Bill Amendment: IL HB1461 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2021-04-23 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1461 Detail]
Download: Illinois-2021-HB1461-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2021-04-23 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1461 Detail]
Download: Illinois-2021-HB1461-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1461
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2 | AMENDMENT NO. ______. Amend House Bill 1461 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 367f as follows:
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6 | (215 ILCS 5/367f) (from Ch. 73, par. 979f)
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7 | Sec. 367f. Firemen's continuance privilege. As used in | ||||||
8 | this Section:
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9 | 1. The terms "municipality", "deferred pensioner" and | ||||||
10 | "creditable service"
shall have the meaning ascribed to such | ||||||
11 | terms by Sections 4-103, 4-105a and
4-108, respectively, of | ||||||
12 | the Illinois Pension Code, as now or hereafter amended.
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13 | 2. The terms "fireman" and "firemen" shall have the | ||||||
14 | meaning ascribed
to the term "firefighter" by Section 4-106 of | ||||||
15 | the Illinois
Pension Code, and include those persons under the | ||||||
16 | coverage of Article 4 of
that Code, as heretofore or hereafter |
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1 | amended.
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2 | 3. The "retirement or disability period" of a fireman | ||||||
3 | means the period:
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4 | a. which begins on the day the fireman is removed from | ||||||
5 | a municipality's
fire department payroll because of the | ||||||
6 | occurrence of any of the following
events, to wit: (i) the | ||||||
7 | fireman retires as a deferred pensioner under Section
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8 | 4-105a of the Illinois Pension Code, (ii) the fireman | ||||||
9 | retires from active
service as a fireman with an attained | ||||||
10 | age and accumulated creditable service
which together | ||||||
11 | qualify the fireman for immediate receipt of retirement | ||||||
12 | pension
benefits under Section 4-109 of the Illinois | ||||||
13 | Pension Code, or (iii) the
fireman's disability is | ||||||
14 | established under Section 4-112 of the Illinois
Pension | ||||||
15 | Code; and
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16 | b. which ends on the first to occur of any of the | ||||||
17 | following events,
to wit: (i) the fireman's reinstatement | ||||||
18 | or reentry into active service
on the municipality's fire | ||||||
19 | department as provided for under Article 4 of
the Illinois | ||||||
20 | Pension Code, (ii) the fireman's exercise of any refund | ||||||
21 | option
available under Section 4-116 of the Illinois | ||||||
22 | Pension Code, (iii) the fireman's
loss pursuant to Section | ||||||
23 | 4-138 of the Illinois Pension Code of any benefits
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24 | provided for in Article 4 of that Code, or (iv) the | ||||||
25 | fireman's death or --
if at the time of the fireman's death | ||||||
26 | the fireman is survived by a spouse
who, in that capacity, |
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1 | is entitled to receive a surviving spouse's monthly
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2 | pension pursuant to Article 4 of the Illinois Pension Code - | ||||||
3 | - then the death
or remarriage of that spouse.
