Full Text of HB5104 103rd General Assembly
HB5104 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5104 Introduced 2/8/2024, by Rep. Jay Hoffman - Brad Stephens SYNOPSIS AS INTRODUCED: | | 40 ILCS 5/5-144 | from Ch. 108 1/2, par. 5-144 | 40 ILCS 5/5-153 | from Ch. 108 1/2, par. 5-153 | 40 ILCS 5/5-154 | from Ch. 108 1/2, par. 5-154 | 30 ILCS 805/8.48 new | |
| Amends the Chicago Police Article of the Illinois Pension Code. In provisions concerning death benefits and disability benefits, provides that certain presumptions that apply to a policeman who becomes disabled or dies as a result of exposure to and contraction of COVID-19 apply to any policeman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022 (instead of on or before June 30, 2021). Amends the State Mandates Act require implementation without reimbursement. Effective immediately. |
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 5-144, 5-153, and 5-154 as follows: | 6 | | (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144) | 7 | | Sec. 5-144. Death from injury in the performance of acts | 8 | | of duty; compensation annuity and supplemental annuity. | 9 | | (a) Beginning January 1, 1986, and without regard to | 10 | | whether or not the annuity in question began before that date, | 11 | | if the annuity for the widow of a policeman whose death, on or | 12 | | after January 1, 1940, results from injury incurred in the | 13 | | performance of an act or acts of duty, is not equal to the sum | 14 | | hereinafter stated, "compensation annuity" equal to the | 15 | | difference between the annuity and an amount equal to 75% of | 16 | | the policeman's salary attached to the position he held by | 17 | | certification and appointment as a result of competitive civil | 18 | | service examination that would ordinarily have been paid to | 19 | | him as though he were in active discharge of his duties shall | 20 | | be payable to the widow until the policeman, had he lived, | 21 | | would have attained age 63. The total amount of the widow's | 22 | | annuity and children's awards payable to the family of such | 23 | | policeman shall not exceed the amounts stated in Section |
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| 1 | | 5-152. | 2 | | For the purposes of this Section only, the death of any | 3 | | policeman as a result of the exposure to and contraction of | 4 | | COVID-19, as evidenced by either (i) a confirmed positive | 5 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 6 | | confirmed diagnosis of COVID-19 from a licensed medical | 7 | | professional, shall be rebuttably presumed to have been | 8 | | contracted while in the performance of an act or acts of duty | 9 | | and the policeman shall be rebuttably presumed to have been | 10 | | fatally injured while in active service. The presumption shall | 11 | | apply to any policeman who was exposed to and contracted | 12 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 13 | | 2022 June 30, 2021 (including the period between December 31, | 14 | | 2020 and the effective date of this amendatory Act of the 101st | 15 | | General Assembly); except that the presumption shall not apply | 16 | | if the policeman was on a leave of absence from his or her | 17 | | employment or otherwise not required to report for duty for a | 18 | | period of 14 or more consecutive days immediately prior to the | 19 | | date of contraction of COVID-19. For the purposes of | 20 | | determining when a policeman contracted COVID-19 under this | 21 | | paragraph, the date of contraction is either the date that the | 22 | | policeman was diagnosed with COVID-19 or was unable to work | 23 | | due to symptoms that were later diagnosed as COVID-19, | 24 | | whichever occurred first. | 25 | | The provisions of this Section, as amended by Public Act | 26 | | 84-1104, including the reference to the date upon which the |
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| 1 | | deceased policeman would have attained age 63, shall apply to | 2 | | all widows of policemen whose death occurs on or after January | 3 | | 1, 1940 due to injury incurred in the performance of an act of | 4 | | duty, regardless of whether such death occurred prior to | 5 | | September 17, 1969. For those widows of policemen that died | 6 | | prior to September 17, 1969, who became eligible for | 7 | | compensation annuity by the action of Public Act 84-1104, such | 8 | | compensation annuity shall begin and be calculated from | 9 | | January 1, 1986. The provisions of this amendatory Act of 1987 | 10 | | are intended to restate and clarify the intent of Public Act | 11 | | 84-1104, and do not make any substantive change. | 12 | | (b) Upon termination of the compensation annuity, | 13 | | "supplemental annuity" shall become payable to the widow, | 14 | | equal to the difference between the annuity for the widow and | 15 | | an amount equal to 75% of the annual salary (including all | 16 | | salary increases and longevity raises) that the policeman | 17 | | would have been receiving when he attained age 63 if the | 18 | | policeman had continued in service at the same rank (whether | 19 | | career service or exempt) that he last held in the police | 20 | | department. The increase in supplemental annuity resulting | 21 | | from this amendatory Act of the 92nd General Assembly applies | 22 | | without regard to whether the deceased policeman was in | 23 | | service on or after the effective date of this amendatory Act | 24 | | and is payable from July 1, 2002 or the date upon which the | 25 | | supplemental annuity begins, whichever is later. | 26 | | (c) Neither compensation nor supplemental annuity shall be |
