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


Rep. Katie Stuart

Filed: 3/16/2023





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2    AMENDMENT NO. ______. Amend House Bill 3769 by replacing
3everything after the enacting clause with the following:
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



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1technician-basic, emergency medical technician-intermediate,
2or advanced emergency medical technician who is employed by a
3unit of local government. The terms "fireman" and "firemen"
4shall have the meaning ascribed to the term "firefighter" by
5Section 4-106 of the Illinois Pension Code, and include those
6persons under the coverage of Article 4 of that Code, as
7heretofore or hereafter amended.
8    3. The "retirement or disability period" of a firefighter
9fireman 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
14which firefighters firemen employed by a municipality are
15insured for their individual benefit shall be issued or
16delivered in this State to any municipality unless such group
17policy provides for the election of continued group insurance
18coverage for the retirement or disability period of each
19firefighter fireman who is insured under the provisions of the
20group policy on the day immediately preceding the day on which
21the retirement or disability period of such firefighter
22fireman begins. So long as any required premiums for continued
23group insurance coverage are paid in accordance with the
24provisions of the group policy, an election made pursuant to
25this Section shall provide continued group insurance coverage
26for a firefighter fireman throughout the retirement or



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



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1premiums or in any waiver of premium or other benefit
2provision shall be made between continued group insurance
3coverage elected pursuant to this Section and equivalent
4coverage provided to firefighters firemen under the group
5policy other than pursuant to the provisions of this Section;
6provided that no municipality shall be required by reason of
7any provision of this Section to pay any group insurance
8premium other than one that may be negotiated in a collective
9bargaining agreement. If a person electing continued coverage
10under this Section becomes eligible for medicare coverage,
11benefits under the group policy may continue as a supplement
12to the medicare coverage upon payment of any required premiums
13to maintain the benefits of the group policy as supplemental
15    Within 15 days of the beginning of the retirement or
16disability period of any firefighter fireman entitled to elect
17continued group insurance coverage under any group policy
18affected by this Section, the municipality last employing such
19firefighter fireman shall give written notice of such
20beginning by certified mail, return receipt requested to the
21insurance company issuing such policy. The notice shall
22include the firefighter's fireman's name and last known place
23of residence and the beginning date of the firefighter's
24fireman's retirement or disability period.
25    Within 15 days of the date of receipt of such notice from
26the municipality, the insurance company by certified mail,



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1return receipt requested, shall give written notice to the
2firefighter fireman at the firefighter's fireman's last known
3place of residence that coverage under the group policy may be
4continued for the retirement or disability period of the
5firefighter fireman as provided in this Section. Such notice
6shall set forth: (i) a statement of election to be filed by the
7firefighter fireman if the firefighter fireman wishes to
8continue such group insurance coverage, (ii) the amount of
9monthly premium, including a statement of the portion of such
10monthly premium attributable to any dependents' coverage which
11the firefighter fireman may elect, and (iii) instructions as
12to the return of the election form to the insurance company
13issuing such policy. Election shall be made, if at all, by
14returning the statement of election to the insurance company
15by certified mail, return receipt requested within 15 days
16after having received it.
17    If the firefighter fireman elects to continue coverage, it
18shall be the obligation of the firefighter fireman to pay the
19monthly premium directly to the municipality which shall
20forward it to the insurance company issuing the group
21insurance policy, or as otherwise directed by the insurance
22company; provided, however, that the firefighter fireman shall
23be entitled to designate on the statement of election required
24to be filed with the insurance company that the total monthly
25premium, or such portion thereof as is not contributed by a
26municipality, be deducted by a Firefighter's Pension Fund from



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1any monthly pension payment otherwise payable to or on behalf
2of the firefighter fireman pursuant to Article 4 of the
3Illinois Pension Code, and be remitted by such Pension Fund to
4the insurance company. The portion, if any, of the monthly
5premium contributed by a municipality for such continued group
6insurance coverage shall be paid by the municipality directly
7to the insurance company issuing the group insurance policy,
8or as otherwise directed by the insurance company. Such
9continued group insurance coverage shall relate back to the
10beginning of the firefighter's fireman's retirement or
11disability period.
12    The amendment, renewal or extension of any group insurance
13policy affected by this Section shall be deemed to be the
14issuance of a new policy of insurance for purposes of this
16    In the event that a municipality makes a program of
17accident, health, hospital or medical benefits available to
18its firefighters firemen through self-insurance, or by
19participation in a pool or reciprocal insurer, or by contract
20in a form other than a policy of group insurance with one or
21more medical service plans, health care service corporations,
22health maintenance organizations, or any other professional
23corporations or plans under which health care or reimbursement
24for the costs thereof is provided, whether the cost of such
25benefits is borne by the municipality or the firefighters
26firemen or both, such firefighters firemen and their surviving



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1spouses shall have the same right to elect continued coverage
2under such program of benefits as they would have if such
3benefits were provided by a policy of group accident and
4health insurance. In such cases, the notice of right to elect
5continued coverage shall be sent by the municipality; the
6statement of election shall be sent to the municipality; and
7references to the required premium shall refer to that portion
8of the cost of such benefits which is not borne by the
9municipality, either voluntarily or pursuant to the provisions
10of a collective bargaining agreement. In the case of a
11municipality providing such benefits through self-insurance or
12participation in a pool or reciprocal insurer, the right to
13elect continued coverage which is provided by this paragraph
14shall be implemented and made available to the firefighters
15firemen of the municipality and qualifying surviving spouses
16not later than July 1, 1985.
17    The amendment, renewal or extension of any such contract
18in a form other than a policy of group insurance policy shall
19be deemed the formation of a new contract for the purposes of
20this Section.
21    This Section shall not limit the exercise of any
22conversion privileges available under Section 367e.
23    Pursuant to paragraphs (h) and (i) of Section 6 of Article
24VII of the Illinois Constitution, this Section specifically
25denies and limits the exercise by a home rule unit of any power
26which is inconsistent with this Section and all existing laws



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1and ordinances which are inconsistent with this Section are
2hereby superseded. This Section does not preempt the
3concurrent exercise by home rule units of powers consistent
5    The Division of Insurance of the Department of Financial
6and Professional Regulation shall enforce the provisions of
7this Section, including provisions relating to municipality
8self-insured benefit plans.
9(Source: P.A. 94-858, eff. 6-15-06.)".