Full Text of HB5104 103rd General Assembly
HB5104eng 103RD GENERAL ASSEMBLY | | | HB5104 Engrossed | | LRB103 38081 RPS 68213 b |
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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, 5-154, 6-140, 6-150, and 6-151 | 6 | | as follows: | 7 | | (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144) | 8 | | Sec. 5-144. Death from injury in the performance of acts | 9 | | of duty; compensation annuity and supplemental annuity. | 10 | | (a) Beginning January 1, 1986, and without regard to | 11 | | whether or not the annuity in question began before that date, | 12 | | if the annuity for the widow of a policeman whose death, on or | 13 | | after January 1, 1940, results from injury incurred in the | 14 | | performance of an act or acts of duty, is not equal to the sum | 15 | | hereinafter stated, "compensation annuity" equal to the | 16 | | difference between the annuity and an amount equal to 75% of | 17 | | the policeman's salary attached to the position he held by | 18 | | certification and appointment as a result of competitive civil | 19 | | service examination that would ordinarily have been paid to | 20 | | him as though he were in active discharge of his duties shall | 21 | | be payable to the widow until the policeman, had he lived, | 22 | | would have attained age 63. The total amount of the widow's | 23 | | annuity and children's awards payable to the family of such |
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| 1 | | policeman shall not exceed the amounts stated in Section | 2 | | 5-152. | 3 | | For the purposes of this Section only, the death of any | 4 | | policeman as a result of the exposure to and contraction of | 5 | | COVID-19, as evidenced by either (i) a confirmed positive | 6 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 7 | | confirmed diagnosis of COVID-19 from a licensed medical | 8 | | professional, shall be rebuttably presumed to have been | 9 | | contracted while in the performance of an act or acts of duty | 10 | | and the policeman shall be rebuttably presumed to have been | 11 | | fatally injured while in active service. The presumption shall | 12 | | apply to any policeman who was exposed to and contracted | 13 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 14 | | 2022 June 30, 2021 (including the period between December 31, | 15 | | 2020 and the effective date of this amendatory Act of the 101st | 16 | | General Assembly); except that the presumption shall not apply | 17 | | if the policeman was on a leave of absence from his or her | 18 | | employment or otherwise not required to report for duty for a | 19 | | period of 14 or more consecutive days immediately prior to the | 20 | | date of contraction of COVID-19. For the purposes of | 21 | | determining when a policeman contracted COVID-19 under this | 22 | | paragraph, the date of contraction is either the date that the | 23 | | policeman was diagnosed with COVID-19 or was unable to work | 24 | | due to symptoms that were later diagnosed as COVID-19, | 25 | | whichever occurred first. | 26 | | The provisions of this Section, as amended by Public Act |
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| 1 | | 84-1104, including the reference to the date upon which the | 2 | | deceased policeman would have attained age 63, shall apply to | 3 | | all widows of policemen whose death occurs on or after January | 4 | | 1, 1940 due to injury incurred in the performance of an act of | 5 | | duty, regardless of whether such death occurred prior to | 6 | | September 17, 1969. For those widows of policemen that died | 7 | | prior to September 17, 1969, who became eligible for | 8 | | compensation annuity by the action of Public Act 84-1104, such | 9 | | compensation annuity shall begin and be calculated from | 10 | | January 1, 1986. The provisions of this amendatory Act of 1987 | 11 | | are intended to restate and clarify the intent of Public Act | 12 | | 84-1104, and do not make any substantive change. | 13 | | (b) Upon termination of the compensation annuity, | 14 | | "supplemental annuity" shall become payable to the widow, | 15 | | equal to the difference between the annuity for the widow and | 16 | | an amount equal to 75% of the annual salary (including all | 17 | | salary increases and longevity raises) that the policeman | 18 | | would have been receiving when he attained age 63 if the | 19 | | policeman had continued in service at the same rank (whether | 20 | | career service or exempt) that he last held in the police | 21 | | department. The increase in supplemental annuity resulting | 22 | | from this amendatory Act of the 92nd General Assembly applies | 23 | | without regard to whether the deceased policeman was in | 24 | | service on or after the effective date of this amendatory Act | 25 | | and is payable from July 1, 2002 or the date upon which the | 26 | | supplemental annuity begins, whichever is later. |
