Full Text of HB3162 103rd General Assembly
HB3162enr 103RD GENERAL ASSEMBLY |
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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 5-154 and 6-151 as follows:
| 6 | | (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
| 7 | | Sec. 5-154. Duty disability benefit; child's disability | 8 | | benefit.
| 9 | | (a) An active policeman who becomes disabled on or after | 10 | | the
effective date as the result of injury incurred on or after | 11 | | such
date in the performance of an act of duty, has a right to | 12 | | receive duty
disability benefit during any period of such | 13 | | disability for which he
does not have a right to receive | 14 | | salary, equal to 75% of his salary, as
salary is defined in | 15 | | this Article, at the time the disability is allowed;
or in the | 16 | | case of a policeman on duty disability who returns
to active | 17 | | employment at any time for a period of at least 2
years and is | 18 | | again disabled from the same cause or causes,
75% of his | 19 | | salary, as salary is defined in this Article, at
the time | 20 | | disability is allowed; provided, however, that:
| 21 | | (i) If the disability resulted from any physical | 22 | | defect or mental
disorder or any disease which existed at | 23 | | the time the injury was
sustained, or if the disability is |
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| 1 | | less than 50% of total disability for
any service of a | 2 | | remunerative character, the duty disability benefit
shall | 3 | | be 50% of salary as defined in this Article.
| 4 | | (ii) Beginning January 1, 1996, no duty disability
| 5 | | benefit that has been payable under this Section for at | 6 | | least 10 years shall be
less than 50% of the current salary | 7 | | attached from time to time to the rank held
by the | 8 | | policeman at the time of removal from the police | 9 | | department payroll,
regardless of whether that removal | 10 | | occurred before the effective date of this
amendatory Act | 11 | | of 1995.
Beginning on January 1, 2000, no duty disability | 12 | | benefit that has
been payable under this Section for at | 13 | | least 7 years shall be less than 60% of
the current salary | 14 | | attached from time to time to the rank held by the | 15 | | policeman
at the time of removal from the police | 16 | | department payroll, regardless of
whether that removal | 17 | | occurred before the effective date of this amendatory
Act | 18 | | of the 92nd General Assembly.
| 19 | | (iii) If the Board finds that the disability of the | 20 | | policeman is of such
a nature as to permanently render him | 21 | | totally disabled for any service of a
remunerative | 22 | | character, the duty disability benefit shall be 75% of the | 23 | | current
salary attached from time to time to the rank held | 24 | | by the policeman at the time
of removal from the police | 25 | | department payroll. In the case of a policeman
receiving a | 26 | | duty disability benefit under this Section on the |
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| 1 | | effective date
of this amendatory Act of the 92nd General | 2 | | Assembly, the increase in benefit
provided by this | 3 | | amendatory Act, if any, shall begin to accrue as of the | 4 | | date
that the Board makes the required finding of | 5 | | permanent total disability,
regardless of whether removal | 6 | | from the payroll occurred before the effective
date of | 7 | | this amendatory Act.
| 8 | | (b) The policeman shall also have a right to child's | 9 | | disability benefit
of $100 per month for each unmarried child, | 10 | | the issue of the
policeman, less than age 18, but the total | 11 | | amount of child's disability benefit
shall not exceed 25% of | 12 | | his salary as defined in this Article. The increase
in child's | 13 | | disability benefit provided by this amendatory Act of the 92nd
| 14 | | General Assembly applies beginning January 1, 2000 to all such | 15 | | benefits payable
on or after that date, regardless of whether | 16 | | the disabled policeman is in
active service on or after the | 17 | | effective date of this amendatory Act.
| 18 | | (c) Duty disability benefit shall be payable until the | 19 | | policeman
becomes age 63 or would have been retired by | 20 | | operation of law, whichever
is later, and child's disability | 21 | | benefit shall be paid during any such
period of disability | 22 | | until the child attains age 18. Thereafter the
policeman shall | 23 | | receive the annuity provided in accordance with the
other | 24 | | provisions of this Article.
| 25 | | (d) A policeman who suffers a heart attack during the | 26 | | performance
and discharge of his or her duties as a policeman |
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| 1 | | shall be considered
injured in the performance of an act of | 2 | | duty and shall be eligible for
all benefits that the City | 3 | | provides for police officers injured in the
performance of an | 4 | | act of duty. This subsection (d) is a restatement of
existing | 5 | | law and applies without regard to whether the policeman is in | 6 | | service
on or after the effective date of Public Act 89-12 or | 7 | | this amendatory Act of
1996.
| 8 | | (e) For the purposes of this Section only, any policeman | 9 | | who becomes disabled as a result of exposure to and | 10 | | contraction of COVID-19, as evidenced by either a confirmed | 11 | | positive laboratory test for COVID-19 or COVID-19 antibodies | 12 | | or a confirmed diagnosis of COVID-19 from a licensed medical | 13 | | professional, shall: | 14 | | (1) be rebuttably presumed to have contracted COVID-19 | 15 | | while in the performance of an act or acts of duty; | 16 | | (2) be rebuttably presumed to have been injured while | 17 | | in the performance of an act or acts of duty; and | 18 | | (3) be entitled to receive a duty disability benefit | 19 | | during any period of such disability for which the | 20 | | policeman does not have a right to receive salary, in an | 21 | | amount equal to 75% of the policeman's salary, as salary | 22 | | is defined in this Article, at the time the disability is | 23 | | allowed, in accordance with subsection (a). | 24 | | The presumption shall apply to any policeman who was | 25 | | exposed to and contracted COVID-19 on or after March 9, 2020 | 26 | | and on or before June 30, 2021; except that the presumption |
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| 1 | | shall not apply if the policeman was on a leave of absence from | 2 | | his or her employment or otherwise not required to report for | 3 | | duty for a period of 14 or more consecutive days immediately | 4 | | prior to the date of contraction of COVID-19. For the purposes | 5 | | of determining when a policeman contracted COVID-19 under this | 6 | | paragraph, the date of contraction is either the date that the | 7 | | policeman was diagnosed with COVID-19 or was unable to work | 8 | | due to symptoms that were later diagnosed as COVID-19, | 9 | | whichever occurred first. | 10 | | It is the intent of the General Assembly that the change | 11 | | made in this subsection (e) by this amendatory Act shall apply | 12 | | retroactively to March 9, 2020, and any policeman who has been | 13 | | previously denied a duty disability benefit that would | 14 | | otherwise be entitled to duty disability benefit under this | 15 | | subsection (e) shall be entitled to retroactive benefits and | 16 | | duty disability benefit. | 17 | | (Source: P.A. 92-52, eff. 7-12-01.)
