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| Public Act 102-0091 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by | ||||
changing Section 6-151.1 as follows:
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(40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
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Sec. 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
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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.
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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, | ||
or stroke 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.
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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
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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.
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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, or cancer, then the fireman shall
not be
entitled to | ||
receive an occupational disease disability benefit unless and
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until a subsequent examination reveals no such impairment, | ||
AIDS,
hepatitis C, stroke, or cancer.
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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.
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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
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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.
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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.
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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
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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.
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(Source: P.A. 93-654, eff. 1-16-04.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.45 as follows: | ||
(30 ILCS 805/8.45 new) | ||
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | ||
8 of this Act, no reimbursement by the State is required for | ||
the implementation of any mandate created by this amendatory | ||
Act of the 102nd General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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