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| 1 | | (c) Neither compensation nor supplemental annuity shall be | 2 | | paid unless the death of the policeman was a direct result of | 3 | | the injury, or the injury was of such character as to prevent | 4 | | him from subsequently resuming service as a policeman; nor | 5 | | shall compensation or supplemental annuity be paid unless the | 6 | | widow was the wife of the policeman when the injury occurred. | 7 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 8 | | (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153) | 9 | | Sec. 5-153. Death benefit. | 10 | | (a) Effective January 1, 1962, an ordinary death benefit | 11 | | is payable on account of any policeman in service and in | 12 | | receipt of salary on or after such date, which benefit is in | 13 | | addition to all other annuities and benefits herein provided. | 14 | | This benefit is payable upon death of a policeman: | 15 | | (1) occurring in active service while in receipt of | 16 | | salary; | 17 | | (2) on an authorized and approved leave of absence, | 18 | | without salary, beginning on or after January 1, 1962, if | 19 | | the death occurs within 60 days from the date the employee | 20 | | was in receipt of salary; or otherwise in the service and | 21 | | not separated by resignation or discharge beginning | 22 | | January 1, 1962 if death occurs before his resignation or | 23 | | discharge from the service; | 24 | | (3) receiving duty disability or ordinary disability | 25 | | benefit; |
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| 1 | | (4) occurring within 60 days from the date of | 2 | | termination of duty disability or ordinary disability | 3 | | benefit payments if re-entry into service had not | 4 | | occurred; or | 5 | | (5) occurring on retirement and while in receipt of an | 6 | | age and service annuity, Tier 2 monthly retirement | 7 | | annuity, or prior service annuity; provided (a) retirement | 8 | | on such annuity occurred on or after January 1, 1962, and | 9 | | (b) such separation from service was effective on or after | 10 | | the policeman's attainment of age 50, and (c) application | 11 | | for such annuity was made within 60 days after separation | 12 | | from service. | 13 | | (b) The ordinary death benefit is payable to such | 14 | | beneficiary or beneficiaries as the policeman has nominated by | 15 | | written direction duly signed and acknowledged before an | 16 | | officer authorized to take acknowledgments, and filed with the | 17 | | board. If no such written direction has been filed or if the | 18 | | designated beneficiaries do not survive the policeman, payment | 19 | | of the benefit shall be made to his estate. | 20 | | (c) Until December 31, 1977, if death occurs prior to | 21 | | retirement on annuity and before the policeman's attainment of | 22 | | age 50, the amount of the benefit payable is $6,000. If death | 23 | | occurs prior to retirement, at age 50 or over, the benefit of | 24 | | $6,000 shall be reduced $400 for each year (commencing on the | 25 | | policeman's attainment of age 50, and thereafter on each | 26 | | succeeding birthdate) that the policeman's age, at date of |
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| 1 | | death, is more than age 50, but in no event below the amount of | 2 | | $2,000. However, if death results from injury incurred in the | 3 | | performance of an act or acts of duty, prior to retirement on | 4 | | annuity, the amount of the benefit payable is $6,000 | 5 | | notwithstanding the age attained. | 6 | | Until December 31, 1977, if the policeman's death occurs | 7 | | while he is in receipt of an annuity, the benefit is $2,000 if | 8 | | retirement was effective upon attainment of age 55 or greater. | 9 | | If the policeman retired at age 50 or over and before age 55, | 10 | | the benefit of $2,000 shall be reduced $100 for each year or | 11 | | fraction of a year that the policeman's age at retirement was | 12 | | less than age 55 to a minimum payment of $1,500. | 13 | | After December 31, 1977, and on or before January 1, 1986, | 14 | | if death occurs prior to retirement on annuity and before the | 15 | | policeman's attainment of age 50, the amount of the benefit | 16 | | payable is $7,000. If death occurs prior to retirement, at age | 17 | | 50 or over, the benefit of $7,000 shall be reduced $400 for | 18 | | each year (commencing on the policeman's attainment of age 50, | 19 | | and thereafter on each succeeding birthdate) that the | 20 | | policeman's age, at date of death, is more than age 50, but in | 21 | | no event below the amount of $3,000. However, if death results | 22 | | from injury incurred in the performance of an act or acts of | 23 | | duty, prior to retirement on annuity, the amount of the | 24 | | benefit payable is $7,000 notwithstanding the age attained. | 25 | | After December 31, 1977, and on or before January 1, 1986, | 26 | | if the policeman's death occurs while he is in receipt of an |
