Bill Text: IL HB0923 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that the term "act of duty" shall include any term or condition of employment assigned to any firefighter, emergency medical technician (EMT), or paramedic by his or her employing entity and is not limited in any fashion to a firefighting activity that involves a special risk of the occupation. Specifies that any activity performed by a firefighter, EMT, or paramedic assigned by a supervisor directly or indirectly constitutes an act of duty, including, but not limited to, routine maintenance, housekeeping chores, clerical tasks, and other assigned duties. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 14-5)
Status: (Engrossed - Dead) 2010-06-27 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0923 Detail]
Download: Illinois-2009-HB0923-Engrossed.html
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| 1 | AN ACT concerning public employee pensions.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
| 5 | Section 4-110 as follows:
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| 6 | (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
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| 7 | Sec. 4-110. Disability pension - Line of duty. | ||||||
| 8 | (a) If a firefighter, as the
result of sickness, accident | ||||||
| 9 | or injury incurred in or resulting from the
performance of an | ||||||
| 10 | act of duty or from the cumulative effects of acts of duty,
is | ||||||
| 11 | found, pursuant to Section 4-112, to be physically or mentally | ||||||
| 12 | permanently
disabled for service in the fire department, so as | ||||||
| 13 | to render necessary his or
her being placed on disability | ||||||
| 14 | pension, the firefighter shall be entitled to
a disability | ||||||
| 15 | pension equal to the greater of (1) 65% of the monthly
salary | ||||||
| 16 | attached to the rank held by him or her in the fire department | ||||||
| 17 | at the
date he or she is removed from the municipality's fire | ||||||
| 18 | department payroll or
(2) the retirement pension that the | ||||||
| 19 | firefighter would be eligible to receive
if he or she retired | ||||||
| 20 | (but not including any automatic annual increase in that
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| 21 | retirement pension). A firefighter shall be considered "on | ||||||
| 22 | duty" while on
any assignment approved by the chief of the fire | ||||||
| 23 | department, even though away
from the municipality he or she | ||||||
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| 1 | serves as a firefighter, if the assignment
is related to the | ||||||
| 2 | fire protection service of the municipality.
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| 3 | Such firefighter shall also be entitled to a child's | ||||||
| 4 | disability benefit
of $20 a month on account of each unmarried | ||||||
| 5 | child less than 18 years of age and
dependent upon the | ||||||
| 6 | firefighter for support, either the issue of the firefighter
or | ||||||
| 7 | legally adopted by him or her. The total amount of child's | ||||||
| 8 | disability
benefit payable to the firefighter, when added to | ||||||
| 9 | his or her disability
pension, shall not exceed 75% of the | ||||||
| 10 | amount of salary which the
firefighter was receiving at the | ||||||
| 11 | date of retirement.
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| 12 | (b) Benefits payable on account of a child under this | ||||||
| 13 | Section shall not
be reduced or terminated by reason of the | ||||||
| 14 | child's attainment
of age 18 if he or she is then dependent by | ||||||
| 15 | reason of a physical or mental
disability but shall continue to | ||||||
| 16 | be paid as long as such dependency continues.
Individuals over | ||||||
| 17 | the age of 18 and adjudged to be disabled persons pursuant to
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| 18 | Article XIa of the Probate Act of 1975, except for persons | ||||||
| 19 | receiving benefits
under Article III of the Illinois Public Aid | ||||||
| 20 | Code, shall be eligible to receive
benefits under this Act.
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| 21 | (c) If a firefighter dies while still disabled and | ||||||
| 22 | receiving a disability pension
under this Section, the | ||||||
| 23 | disability pension shall continue to be paid to the
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| 24 | firefighter's survivors in the sequence provided in Section | ||||||
| 25 | 4-114. A pension previously granted
under Section 4-114 to a | ||||||
| 26 | survivor of a firefighter who died while receiving a
disability | ||||||
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| 1 | pension under this Section shall be deemed to be a continuation
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| 2 | of the pension provided under this Section and shall be deemed | ||||||
| 3 | to be
in the nature of worker's compensation payments. The | ||||||
| 4 | changes to this Section
made by this amendatory Act of 1995 are | ||||||
| 5 | intended to be retroactive and are not
limited to persons in | ||||||
| 6 | service on or after its effective date.
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| 7 | (d) The term "act of duty" shall include any term or | ||||||
| 8 | condition of employment assigned to any firefighter, emergency | ||||||
| 9 | medical technician (EMT), or paramedic by his or her employing | ||||||
| 10 | entity and is not limited in any fashion to a firefighting | ||||||
| 11 | activity that involves a special risk of the occupation. Any | ||||||
| 12 | activity performed by a firefighter, EMT, or paramedic assigned | ||||||
| 13 | by a supervisor directly or indirectly constitutes an act of | ||||||
| 14 | duty, including, but not limited to, routine maintenance, | ||||||
| 15 | housekeeping chores, clerical tasks, and other assigned | ||||||
| 16 | duties. The term "act of duty" as used in other Articles of | ||||||
| 17 | this Code has no application to this Article whatsoever.
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| 18 | (Source: P.A. 93-1090, eff. 3-11-05.)
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| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.
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