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| 1 | | paid unless the death of the policeman was a direct result of | 2 | | the injury, or the injury was of such character as to prevent | 3 | | him from subsequently resuming service as a policeman; nor | 4 | | shall compensation or supplemental annuity be paid unless the | 5 | | widow was the wife of the policeman when the injury occurred. | 6 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 7 | | (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153) | 8 | | Sec. 5-153. Death benefit. | 9 | | (a) Effective January 1, 1962, an ordinary death benefit | 10 | | is payable on account of any policeman in service and in | 11 | | receipt of salary on or after such date, which benefit is in | 12 | | addition to all other annuities and benefits herein provided. | 13 | | This benefit is payable upon death of a policeman: | 14 | | (1) occurring in active service while in receipt of | 15 | | salary; | 16 | | (2) on an authorized and approved leave of absence, | 17 | | without salary, beginning on or after January 1, 1962, if | 18 | | the death occurs within 60 days from the date the employee | 19 | | was in receipt of salary; or otherwise in the service and | 20 | | not separated by resignation or discharge beginning | 21 | | January 1, 1962 if death occurs before his resignation or | 22 | | discharge from the service; | 23 | | (3) receiving duty disability or ordinary disability | 24 | | benefit; | 25 | | (4) occurring within 60 days from the date of |
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| 1 | | termination of duty disability or ordinary disability | 2 | | benefit payments if re-entry into service had not | 3 | | occurred; or | 4 | | (5) occurring on retirement and while in receipt of an | 5 | | age and service annuity, Tier 2 monthly retirement | 6 | | annuity, or prior service annuity; provided (a) retirement | 7 | | on such annuity occurred on or after January 1, 1962, and | 8 | | (b) such separation from service was effective on or after | 9 | | the policeman's attainment of age 50, and (c) application | 10 | | for such annuity was made within 60 days after separation | 11 | | from service. | 12 | | (b) The ordinary death benefit is payable to such | 13 | | beneficiary or beneficiaries as the policeman has nominated by | 14 | | written direction duly signed and acknowledged before an | 15 | | officer authorized to take acknowledgments, and filed with the | 16 | | board. If no such written direction has been filed or if the | 17 | | designated beneficiaries do not survive the policeman, payment | 18 | | of the benefit shall be made to his estate. | 19 | | (c) Until December 31, 1977, if death occurs prior to | 20 | | retirement on annuity and before the policeman's attainment of | 21 | | age 50, the amount of the benefit payable is $6,000. If death | 22 | | occurs prior to retirement, at age 50 or over, the benefit of | 23 | | $6,000 shall be reduced $400 for each year (commencing on the | 24 | | policeman's attainment of age 50, and thereafter on each | 25 | | succeeding birthdate) that the policeman's age, at date of | 26 | | death, is more than age 50, but in no event below the amount of |
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| 1 | | $2,000. However, if death results from injury incurred in the | 2 | | performance of an act or acts of duty, prior to retirement on | 3 | | annuity, the amount of the benefit payable is $6,000 | 4 | | notwithstanding the age attained. | 5 | | Until December 31, 1977, if the policeman's death occurs | 6 | | while he is in receipt of an annuity, the benefit is $2,000 if | 7 | | retirement was effective upon attainment of age 55 or greater. | 8 | | If the policeman retired at age 50 or over and before age 55, | 9 | | the benefit of $2,000 shall be reduced $100 for each year or | 10 | | fraction of a year that the policeman's age at retirement was | 11 | | less than age 55 to a minimum payment of $1,500. | 12 | | After December 31, 1977, and on or before January 1, 1986, | 13 | | if death occurs prior to retirement on annuity and before the | 14 | | policeman's attainment of age 50, the amount of the benefit | 15 | | payable is $7,000. If death occurs prior to retirement, at age | 16 | | 50 or over, the benefit of $7,000 shall be reduced $400 for | 17 | | each year (commencing on the policeman's attainment of age 50, | 18 | | and thereafter on each succeeding birthdate) that the | 19 | | policeman's age, at date of death, is more than age 50, but in | 20 | | no event below the amount of $3,000. However, if death results | 21 | | from injury incurred in the performance of an act or acts of | 22 | | duty, prior to retirement on annuity, the amount of the | 23 | | benefit payable is $7,000 notwithstanding the age attained. | 24 | | After December 31, 1977, and on or before January 1, 1986, | 25 | | if the policeman's death occurs while he is in receipt of an | 26 | | annuity, the benefit is $2,250 if retirement was effective |