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| 1 | | annuity, the benefit is $2,250 if retirement was effective | 2 | | upon attainment of age 55 or greater. If the policeman retired | 3 | | at age 50 or over and before age 55, the benefit of $2,250 | 4 | | shall be reduced $100 for each year or fraction of a year that | 5 | | the policeman's age at retirement was less than age 55 to a | 6 | | minimum payment of $1,750. | 7 | | After January 1, 1986, if death occurs prior to retirement | 8 | | on annuity and before the policeman's attainment of age 50, | 9 | | the amount of benefit payable is $12,000. If death occurs | 10 | | prior to retirement, at age 50 or over, the benefit of $12,000 | 11 | | shall be reduced $400 for each year (commencing on the | 12 | | policeman's attainment of age 50, and thereafter on each | 13 | | succeeding birthdate) that the policeman's age, at date of | 14 | | death, is more than age 50, but in no event below the amount of | 15 | | $6,000. However, if death results from injury in the | 16 | | performance of an act or acts of duty, prior to retirement on | 17 | | annuity, the amount of benefit payable is $12,000 | 18 | | notwithstanding the age attained. | 19 | | After January 1, 1986, if the policeman's death occurs | 20 | | while he is in receipt of an annuity, the benefit is $6,000. | 21 | | (d) For the purposes of this Section only, the death of any | 22 | | policeman as a result of the exposure to and contraction of | 23 | | COVID-19, as evidenced by either (i) a confirmed positive | 24 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 25 | | confirmed diagnosis of COVID-19 from a licensed medical | 26 | | professional, shall be rebuttably presumed to have been |
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| 1 | | contracted while in the performance of an act or acts of duty | 2 | | and the policeman shall be rebuttably presumed to have been | 3 | | fatally injured while in active service. The presumption shall | 4 | | apply to any policeman who was exposed to and contracted | 5 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 6 | | 2022 June 30, 2021 (including the period between December 31, | 7 | | 2020 and the effective date of this amendatory Act of the 101st | 8 | | General Assembly); except that the presumption shall not apply | 9 | | if the policeman was on a leave of absence from his or her | 10 | | employment or otherwise not required to report for duty for a | 11 | | period of 14 or more consecutive days immediately prior to the | 12 | | date of contraction of COVID-19. For the purposes of | 13 | | determining when a policeman contracted COVID-19 under this | 14 | | subsection, the date of contraction is either the date that | 15 | | the policeman was diagnosed with COVID-19 or was unable to | 16 | | work due to symptoms that were later diagnosed as COVID-19, | 17 | | whichever occurred first. | 18 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 19 | | (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154) | 20 | | Sec. 5-154. Duty disability benefit; child's disability | 21 | | benefit. | 22 | | (a) An active policeman who becomes disabled on or after | 23 | | the effective date as the result of injury incurred on or after | 24 | | such date in the performance of an act of duty, has a right to | 25 | | receive duty disability benefit during any period of such |
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| 1 | | disability for which he does not have a right to receive | 2 | | salary, equal to 75% of his salary, as salary is defined in | 3 | | this Article, at the time the disability is allowed; or in the | 4 | | case of a policeman on duty disability who returns to active | 5 | | employment at any time for a period of at least 2 years and is | 6 | | again disabled from the same cause or causes, 75% of his | 7 | | salary, as salary is defined in this Article, at the time | 8 | | disability is allowed; provided, however, that: | 9 | | (i) If the disability resulted from any physical | 10 | | defect or mental disorder or any disease which existed at | 11 | | the time the injury was sustained, or if the disability is | 12 | | less than 50% of total disability for any service of a | 13 | | remunerative character, the duty disability benefit shall | 14 | | be 50% of salary as defined in this Article. | 15 | | (ii) Beginning January 1, 1996, no duty disability | 16 | | benefit that has been payable under this Section for at | 17 | | least 10 years shall be less than 50% of the current salary | 18 | | attached from time to time to the rank held by the | 19 | | policeman at the time of removal from the police | 20 | | department payroll, regardless of whether that removal | 21 | | occurred before the effective date of this amendatory Act | 22 | | of 1995. Beginning on January 1, 2000, no duty disability | 23 | | benefit that has been payable under this Section for at | 24 | | least 7 years shall be less than 60% of the current salary | 25 | | attached from time to time to the rank held by the | 26 | | policeman at the time of removal from the police |
