Illinois Compiled Statutes
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40 ILCS 5/6-151
(40 ILCS 5/6-151)
(from Ch. 108 1/2, par. 6-151)
An active fireman who is or becomes disabled on or after the
effective date as the result of a specific injury, or of cumulative
injuries, or of specific sickness incurred in or resulting from an act or
acts of duty, shall have the right to receive duty disability benefit
during any period of such disability for which he does not receive or have
a right to receive salary, equal to 75% of his salary at the time the
disability is allowed. However, beginning January 1, 1994, no
duty disability benefit that has been payable under this Section for at least
10 years shall be less than 50%
of the current salary attached from time to time to the rank and grade held
by the fireman at the time of his removal from the Department payroll,
regardless of whether that removal occurred before the effective date of
this amendatory Act of 1993.
Whenever an active fireman is or becomes so injured or sick, as to
require medical or hospital attention, the chief officer of the fire
department of the city shall file, or cause to be filed, with the board a
report of the nature and cause of his disability, together with the
certificate or report of the physician attending or treating, or who
attended or treated the fireman, and a copy of any hospital record
concerning the disability. Any injury or sickness not reported to the board
in time to permit the board's physician to examine the fireman before his
recovery, and any injury or sickness for which a physician's report or copy
of the hospital record is not on file with the board shall not be
considered for the payment of duty disability benefit.
Such fireman shall also receive a child's disability benefit of $30 per
month on account of each unmarried child, the issue of the fireman or
legally adopted by him, who is less
than 18 years of age or handicapped and dependent upon the fireman for
support. The total amount of child's disability benefit shall not exceed
25% of his salary at the time the disability is allowed.
The first payment of duty disability or child's disability benefit shall
be made not later than one month after the benefit is granted. Each
subsequent payment shall be made not later than one month after the date of
the latest payment.
Duty disability benefit shall be payable during the period of the
disability until the fireman reaches the age of compulsory retirement.
Child's disability benefit shall be paid to such a fireman during the
period of disability until such child or children attain age 18 or marries,
whichever event occurs first; except that attainment of age 18 by a child
who is so physically or mentally handicapped as to be dependent upon the
fireman for support, shall not render the child ineligible for child's
disability benefit. The fireman shall thereafter receive such
annuity or annuities as are provided for him in accordance with other
provisions of this Article.
For the purposes of this Section only, any fireman who becomes disabled as a result of exposure to and contraction of COVID-19, as evidenced by either a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or a confirmed diagnosis of COVID-19 from a licensed medical professional shall:
(1) be rebuttably presumed to have contracted
COVID-19 while in the performance of an act or acts of duty;
(2) be rebuttably presumed to have been injured
while in the performance of an act or acts of duty; and
(3) be entitled to receive a duty disability benefit
during any period of such disability for which the fireman does not have a right to receive salary, in an amount equal to 75% of the fireman's salary, as salary is defined in this Article, at the time the disability is allowed, in accordance with this Section.
The presumption shall apply to any fireman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021; except that the presumption shall not apply if the fireman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a fireman contracted COVID-19 under this paragraph, the date of contraction is either the date that the fireman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first.
It is the intent of the General Assembly that the change made by this amendatory Act shall apply retroactively to March 9, 2020, and any fireman who has been previously denied a duty disability benefit that would otherwise be entitled to duty disability benefit under this Section shall be entitled to retroactive benefits and duty disability benefit.
(Source: P.A. 103-2, eff. 5-10-23.)