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4 | No policy of group accident and health insurance under | ||||||
5 | which firemen
employed by a municipality are insured for their | ||||||
6 | individual benefit shall
be issued or delivered in this State | ||||||
7 | to any municipality unless such group
policy provides for the | ||||||
8 | election of continued group insurance coverage for
the | ||||||
9 | retirement or disability period of each fireman who is insured | ||||||
10 | under the
provisions of the group policy on the day | ||||||
11 | immediately preceding the day
on which the retirement or | ||||||
12 | disability period of such fireman begins , regardless of the | ||||||
13 | terms of an open enrollment period of the policy . So
long as | ||||||
14 | any required premiums for continued group insurance coverage | ||||||
15 | are
paid in accordance with the provisions of the group | ||||||
16 | policy, an election
made pursuant to this Section shall | ||||||
17 | provide continued group insurance
coverage for a fireman | ||||||
18 | throughout the retirement or disability period of
the fireman | ||||||
19 | and, unless the fireman otherwise elects and subject to any
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20 | other provisions of the group policy which relate either to | ||||||
21 | the provision
or to the termination of dependents' coverage | ||||||
22 | and which are not
inconsistent with this Section, for any | ||||||
23 | dependents of the fireman who are
insured under the group | ||||||
24 | policy on the day immediately preceding the day on
which the | ||||||
25 | retirement or disability period of the fireman begins; | ||||||
26 | provided,
however, that when such continued group insurance |
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1 | coverage is in effect
with respect to a fireman on the date
of | ||||||
2 | the fireman's death but the retirement or disability period of | ||||||
3 | the fireman
does not end with such fireman's death, then the | ||||||
4 | deceased fireman's surviving
spouse upon whose death or | ||||||
5 | remarriage such retirement or disability period
will end shall | ||||||
6 | be entitled, without further election and upon payment of
any | ||||||
7 | required premiums in accordance with the provisions of the | ||||||
8 | group policy,
to maintain such continued group
insurance | ||||||
9 | coverage in effect until the end of such retirement or | ||||||
10 | disability
period. Continued group insurance coverage shall be | ||||||
11 | provided in accordance
with this Section at the same premium | ||||||
12 | rate from time to time charged for
equivalent coverage | ||||||
13 | provided under the group policy with respect to covered
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14 | firemen whose retirement or disability period has not begun, | ||||||
15 | and no distinction
or discrimination in the amount or rate of | ||||||
16 | premiums or in any waiver of premium
or other benefit | ||||||
17 | provision shall be made between continued group insurance
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18 | coverage elected pursuant to this Section and equivalent | ||||||
19 | coverage provided
to firemen under the group policy other than | ||||||
20 | pursuant to the provisions
of this Section; provided that no | ||||||
21 | municipality shall be required by reason
of any provision of | ||||||
22 | this Section to pay any group insurance premium other
than one | ||||||
23 | that may be negotiated in a collective bargaining agreement.
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24 | If a person electing continued coverage under this Section | ||||||
25 | becomes
eligible for medicare coverage, benefits under the | ||||||
26 | group policy may
continue as a supplement to the medicare |
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1 | coverage upon payment of any
required premiums to maintain the | ||||||
2 | benefits of the group policy as
supplemental coverage.
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3 | Within 15 days of the beginning of the retirement or | ||||||
4 | disability period
of any fireman entitled to elect continued | ||||||
5 | group insurance coverage under any
group policy affected by | ||||||
6 | this Section, the municipality last employing such
fireman | ||||||
7 | shall give written notice of such beginning by certified mail, | ||||||
8 | return
receipt requested to the insurance company issuing such | ||||||
9 | policy. The notice
shall include the fireman's name and last | ||||||
10 | known place of residence and the
beginning date of the | ||||||
11 | fireman's retirement or disability period.
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12 | Within 15 days of the date of receipt of such notice from | ||||||
13 | the municipality,
the insurance company by certified mail, | ||||||
14 | return receipt requested, shall
give written notice to the | ||||||
15 | fireman at the fireman's last known place of
residence that | ||||||
16 | coverage under the group policy may be continued for the
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17 | retirement or disability period of the fireman as provided in | ||||||
18 | this Section.
Such notice shall set forth: (i) a statement of | ||||||
19 | election to be filed by
the fireman if the fireman wishes to | ||||||
20 | continue such group insurance coverage,
(ii) the amount of | ||||||
21 | monthly premium, including a statement of the portion
of such | ||||||
22 | monthly premium attributable to any dependents' coverage which | ||||||
23 | the
fireman may elect, and (iii) instructions as to the return | ||||||
24 | of the election
form to the insurance company issuing such | ||||||
25 | policy. Election shall be made,
if at all, by returning the | ||||||
26 | statement of election to the insurance company by
certified |
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1 | mail, return receipt requested within 15 days after having | ||||||
2 | received it.