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| 1 | | department payroll, regardless of whether that removal | 2 | | occurred before the effective date of this amendatory Act | 3 | | of the 92nd General Assembly. | 4 | | (iii) If the Board finds that the disability of the | 5 | | policeman is of such a nature as to permanently render him | 6 | | totally disabled for any service of a remunerative | 7 | | character, the duty disability benefit shall be 75% of the | 8 | | current salary attached from time to time to the rank held | 9 | | by the policeman at the time of removal from the police | 10 | | department payroll. In the case of a policeman receiving a | 11 | | duty disability benefit under this Section on the | 12 | | effective date of this amendatory Act of the 92nd General | 13 | | Assembly, the increase in benefit provided by this | 14 | | amendatory Act, if any, shall begin to accrue as of the | 15 | | date that the Board makes the required finding of | 16 | | permanent total disability, regardless of whether removal | 17 | | from the payroll occurred before the effective date of | 18 | | this amendatory Act. | 19 | | (b) The policeman shall also have a right to child's | 20 | | disability benefit of $100 per month for each unmarried child, | 21 | | the issue of the policeman, less than age 18, but the total | 22 | | amount of child's disability benefit shall not exceed 25% of | 23 | | his salary as defined in this Article. The increase in child's | 24 | | disability benefit provided by this amendatory Act of the 92nd | 25 | | General Assembly applies beginning January 1, 2000 to all such | 26 | | benefits payable on or after that date, regardless of whether |
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| 1 | | the disabled policeman is in active service on or after the | 2 | | effective date of this amendatory Act. | 3 | | (c) Duty disability benefit shall be payable until the | 4 | | policeman becomes age 63 or would have been retired by | 5 | | operation of law, whichever is later, and child's disability | 6 | | benefit shall be paid during any such period of disability | 7 | | until the child attains age 18. Thereafter the policeman shall | 8 | | receive the annuity provided in accordance with the other | 9 | | provisions of this Article. | 10 | | (d) A policeman who suffers a heart attack during the | 11 | | performance and discharge of his or her duties as a policeman | 12 | | shall be considered injured in the performance of an act of | 13 | | duty and shall be eligible for all benefits that the City | 14 | | provides for police officers injured in the performance of an | 15 | | act of duty. This subsection (d) is a restatement of existing | 16 | | law and applies without regard to whether the policeman is in | 17 | | service on or after the effective date of Public Act 89-12 or | 18 | | this amendatory Act of 1996. | 19 | | (e) For the purposes of this Section only, any policeman | 20 | | who becomes disabled as a result of exposure to and | 21 | | contraction of COVID-19, as evidenced by either a confirmed | 22 | | positive laboratory test for COVID-19 or COVID-19 antibodies | 23 | | or a confirmed diagnosis of COVID-19 from a licensed medical | 24 | | professional, shall: | 25 | | (1) be rebuttably presumed to have contracted COVID-19 | 26 | | while in the performance of an act or acts of duty; |
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| 1 | | (2) be rebuttably presumed to have been injured while | 2 | | in the performance of an act or acts of duty; and | 3 | | (3) be entitled to receive a duty disability benefit | 4 | | during any period of such disability for which the | 5 | | policeman does not have a right to receive salary, in an | 6 | | amount equal to 75% of the policeman's salary, as salary | 7 | | is defined in this Article, at the time the disability is | 8 | | allowed, in accordance with subsection (a). | 9 | | The presumption shall apply to any policeman who was | 10 | | exposed to and contracted COVID-19 on or after March 9, 2020 | 11 | | and on or before January 31, 2022 June 30, 2021 ; except that | 12 | | the presumption shall not apply if the policeman was on a leave | 13 | | of absence from his or her employment or otherwise not | 14 | | required to report for duty for a period of 14 or more | 15 | | consecutive days immediately prior to the date of contraction | 16 | | of COVID-19. For the purposes of determining when a policeman | 17 | | contracted COVID-19 under this paragraph, the date of | 18 | | contraction is either the date that the policeman was | 19 | | diagnosed with COVID-19 or was unable to work due to symptoms | 20 | | that were later diagnosed as COVID-19, whichever occurred | 21 | | first. | 22 | | It is the intent of the General Assembly that the change | 23 | | made in this subsection (e) by this amendatory Act shall apply | 24 | | retroactively to March 9, 2020, and any policeman who has been | 25 | | previously denied a duty disability benefit that would | 26 | | otherwise be entitled to duty disability benefit under this |