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| 1 | | upon attainment of age 55 or greater. If the policeman retired | 2 | | at age 50 or over and before age 55, the benefit of $2,250 | 3 | | shall be reduced $100 for each year or fraction of a year that | 4 | | the policeman's age at retirement was less than age 55 to a | 5 | | minimum payment of $1,750. | 6 | | After January 1, 1986, if death occurs prior to retirement | 7 | | on annuity and before the policeman's attainment of age 50, | 8 | | the amount of benefit payable is $12,000. If death occurs | 9 | | prior to retirement, at age 50 or over, the benefit of $12,000 | 10 | | shall be reduced $400 for each year (commencing on the | 11 | | policeman's attainment of age 50, and thereafter on each | 12 | | succeeding birthdate) that the policeman's age, at date of | 13 | | death, is more than age 50, but in no event below the amount of | 14 | | $6,000. However, if death results from injury in the | 15 | | performance of an act or acts of duty, prior to retirement on | 16 | | annuity, the amount of benefit payable is $12,000 | 17 | | notwithstanding the age attained. | 18 | | After January 1, 1986, if the policeman's death occurs | 19 | | while he is in receipt of an annuity, the benefit is $6,000. | 20 | | (d) For the purposes of this Section only, the death of any | 21 | | policeman as a result of the exposure to and contraction of | 22 | | COVID-19, as evidenced by either (i) a confirmed positive | 23 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 24 | | confirmed diagnosis of COVID-19 from a licensed medical | 25 | | professional, shall be rebuttably presumed to have been | 26 | | contracted while in the performance of an act or acts of duty |
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| 1 | | and the policeman shall be rebuttably presumed to have been | 2 | | fatally injured while in active service. The presumption shall | 3 | | apply to any policeman who was exposed to and contracted | 4 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 5 | | 2022 June 30, 2021 (including the period between December 31, | 6 | | 2020 and the effective date of this amendatory Act of the 101st | 7 | | General Assembly); except that the presumption shall not apply | 8 | | if the policeman was on a leave of absence from his or her | 9 | | employment or otherwise not required to report for duty for a | 10 | | period of 14 or more consecutive days immediately prior to the | 11 | | date of contraction of COVID-19. For the purposes of | 12 | | determining when a policeman contracted COVID-19 under this | 13 | | subsection, the date of contraction is either the date that | 14 | | the policeman was diagnosed with COVID-19 or was unable to | 15 | | work due to symptoms that were later diagnosed as COVID-19, | 16 | | whichever occurred first. | 17 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 18 | | (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154) | 19 | | Sec. 5-154. Duty disability benefit; child's disability | 20 | | benefit. | 21 | | (a) An active policeman who becomes disabled on or after | 22 | | the effective date as the result of injury incurred on or after | 23 | | such date in the performance of an act of duty, has a right to | 24 | | receive duty disability benefit during any period of such | 25 | | disability for which he does not have a right to receive |
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| 1 | | salary, equal to 75% of his salary, as salary is defined in | 2 | | this Article, at the time the disability is allowed; or in the | 3 | | case of a policeman on duty disability who returns to active | 4 | | employment at any time for a period of at least 2 years and is | 5 | | again disabled from the same cause or causes, 75% of his | 6 | | salary, as salary is defined in this Article, at the time | 7 | | disability is allowed; provided, however, that: | 8 | | (i) If the disability resulted from any physical | 9 | | defect or mental disorder or any disease which existed at | 10 | | the time the injury was sustained, or if the disability is | 11 | | less than 50% of total disability for any service of a | 12 | | remunerative character, the duty disability benefit shall | 13 | | be 50% of salary as defined in this Article. | 14 | | (ii) Beginning January 1, 1996, no duty disability | 15 | | benefit that has been payable under this Section for at | 16 | | least 10 years shall be less than 50% of the current salary | 17 | | attached from time to time to the rank held by the | 18 | | policeman at the time of removal from the police | 19 | | department payroll, regardless of whether that removal | 20 | | occurred before the effective date of this amendatory Act | 21 | | of 1995. Beginning on January 1, 2000, no duty disability | 22 | | benefit that has been payable under this Section for at | 23 | | least 7 years shall be less than 60% of the current salary | 24 | | attached from time to time to the rank held by the | 25 | | policeman at the time of removal from the police | 26 | | department payroll, regardless of whether that removal |
