Illinois Compiled Statutes
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40 ILCS 5/6-151.1
(40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
The General Assembly finds and declares that service in the
Fire Department requires that firemen, in times of stress and danger, must
perform unusual tasks; that by reason of their occupation, firemen are subject
to exposure to great heat and to extreme cold in certain seasons while in
performance of their duties; that by reason of their employment firemen are
required to work in the midst of and are subject to heavy smoke fumes and
carcinogenic, poisonous, toxic or chemical gases from fires; and that in the
course of their rescue and paramedic duties firemen are exposed to disabling
infectious diseases, including AIDS, hepatitis C, and stroke. The General
Assembly further finds and declares that all the aforementioned conditions
exist and arise out of or in the course of such employment.
Any active fireman who has completed 7 or more years of service
and is unable to perform his duties in the Fire Department by reason of heart
disease, tuberculosis, any disease of the lungs or respiratory
tract, AIDS, hepatitis C, stroke, or a contagious staph infection, including methicillin-resistant Staphylococcus aureus (MRSA), resulting from his service
as a fireman, shall be entitled to receive an occupational disease disability
benefit during any period of such disability for which he does not have a right
to receive salary.
Any active fireman who has completed 7 or more years of service
and is unable to perform his duties in the fire department by reason of a
disabling cancer, which develops or manifests itself during a period while
the fireman is in the service of the department, shall be entitled to
receive an occupational disease disability benefit during any period of
such disability for which he does not have a right to receive salary. In
order to receive this occupational disease disability benefit, the type of
cancer involved must be a type which may be caused by exposure to heat,
radiation or a known carcinogen as defined by the International Agency for
Research on Cancer.
Any fireman receiving a retirement annuity shall be entitled to an occupational disease disability benefit under this Section if the fireman (1) has not reached the age of compulsory retirement, (2) has not been receiving a retirement annuity for more than 5 years, and (3) has a condition
that would have qualified the fireman for an occupational disease disability benefit under this Section if he or she was an active fireman. A fireman who receives an occupational disease disability benefit in accordance with this paragraph may not receive a retirement annuity during the period in which he or she receives an occupational disease disability benefit. The occupational disease disability benefit shall terminate upon the fireman reaching the age of compulsory retirement.
Any fireman who shall enter the service after the effective date of this
amendatory Act shall be examined by one or more practicing physicians appointed
by the Board, and if that
examination discloses impairment of
the heart, lungs, or respiratory tract, or the existence of AIDS,
hepatitis C, stroke, cancer, or a contagious staph infection, including methicillin-resistant Staphylococcus aureus (MRSA), then the fireman shall
entitled to receive an occupational disease disability benefit unless and
until a subsequent examination reveals no such impairment, AIDS,
hepatitis C, stroke, cancer, or contagious staph infection, including methicillin-resistant Staphylococcus aureus (MRSA).
The occupational disease disability benefit shall be 65% of the
fireman's salary at the time of his removal from the Department payroll.
However, beginning January 1, 1994, no occupational disease 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.
Such fireman also shall have a right to receive child's disability
benefit of $30 per month on account of each unmarried child who is less than
18 years of age or handicapped, dependent upon the fireman for support, and
either the issue of the fireman or legally adopted by him. The total
amount of child's disability benefit payable to the fireman, when added to
his occupational disease disability benefit, shall not exceed 75% of the
amount of salary which he was receiving at the time of the grant of
occupational disease disability benefit.
The first payment of occupational disease disability benefit 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.
Occupational disease 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 marry, 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 thereafter shall
receive such annuity or annuities as are provided for him in accordance
with other provisions of this Article.
(Source: P.A. 102-91, eff. 7-9-21; 102-1064, eff. 6-10-22.)