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| 1 | | subsection (e) shall be entitled to retroactive benefits and | 2 | | duty disability benefit. | 3 | | (Source: P.A. 103-2, eff. 5-10-23.) | 4 | | (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140) | 5 | | Sec. 6-140. Death in the line of duty. | 6 | | (a) The annuity for the widow of a fireman whose death | 7 | | results from the performance of an act or acts of duty shall be | 8 | | an amount equal to 50% of the current annual salary attached to | 9 | | the classified position to which the fireman was certified at | 10 | | the time of his death and 75% thereof after December 31, 1972. | 11 | | Unless the performance of an act or acts of duty results | 12 | | directly in the death of the fireman, or prevents him from | 13 | | subsequently resuming active service in the fire department, | 14 | | the annuity herein provided shall not be paid; nor shall such | 15 | | annuities be paid unless the widow was the wife of the fireman | 16 | | at the time of the act or acts of duty which resulted in his | 17 | | death. | 18 | | For the purposes of this Section only, the death of any | 19 | | fireman as a result of the exposure to and contraction of | 20 | | COVID-19, as evidenced by either (i) a confirmed positive | 21 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 22 | | confirmed diagnosis of COVID-19 from a licensed medical | 23 | | professional, shall be rebuttably presumed to have been | 24 | | contracted while in the performance of an act or acts of duty | 25 | | and the fireman shall be rebuttably presumed to have been |
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| 1 | | fatally injured while in active service. The presumption shall | 2 | | apply to any fireman who was exposed to and contracted | 3 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 4 | | 2022 June 30, 2021 (including the period between December 31, | 5 | | 2020 and the effective date of this amendatory Act of the 101st | 6 | | General Assembly); except that the presumption shall not apply | 7 | | if the fireman was on a leave of absence from his or her | 8 | | employment or otherwise not required to report for duty for a | 9 | | period of 14 or more consecutive days immediately prior to the | 10 | | date of contraction of COVID-19. For the purposes of | 11 | | determining when a fireman contracted COVID-19 under this | 12 | | paragraph, the date of contraction is either the date that the | 13 | | fireman was diagnosed with COVID-19 or was unable to work due | 14 | | to symptoms that were later diagnosed as COVID-19, whichever | 15 | | occurred first. | 16 | | (b) The changes made to this Section by this amendatory | 17 | | Act of the 92nd General Assembly apply without regard to | 18 | | whether the deceased fireman was in service on or after the | 19 | | effective date of this amendatory Act. In the case of a widow | 20 | | receiving an annuity under this Section that has been reduced | 21 | | to 40% of current salary because the fireman, had he lived, | 22 | | would have attained the age prescribed for compulsory | 23 | | retirement, the annuity shall be restored to the amount | 24 | | provided in subsection (a), with the increase beginning to | 25 | | accrue on the later of January 1, 2001 or the day the annuity | 26 | | first became payable. |
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| 1 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 2 | | (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150) | 3 | | Sec. 6-150. Death benefit. | 4 | | (a) Effective January 1, 1962, an ordinary death benefit | 5 | | shall be payable on account of any fireman in service and in | 6 | | receipt of salary on or after such date, which benefit shall be | 7 | | in addition to all other annuities and benefits herein | 8 | | provided. This benefit shall be payable upon death of a | 9 | | fireman: | 10 | | (1) occurring in active service while in receipt of | 11 | | salary; | 12 | | (2) on an authorized and approved leave of absence, | 13 | | without salary, beginning on or after January 1, 1962, if | 14 | | the death occurs within 60 days from the date the fireman | 15 | | was in receipt of salary; | 16 | | (3) receiving duty, occupational disease, or ordinary | 17 | | disability benefit; | 18 | | (4) occurring within 60 days from the date of | 19 | | termination of duty disability, occupational disease | 20 | | disability or ordinary disability benefit payments if | 21 | | re-entry into service had not occurred; or | 22 | | (5) occurring on retirement and while in receipt of an | 23 | | age and service annuity, prior service annuity, Tier 2 | 24 | | monthly retirement annuity, or minimum annuity; provided | 25 | | (a) retirement on such annuity occurred on or after |