| 18 | | (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
| 19 | | Sec. 6-151. An active fireman who is or becomes disabled | 20 | | on or after the
effective date as the result of a specific | 21 | | injury, or of cumulative
injuries, or of specific sickness | 22 | | incurred in or resulting from an act or
acts of duty, shall | 23 | | have the right to receive duty disability benefit
during any | 24 | | period of such disability for which he does not receive or have
| 25 | | a right to receive salary, equal to 75% of his salary at the |
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| 1 | | time the
disability is allowed. However, beginning January 1, | 2 | | 1994, no
duty disability benefit that has been payable under | 3 | | this Section for at least
10 years shall be less than 50%
of | 4 | | the current salary attached from time to time to the rank and | 5 | | grade held
by the fireman at the time of his removal from the | 6 | | Department payroll,
regardless of whether that removal | 7 | | occurred before the effective date of
this amendatory Act of | 8 | | 1993.
| 9 | | Whenever an active fireman is or becomes so injured or | 10 | | sick, as to
require medical or hospital attention, the chief | 11 | | officer of the fire
department of the city shall file, or cause | 12 | | to be filed, with the board a
report of the nature and cause of | 13 | | his disability, together with the
certificate or report of the | 14 | | physician attending or treating, or who
attended or treated | 15 | | the fireman, and a copy of any hospital record
concerning the | 16 | | disability. Any injury or sickness not reported to the board
| 17 | | in time to permit the board's physician to examine the fireman | 18 | | before his
recovery, and any injury or sickness for which a | 19 | | physician's report or copy
of the hospital record is not on | 20 | | file with the board shall not be
considered for the payment of | 21 | | duty disability benefit.
| 22 | | Such fireman shall also receive a child's disability | 23 | | benefit of $30 per
month on account of each unmarried child, | 24 | | the issue of the fireman or
legally adopted by him, who is less
| 25 | | than 18 years of age or handicapped and dependent upon the | 26 | | fireman for
support. The total amount of child's disability |
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| 1 | | benefit shall not exceed
25% of his salary at the time the | 2 | | disability is allowed.
| 3 | | The first payment of duty disability or child's disability | 4 | | benefit shall
be made not later than one month after the | 5 | | benefit is granted. Each
subsequent payment shall be made not | 6 | | later than one month after the date of
the latest payment.
| 7 | | Duty disability benefit shall be payable during the period | 8 | | of the
disability until the fireman reaches the age of | 9 | | compulsory retirement.
Child's disability benefit shall be | 10 | | paid to such a fireman during the
period of disability until | 11 | | such child or children attain age 18 or marries,
whichever | 12 | | event occurs first; except that attainment of age 18 by a child
| 13 | | who is so physically or mentally handicapped as to be | 14 | | dependent upon the
fireman for support, shall not render the | 15 | | child ineligible for child's
disability benefit. The fireman | 16 | | shall thereafter receive such
annuity or annuities as are | 17 | | provided for him in accordance with other
provisions of this | 18 | | Article.
| 19 | | For the purposes of this Section only, any fireman who | 20 | | becomes disabled as a result of exposure to and contraction of | 21 | | COVID-19, as evidenced by either a confirmed positive | 22 | | laboratory test for COVID-19 or COVID-19 antibodies or a | 23 | | 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 fireman | 5 | | does not have a right to receive salary, in an amount equal | 6 | | to 75% of the fireman's salary, as salary is defined in | 7 | | this Article, at the time the disability is allowed, in | 8 | | accordance with this Section. | 9 | | The presumption shall apply to any fireman who was exposed | 10 | | to and contracted COVID-19 on or after March 9, 2020 and on or | 11 | | before June 30, 2021; except that the presumption shall not | 12 | | apply 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 | | paragraph, the date of contraction is either the date that the | 18 | | fireman was diagnosed with COVID-19 or was unable to work due | 19 | | to symptoms that were later diagnosed as COVID-19, whichever | 20 | | occurred first. | 21 | | It is the intent of the General Assembly that the change | 22 | | made by this amendatory Act shall apply retroactively to March | 23 | | 9, 2020, and any fireman who has been previously denied a duty | 24 | | disability benefit that would otherwise be entitled to duty | 25 | | disability benefit under this Section shall be entitled to | 26 | | retroactive benefits and duty disability benefit. |
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| 1 | | (Source: P.A. 95-279, eff. 1-1-08.)
| 2 | | Section 90. The State Mandates Act is amended by adding | 3 | | Section 8.47 as follows: | 4 | | (30 ILCS 805/8.47 new) | 5 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 6 | | 8 of this Act, no reimbursement by the State is required for | 7 | | the implementation of any mandate created by this amendatory | 8 | | Act of the 103rd General Assembly.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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