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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.