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| 1 | | January 1, 1962, and (b) such separation from service was | 2 | | effective on or after the fireman's attainment of age 50, | 3 | | and (c) application for such annuity was made within 60 | 4 | | days after separation from service. | 5 | | (b) The ordinary death benefit shall be payable to such | 6 | | beneficiary or beneficiaries as the fireman has nominated by | 7 | | written direction duly signed and acknowledged before an | 8 | | officer authorized to take acknowledgments, and filed with the | 9 | | board. If no such written direction has been filed or if the | 10 | | designated beneficiaries do not survive the fireman, payment | 11 | | of the benefit shall be made to his estate. | 12 | | (c) Beginning July 1, 1983, if death occurs prior to | 13 | | retirement on annuity and before the fireman's attainment of | 14 | | age 50, the amount of the benefit payable shall be $12,000. | 15 | | Beginning July 1, 1983, if death occurs prior to retirement, | 16 | | at age 50 or over, the benefit of $12,000 shall be reduced $400 | 17 | | for each year (commencing on the fireman's attainment of age | 18 | | 50 and thereafter on each succeeding birth date) that the | 19 | | fireman's age, at date of death, is more than age 49, but in no | 20 | | event below the amount of $6,000. | 21 | | Beginning July 1, 1983, if the fireman's death occurs | 22 | | while he is in receipt of an annuity, the benefit shall be | 23 | | $6,000. | 24 | | (d) For the purposes of this Section only, the death of any | 25 | | fireman as a result of the exposure to and contraction of | 26 | | COVID-19, as evidenced by either (i) a confirmed positive |
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| 1 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 2 | | confirmed diagnosis of COVID-19 from a licensed medical | 3 | | professional, shall be rebuttably presumed to have been | 4 | | contracted while in the performance of an act or acts of duty | 5 | | and the fireman shall be rebuttably presumed to have been | 6 | | fatally injured while in active service. The presumption shall | 7 | | apply to any fireman who was exposed to and contracted | 8 | | COVID-19 on or after March 9, 2020 and on or before January 31, | 9 | | 2022 June 30, 2021 (including the period between December 31, | 10 | | 2020 and the effective date of this amendatory Act of the 101st | 11 | | General Assembly); except that the presumption shall not apply | 12 | | if the fireman was on a leave of absence from his or her | 13 | | employment or otherwise not required to report for duty for a | 14 | | period of 14 or more consecutive days immediately prior to the | 15 | | date of contraction of COVID-19. For the purposes of | 16 | | determining when a fireman contracted COVID-19 under this | 17 | | subsection, the date of contraction is either the date that | 18 | | the fireman was diagnosed with COVID-19 or was unable to work | 19 | | due to symptoms that were later diagnosed as COVID-19, | 20 | | whichever occurred first. | 21 | | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.) | 22 | | (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151) | 23 | | Sec. 6-151. An active fireman who is or becomes disabled | 24 | | on or after the effective date as the result of a specific | 25 | | injury, or of cumulative injuries, or of specific sickness |
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| 1 | | incurred in or resulting from an act or acts of duty, shall | 2 | | have the right to receive duty disability benefit during any | 3 | | period of such disability for which he does not receive or have | 4 | | a right to receive salary, equal to 75% of his salary at the | 5 | | time the disability is allowed. However, beginning January 1, | 6 | | 1994, no duty disability benefit that has been payable under | 7 | | this Section for at least 10 years shall be less than 50% of | 8 | | the current salary attached from time to time to the rank and | 9 | | grade held by the fireman at the time of his removal from the | 10 | | Department payroll, regardless of whether that removal | 11 | | occurred before the effective date of this amendatory Act of | 12 | | 1993. | 13 | | Whenever an active fireman is or becomes so injured or | 14 | | sick, as to require medical or hospital attention, the chief | 15 | | officer of the fire department of the city shall file, or cause | 16 | | to be filed, with the board a report of the nature and cause of | 17 | | his disability, together with the certificate or report of the | 18 | | physician attending or treating, or who attended or treated | 19 | | the fireman, and a copy of any hospital record concerning the | 20 | | disability. Any injury or sickness not reported to the board | 21 | | in time to permit the board's physician to examine the fireman | 22 | | before his recovery, and any injury or sickness for which a | 23 | | physician's report or copy of the hospital record is not on | 24 | | file with the board shall not be considered for the payment of | 25 | | duty disability benefit. | 26 | | Such fireman shall also receive a child's disability |
