State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_HB0658

      40 ILCS 5/4-110           from Ch. 108 1/2, par. 4-110
      40 ILCS 5/4-110.1         from Ch. 108 1/2, par. 4-110.1
      30 ILCS 805/8.21 new
          Amends the Downstate Firefighter Article of  the  Pension
      Code.   Increases the duty disability benefit from 65% to 75%
      of salary; makes a  corresponding  increase  in  the  maximum
      children's  benefit.  Adds stroke and diseases caused by air-
      or blood-borne pathogens to the list of occupational diseases
      for which a disability benefit may be granted.  Increases the
      occupational  disease  disability  benefit   for   disability
      resulting  from  a  communicable  disease  from 65% to 75% of
      salary;  makes  a  corresponding  increase  in  the   maximum
      children's benefit.  Amends the State Mandates Act to require
      implementation without reimbursement.  Effective immediately.
                                                     LRB9000404EGfg
                                               LRB9000404EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 4-110 and 4-110.1 and to amend  the  State  Mandates
 3    Act.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The  Illinois  Pension  Code  is  amended  by
 7    changing Sections 4-110 and 4-110.1 as follows:
 8        (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
 9        Sec.  4-110.  Disability  pension  -  Line of duty.  If a
10    firefighter, as the result of sickness,  accident  or  injury
11    incurred  in  or  resulting from the performance of an act of
12    duty or from the cumulative  effects  of  acts  of  duty,  is
13    found,  pursuant  to  Section  4-112,  to  be  physically  or
14    mentally   permanently  disabled  for  service  in  the  fire
15    department, so as to render necessary his or her being placed
16    on disability pension, the firefighter shall be entitled to a
17    disability pension of 75% 65% of the monthly salary  attached
18    to  the rank held by him or her in the fire department at the
19    date he or  she  is  removed  from  the  municipality's  fire
20    department  payroll.   A  firefighter shall be considered "on
21    duty" while on any assignment approved by the  chief  of  the
22    fire department, even though away from the municipality he or
23    she  serves as a firefighter, if the assignment is related to
24    the fire protection service of the municipality.
25        Such firefighter shall also  be  entitled  to  a  child's
26    disability  benefit  of  $20  a  month  on  account  of  each
27    unmarried  child less than 18 years of age and dependent upon
28    the  firefighter  for  support,  either  the  issue  of   the
29    firefighter  or  legally  adopted  by  him or her.  The total
30    amount  of  child's  disability  benefit   payable   to   the
31    firefighter,  when  added  to  his or her disability pension,
                            -2-                LRB9000404EGfg
 1    shall not exceed 85% 75% of the amount of  salary  which  the
 2    firefighter was receiving at the date of retirement.
 3        Benefits payable on account of a child under this Section
 4    shall  not  be reduced or terminated by reason of the child's
 5    attainment of age 18 if he or she is then dependent by reason
 6    of a physical or mental disability but shall continue  to  be
 7    paid  as long as such dependency continues.  Individuals over
 8    the age of 18 and adjudged to be disabled persons pursuant to
 9    Article XIa of the Probate Act of 1975,  except  for  persons
10    receiving  benefits  under Article III of the Illinois Public
11    Aid Code, shall be eligible to receive  benefits  under  this
12    Act.
13        If  a firefighter dies while still disabled and receiving
14    a disability  pension  under  this  Section,  the  disability
15    pension  shall  continue  to  be  paid  to  the firefighter's
16    survivors but shall, from the date of death,  become  subject
17    to  the  requirements,  including limitations on amount, that
18    are provided for pensions to survivors under  Section  4-114.
19    A  pension  previously  granted  under  Section  4-114  to  a
20    survivor   of  a  firefighter  who  died  while  receiving  a
21    disability pension under this Section shall be deemed to be a
22    continuation of the pension provided under this  Section  and
23    shall  be deemed to be in the nature of worker's compensation
24    payments.   The  changes  to  this  Section  made   by   this
25    amendatory Act of 1995 are intended to be retroactive and are
26    not  limited  to persons in service on or after its effective
27    date.
28    (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
29        (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
30        Sec. 4-110.1. Occupational  disease  disability  pension.
31    The   General   Assembly  finds  that  service  in  the  fire
32    department requires  firefighters  in  times  of  stress  and
33    danger  to  perform  unusual  tasks;  that  firefighters  are
                            -3-                LRB9000404EGfg
 1    subject  to  exposure  to  extreme  heat  or  extreme cold in
 2    certain seasons while performing their duties; that they  are
 3    required  to  work  in  the midst of and are subject to heavy
 4    smoke fumes, and carcinogenic, poisonous, toxic  or  chemical
 5    gases  from  fires;  that  they  are  subject  to exposure to
 6    various infectious diseases; and that these conditions  exist
 7    and arise out of or in the course of employment.
