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90_HB0034
40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1
30 ILCS 805/8.21 new
Amends the Chicago Firefighter Article of the Pension
Code to add stroke and diseases caused by air- or blood-borne
pathogens to the occupational diseases for which a disability
benefit may be granted. Amends the State Mandates Act to
require implementation without reimbursement. Effective
immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 6-151.1 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 6-151.1 as follows:
7 (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
8 Sec. 6-151.1. The General Assembly finds and declares
9 that service in the Fire Department requires that firemen, in
10 times of stress and danger must perform unusual tasks; that
11 by reason of their occupation, firemen are subject to
12 exposure to great heat and to extreme cold in certain seasons
13 while in performance of their duties; that by reason of their
14 employment firemen are required to work in the midst of and
15 are subject to heavy smoke fumes, and carcinogenic,
16 poisonous, toxic or chemical gases from fires. The General
17 Assembly further finds and declares that all the
18 aforementioned conditions exist and arise out of or in the
19 course of such employment.
20 Any active fireman who has completed 10 ten or more years
21 of service and is unable to perform his duties in the Fire
22 Department by reason of heart disease, stroke, tuberculosis,
23 any disease caused by air- or blood-borne pathogens, or any
24 disease of the lungs or respiratory tract, resulting solely
25 from his service as a fireman, shall be entitled to receive
26 an occupational disease disability benefit during any period
27 of such disability for which he does not have a right to
28 receive salary.
29 Any active fireman who has completed ten or more years of
30 service and is unable to perform his duties in the fire
31 department by reason of a disabling cancer, which develops or
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1 manifests itself during a period while the fireman is in the
2 service of the department, shall be entitled to receive an
3 occupational disease disability benefit during any period of
4 such disability for which he does not have a right to receive
5 salary. In order to receive this occupational disease
6 disability benefit, the type of cancer involved must be a
7 type which may be caused by exposure to heat, radiation or a
8 known carcinogen as defined by the International Agency for
9 Research on Cancer.
10 Any fireman who shall enter the service after the
11 effective date of this amendatory Act shall be examined by
12 one or more practicing physicians appointed by the Board, and
13 if said examination discloses impairment of the heart, lungs
14 or respiratory tract, or the existence of any cancer, such
15 fireman shall not be entitled to receive occupational disease
16 disability benefit unless and until a subsequent examination
17 reveals no such impairment or cancer.
18 The occupational disease disability benefit shall be 65%
19 of the fireman's salary at the time of his removal from the
20 Department payroll. However, beginning January 1, 1994, no
21 occupational disease disability benefit that has been payable
22 under this Section for at least 10 years shall be less than
23 50% of the current salary attached from time to time to the
24 rank and grade held by the fireman at the time of his removal
25 from the Department payroll, regardless of whether that
26 removal occurred before the effective date of this amendatory
27 Act of 1993.
28 Such fireman also shall have a right to receive child's
29 disability benefit of $30 per month on account of each
30 unmarried child who is less than 18 years of age or
31 handicapped, dependent upon the fireman for support, and
32 either the issue of the fireman or legally adopted by him.
33 The total amount of child's disability benefit payable to the
34 fireman, when added to his occupational disease disability
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1 benefit, shall not exceed 75% of the amount of salary which
2 he was receiving at the time of the grant of occupational
3 disease disability benefit.
4 The first payment of occupational disease disability
5 benefit or child's disability benefit shall be made not later
6 than one month after the benefit is granted. Each subsequent
7 payment shall be made not later than one month after the date
8 of the latest payment.
9 Occupational disease disability benefit shall be payable
10 during the period of the disability until the fireman reaches
11 the age of compulsory retirement. Child's disability benefit
12 shall be paid to such a fireman during the period of
13 disability until such child or children attain age 18 or
14 marry, whichever event occurs first; except that attainment
15 of age 18 by a child who is so physically or mentally
16 handicapped as to be dependent upon the fireman for support,
17 shall not render the child ineligible for child's disability
18 benefit. The fireman thereafter shall receive such annuity
19 or annuities as are provided for him in accordance with other
20 provisions of this Article.
21 (Source: P.A. 88-528.)
22 Section 90. The State Mandates Act is amended by adding
23 Section 8.21 as follows:
24 (30 ILCS 805/8.21 new)
25 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
26 and 8 of this Act, no reimbursement by the State is required
27 for the implementation of any mandate created by this
28 amendatory Act of 1997.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.