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| 1 | | benefit of $30 per month on account of each unmarried child, | 2 | | the issue of the fireman or legally adopted by him, who is less | 3 | | than 18 years of age or handicapped and dependent upon the | 4 | | fireman for support. The total amount of child's disability | 5 | | benefit shall not exceed 25% of his salary at the time the | 6 | | disability is allowed. | 7 | | The first payment of duty disability or child's disability | 8 | | benefit shall be made not later than one month after the | 9 | | benefit is granted. Each subsequent payment shall be made not | 10 | | later than one month after the date of the latest payment. | 11 | | Duty disability benefit shall be payable during the period | 12 | | of the disability until the fireman reaches the age of | 13 | | compulsory retirement. Child's disability benefit shall be | 14 | | paid to such a fireman during the period of disability until | 15 | | such child or children attain age 18 or marries, whichever | 16 | | event occurs first; except that attainment of age 18 by a child | 17 | | who is so physically or mentally handicapped as to be | 18 | | dependent upon the fireman for support, shall not render the | 19 | | child ineligible for child's disability benefit. The fireman | 20 | | shall thereafter receive such annuity or annuities as are | 21 | | provided for him in accordance with other provisions of this | 22 | | Article. | 23 | | For the purposes of this Section only, any fireman who | 24 | | becomes disabled as a result of exposure to and contraction of | 25 | | COVID-19, as evidenced by either a confirmed positive | 26 | | laboratory test for COVID-19 or COVID-19 antibodies or a |
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| 1 | | confirmed diagnosis of COVID-19 from a licensed medical | 2 | | professional shall: | 3 | | (1) be rebuttably presumed to have contracted COVID-19 | 4 | | while in the performance of an act or acts of duty; | 5 | | (2) be rebuttably presumed to have been injured while | 6 | | in the performance of an act or acts of duty; and | 7 | | (3) be entitled to receive a duty disability benefit | 8 | | during any period of such disability for which the fireman | 9 | | does not have a right to receive salary, in an amount equal | 10 | | to 75% of the fireman's salary, as salary is defined in | 11 | | this Article, at the time the disability is allowed, in | 12 | | accordance with this Section. | 13 | | The presumption shall apply to any fireman who was exposed | 14 | | to and contracted COVID-19 on or after March 9, 2020 and on or | 15 | | before January 31, 2022 June 30, 2021 ; except that the | 16 | | presumption shall not apply if the fireman was on a leave of | 17 | | absence from his or her employment or otherwise not required | 18 | | to report for duty for a period of 14 or more consecutive days | 19 | | immediately prior to the date of contraction of COVID-19. For | 20 | | the purposes of determining when a fireman contracted COVID-19 | 21 | | under this paragraph, the date of contraction is either the | 22 | | date that the fireman was diagnosed with COVID-19 or was | 23 | | unable to work due to symptoms that were later diagnosed as | 24 | | COVID-19, whichever occurred first. | 25 | | It is the intent of the General Assembly that the change | 26 | | made by this amendatory Act shall apply retroactively to March |
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| 1 | | 9, 2020, and any fireman who has been previously denied a duty | 2 | | disability benefit that would otherwise be entitled to duty | 3 | | disability benefit under this Section shall be entitled to | 4 | | retroactive benefits and duty disability benefit. | 5 | | (Source: P.A. 103-2, eff. 5-10-23.) | 6 | | Section 90. The State Mandates Act is amended by adding | 7 | | Section 8.48 as follows: | 8 | | (30 ILCS 805/8.48 new) | 9 | | Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and | 10 | | 8 of this Act, no reimbursement by the State is required for | 11 | | the implementation of any mandate created by this amendatory | 12 | | Act of the 103rd General Assembly. | 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law. |
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