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3 | If the fireman elects to continue coverage, it shall be | ||||||
4 | the obligation
of the fireman to pay the monthly premium | ||||||
5 | directly to the municipality which
shall forward it to the | ||||||
6 | insurance company
issuing the group insurance policy, or as | ||||||
7 | otherwise directed by the insurance
company; provided, | ||||||
8 | however, that the fireman shall be entitled to designate
on | ||||||
9 | the statement of election required to be filed with the | ||||||
10 | insurance company
that the total monthly premium, or such | ||||||
11 | portion thereof as is not
contributed by a municipality, be | ||||||
12 | deducted by a Firefighter's Pension
Fund from any monthly | ||||||
13 | pension payment otherwise payable
to or on behalf of the | ||||||
14 | fireman pursuant to Article 4 of the Illinois Pension
Code, | ||||||
15 | and be remitted by such Pension Fund to the insurance company. | ||||||
16 | The
portion, if any, of the monthly premium contributed by a
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17 | municipality for such continued group insurance coverage shall | ||||||
18 | be paid by
the municipality directly to the insurance company | ||||||
19 | issuing the group insurance
policy, or as otherwise directed | ||||||
20 | by the insurance company. Such continued
group insurance | ||||||
21 | coverage shall relate back to the beginning of the fireman's
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22 | retirement or disability period.
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23 | The amendment, renewal or extension of any group insurance | ||||||
24 | policy affected
by this Section shall be deemed to be the | ||||||
25 | issuance of a new policy of insurance
for purposes of this | ||||||
26 | Section.
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1 | In the event that a municipality makes a program of | ||||||
2 | accident, health,
hospital or medical benefits available to | ||||||
3 | its firemen through
self-insurance, or by participation in a | ||||||
4 | pool or reciprocal insurer, or by
contract in a form other than | ||||||
5 | a policy of group insurance with one or more
medical service | ||||||
6 | plans, health care service corporations, health maintenance
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7 | organizations, or any other professional corporations or plans | ||||||
8 | under which
health care or reimbursement for the costs thereof | ||||||
9 | is
provided, whether the cost of such benefits is borne by the | ||||||
10 | municipality or
the firemen or both, such firemen and their | ||||||
11 | surviving spouses shall have
the same right to elect continued | ||||||
12 | coverage under such program of benefits
as they would have if | ||||||
13 | such benefits were provided by a policy of group
accident and | ||||||
14 | health insurance. In such cases, the notice of right to elect
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15 | continued coverage shall be sent by the municipality; the | ||||||
16 | statement of
election shall be sent to the municipality; and | ||||||
17 | references to the required
premium shall refer to that portion | ||||||
18 | of the cost of such benefits which is not
borne by the | ||||||
19 | municipality, either voluntarily or pursuant to the provisions
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20 | of a collective bargaining agreement. In the case of a | ||||||
21 | municipality
providing such benefits through self-insurance or | ||||||
22 | participation in a pool or
reciprocal insurer, the right to | ||||||
23 | elect continued coverage which is provided
by this paragraph | ||||||
24 | shall be implemented and made available to the firemen of
the | ||||||
25 | municipality and qualifying surviving spouses not later than | ||||||
26 | July 1, 1985.
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1 | The amendment, renewal or extension of any such contract | ||||||
2 | in a form other
than a policy of group insurance policy shall | ||||||
3 | be deemed the formation of a
new contract for the purposes of | ||||||
4 | this Section.
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5 | This Section shall not limit the exercise of any | ||||||
6 | conversion privileges
available under Section 367e.
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7 | Pursuant to paragraphs (h) and (i) of Section 6 of Article | ||||||
8 | VII of the
Illinois Constitution, this Section specifically | ||||||
9 | denies and limits the
exercise by a home rule unit of any power | ||||||
10 | which is inconsistent with this
Section and all existing laws | ||||||
11 | and ordinances which are inconsistent with
this Section are | ||||||
12 | hereby superseded. This Section does not preempt the
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13 | concurrent exercise by home rule units of powers consistent | ||||||
14 | herewith. | ||||||
15 | The Division of Insurance of the Department of Financial | ||||||
16 | and Professional Regulation shall enforce the provisions of | ||||||
17 | this Section, including provisions relating to municipality | ||||||
18 | self-insured benefit plans.
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19 | (Source: P.A. 94-858, eff. 6-15-06.)".
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