borne by the municipality or
the firefighters | 26 | | firemen or both, such firefighters firemen and their surviving |
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| 1 | | spouses shall have
the same right to elect continued coverage | 2 | | under such program of benefits
as they would have if such | 3 | | benefits were provided by a policy of group
accident and | 4 | | health insurance. In such cases, the notice of right to elect
| 5 | | continued coverage shall be sent by the municipality; the | 6 | | statement of
election shall be sent to the municipality; and | 7 | | references to the required
premium shall refer to that portion | 8 | | of the cost of such benefits which is not
borne by the | 9 | | municipality, either voluntarily or pursuant to the provisions
| 10 | | of a collective bargaining agreement. In the case of a | 11 | | municipality
providing such benefits through self-insurance or | 12 | | participation in a pool or
reciprocal insurer, the right to | 13 | | elect continued coverage which is provided
by this paragraph | 14 | | shall be implemented and made available to the firefighters | 15 | | firemen of
the municipality and qualifying surviving spouses | 16 | | not later than July 1, 1985.
| 17 | | The amendment, renewal or extension of any such contract | 18 | | in a form other
than a policy of group insurance policy shall | 19 | | be deemed the formation of a
new contract for the purposes of | 20 | | this Section.
| 21 | | This Section shall not limit the exercise of any | 22 | | conversion privileges
available under Section 367e.
| 23 | | Pursuant to paragraphs (h) and (i) of Section 6 of Article | 24 | | VII of the
Illinois Constitution, this Section specifically | 25 | | denies and limits the
exercise by a home rule unit of any power | 26 | | which is inconsistent with this
Section and all existing laws |
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| 1 | | and ordinances which are inconsistent with
this Section are | 2 | | hereby superseded. This Section does not preempt the
| 3 | | concurrent exercise by home rule units of powers consistent | 4 | | herewith. | 5 | | The Division of Insurance of the Department of Financial | 6 | | and Professional Regulation shall enforce the provisions of | 7 | | this Section, including provisions relating to municipality | 8 | | self-insured benefit plans.
| 9 | | (Source: P.A. 94-858, eff. 6-15-06.)".
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