 8        An  active firefighter with 5 or more years of creditable
 9    service who is found, pursuant to Section  4-112,  unable  to
10    perform his or her duties in the fire department by reason of
11    heart  disease,  stroke,  tuberculosis, any disease caused by
12    air- or blood-borne pathogens, or any disease of the lungs or
13    respiratory tract, resulting from service as  a  firefighter,
14    is  entitled  to  an  occupational disease disability pension
15    during any period of such disability for which he or she  has
16    no right to receive salary.
17        Any  active firefighter who has completed 5 or more years
18    of service and is unable to perform his or her duties in  the
19    fire  department  by  reason  of  a  disabling  cancer, which
20    develops or  manifests  itself  during  a  period  while  the
21    firefighter  is  in the service of the fire department, shall
22    be entitled to receive  an  occupational  disease  disability
23    benefit  during any period of such disability for which he or
24    she does not have a right to receive  salary.   In  order  to
25    receive  this  occupational  disease  disability benefit, the
26    type of cancer involved must be a type which may be caused by
27    exposure to heat, radiation or a known carcinogen as  defined
28    by the International Agency for Research on Cancer.
29        A  firefighter  who  enters  the service after August 27,
30    1971 shall be examined by one or more  practicing  physicians
31    appointed   by   the  board.  If  the  examination  discloses
32    impairment  of  the  heart,  lungs  or   respiratory   tract,
33    potentially   disabling   disease   caused   by  an  air-  or
34    blood-borne pathogen, or the existence  of  any  cancer,  the
                            -4-                LRB9000404EGfg
 1    firefighter shall not be entitled to the occupational disease
 2    disability  pension unless and until a subsequent examination
 3    reveals no such impairment, disease, or cancer.
 4        The occupational disease disability pension shall be  65%
 5    (75%  if  the  disability  is  the  result  of a communicable
 6    disease) of the salary attached  to  the  rank  held  by  the
 7    firefighter  in  the  fire  service at the time of his or her
 8    removal from the municipality's fire department payroll.
 9        The firefighter is also entitled to a child's  disability
10    benefit  of  $20  a month for each natural or legally adopted
11    unmarried  child  less  than  age  18  dependent   upon   the
12    firefighter   for  support.   The  total  child's  disability
13    benefit when added to  the  occupational  disease  disability
14    pension  shall  not  exceed 75% (85% if the disability is the
15    result of a communicable disease) of the firefighter's salary
16    at the time of the grant of occupational  disease  disability
17    pension.
18        The occupational disease disability pension is payable to
19    the  firefighter during the period of the disability.  If the
20    disability ceases before the death of  the  firefighter,  the
21    disability  pension  payable  under  this  Section shall also
22    cease and  the  firefighter  thereafter  shall  receive  such
23    pension  benefits  as  are  provided in accordance with other
24    provisions of this Article.
25        If a firefighter dies while still disabled and  receiving
26    a  disability  pension  under  this  Section,  the disability
27    pension shall  continue  to  be  paid  to  the  firefighter's
28    survivors  but  shall, from the date of death, become subject
29    to the requirements, including limitations  on  amount,  that
30    are  provided  for pensions to survivors under Section 4-114.
31    A  pension  previously  granted  under  Section  4-114  to  a
32    survivor  of  a  firefighter  who  died  while  receiving   a
33    disability pension under this Section shall be deemed to be a
34    continuation  of  the pension provided under this Section and
                            -5-                LRB9000404EGfg
 1    shall be deemed to be in the nature of worker's  occupational
 2    disease  compensation  payments.  The changes to this Section
 3    made by this amendatory  Act  of  1995  are  intended  to  be
 4    retroactive  and  are not limited to persons in service on or
 5    after its effective date.
 6        The child's disability benefit  shall  terminate  if  the
 7    disability  ceases while the firefighter is alive or when the
 8    child or children attain age 18  or  marry,  whichever  event
 9    occurs  first,  except  that benefits payable on account of a
10    child under this Section shall not be reduced  or  terminated
11    by reason of the child's attainment of age 18 if he or she is
12    then  dependent  by reason of a physical or mental disability
13    but shall continue to be paid  as  long  as  such  dependency
14    continues.   Individuals over the age of 18 and adjudged as a
15    disabled person pursuant to Article XIa of the Probate Act of
16    1975, except for persons receiving benefits under Article III
17    of the Illinois Public Aid Code, shall be eligible to receive
18    benefits under this Act.
19    (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.)
20        Section 90.  The State Mandates Act is amended by  adding
21    Section 8.21 as follows:
22        (30 ILCS 805/8.21 new)
23        Sec.  8.21.  Exempt  mandate.  Notwithstanding Sections 6
24    and 8 of this Act, no reimbursement by the State is  required
25    for  the  implementation  of  any  mandate  created  by  this
26    amendatory Act of 1997.
27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

[ Top ]