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| 1 | | occurred before the effective date of this amendatory Act | 2 | | of the 92nd General Assembly. | 3 | | (iii) If the Board finds that the disability of the | 4 | | policeman is of such a nature as to permanently render him | 5 | | totally disabled for any service of a remunerative | 6 | | character, the duty disability benefit shall be 75% of the | 7 | | current salary attached from time to time to the rank held | 8 | | by the policeman at the time of removal from the police | 9 | | department payroll. In the case of a policeman receiving a | 10 | | duty disability benefit under this Section on the | 11 | | effective date of this amendatory Act of the 92nd General | 12 | | Assembly, the increase in benefit provided by this | 13 | | amendatory Act, if any, shall begin to accrue as of the | 14 | | date that the Board makes the required finding of | 15 | | permanent total disability, regardless of whether removal | 16 | | from the payroll occurred before the effective date of | 17 | | this amendatory Act. | 18 | | (b) The policeman shall also have a right to child's | 19 | | disability benefit of $100 per month for each unmarried child, | 20 | | the issue of the policeman, less than age 18, but the total | 21 | | amount of child's disability benefit shall not exceed 25% of | 22 | | his salary as defined in this Article. The increase in child's | 23 | | disability benefit provided by this amendatory Act of the 92nd | 24 | | General Assembly applies beginning January 1, 2000 to all such | 25 | | benefits payable on or after that date, regardless of whether | 26 | | the disabled policeman is in active service on or after the |
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| 1 | | effective date of this amendatory Act. | 2 | | (c) Duty disability benefit shall be payable until the | 3 | | policeman becomes age 63 or would have been retired by | 4 | | operation of law, whichever is later, and child's disability | 5 | | benefit shall be paid during any such period of disability | 6 | | until the child attains age 18. Thereafter the policeman shall | 7 | | receive the annuity provided in accordance with the other | 8 | | provisions of this Article. | 9 | | (d) A policeman who suffers a heart attack during the | 10 | | performance and discharge of his or her duties as a policeman | 11 | | shall be considered injured in the performance of an act of | 12 | | duty and shall be eligible for all benefits that the City | 13 | | provides for police officers injured in the performance of an | 14 | | act of duty. This subsection (d) is a restatement of existing | 15 | | law and applies without regard to whether the policeman is in | 16 | | service on or after the effective date of Public Act 89-12 or | 17 | | this amendatory Act of 1996. | 18 | | (e) For the purposes of this Section only, any policeman | 19 | | who becomes disabled as a result of exposure to and | 20 | | contraction of COVID-19, as evidenced by either a confirmed | 21 | | positive laboratory test for COVID-19 or COVID-19 antibodies | 22 | | or a confirmed diagnosis of COVID-19 from a licensed medical | 23 | | professional, shall: | 24 | | (1) be rebuttably presumed to have contracted COVID-19 | 25 | | while in the performance of an act or acts of duty; | 26 | | (2) be rebuttably presumed to have been injured while |
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| 1 | | in the performance of an act or acts of duty; and | 2 | | (3) be entitled to receive a duty disability benefit | 3 | | during any period of such disability for which the | 4 | | policeman does not have a right to receive salary, in an | 5 | | amount equal to 75% of the policeman's salary, as salary | 6 | | is defined in this Article, at the time the disability is | 7 | | allowed, in accordance with subsection (a). | 8 | | The presumption shall apply to any policeman who was | 9 | | exposed to and contracted COVID-19 on or after March 9, 2020 | 10 | | and on or before January 31, 2022 June 30, 2021 ; except that | 11 | | the presumption shall not apply if the policeman was on a leave | 12 | | of absence from his or her employment or otherwise not | 13 | | required to report for duty for a period of 14 or more | 14 | | consecutive days immediately prior to the date of contraction | 15 | | of COVID-19. For the purposes of determining when a policeman | 16 | | contracted COVID-19 under this paragraph, the date of | 17 | | contraction is either the date that the policeman was | 18 | | diagnosed with COVID-19 or was unable to work due to symptoms | 19 | | that were later diagnosed as COVID-19, whichever occurred | 20 | | first. | 21 | | It is the intent of the General Assembly that the change | 22 | | made in this subsection (e) by this amendatory Act shall apply | 23 | | retroactively to March 9, 2020, and any policeman who has been | 24 | | previously denied a duty disability benefit that would | 25 | | otherwise be entitled to duty disability benefit under this | 26 | | subsection (e) shall be entitled to retroactive benefits and |
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| 1 | | duty disability benefit. | 2 | | (Source: P.A. 103-2, eff. 5-10-23.) | 3 | | Section 90. The State Mandates Act is amended by adding | 4 | | Section 8.48 as follows: | 5 | | (30 ILCS 805/8.48 new) | 6 | | Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and | 7 | | 8 of this Act, no reimbursement by the State is required for | 8 | | the implementation of any mandate created by this amendatory | 9 | | Act of the 103rd General Assembly. | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law. |
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