Bill Text: IL HB2602 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Chicago Firefighters Article of the Illinois Pension Code. Requires that a disabled fireman who is receiving a duty, occupational disease, or ordinary disability benefit be examined on a periodic basis as determined by the Board, but at least once a year (was, at least once a year). Provides that if a fireman refuses to submit to such medical, surgical, or hospital treatment as is reasonably essential to promote his recovery from disability, he shall have no further right to receive the benefit. Provides a window during which a fireman who re-entered service and failed to repay his refund within the required 2-year period may repay the refund. Provides that a fireman who has failed to repay any refund due to the Fund after re-entering service shall be treated as a new employee and shall only receive service credit from the date that he has re-entered service as a new employee. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the fireman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may join in any action brought by the disabled fireman or his personal representative. Amends the State Mandates Act to require implementation without reimbursement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB2602 Detail]

Download: Illinois-2009-HB2602-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2602 Introduced 2/20/2009, by Rep. Kevin A. McCarthy SYNOPSIS AS INTRODUCED:
40 ILCS 5/6-153 from Ch. 108 1/2, par. 6-153
40 ILCS 5/6-154 from Ch. 108 1/2, par. 6-154
40 ILCS 5/6-159 from Ch. 108 1/2, par. 6-159
40 ILCS 5/6-227 new
30 ILCS 805/8.33 new
Amends the Chicago Firefighters Article of the Illinois Pension Code. Requires that a disabled fireman who is receiving a duty, occupational disease, or ordinary disability benefit be examined on a periodic basis as determined by the Board, but at least once a year (was, at least once a year). Provides that if a fireman refuses to submit to such medical, surgical, or hospital treatment as is reasonably essential to promote his recovery from disability, he shall have no further right to receive the benefit. Provides a window during which a fireman who re-entered service and failed to repay his refund within the required 2-year period may repay the refund. Provides that a fireman who has failed to repay any refund due to the Fund after re-entering service shall be treated as a new employee and shall only receive service credit from the date that he has re-entered service as a new employee. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the fireman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may join in any action brought by the disabled fireman or his personal representative. Amends the State Mandates Act to require implementation without reimbursement.
LRB096 09050 AMC 19190 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB2602 LRB096 09050 AMC 19190 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Sections 6-153, 6-154, and 6-159 and by adding Section 6-227 as
follows:
(40 ILCS 5/6-153) (from Ch. 108 1/2, par. 6-153)
Sec. 6-153. Proof of duty, occupational disease, or
ordinary disability shall be furnished to the Board by at least
one licensed and practicing physician appointed by the Board.
In cases where the Board requires the applicant to obtain a
second opinion, the applicant may select a physician from a
list of qualified licensed and practicing physicians which
shall be established and maintained by the board. The Board may
require other evidence of disability. A disabled fireman who is
receiving a duty, occupational disease, or ordinary disability
benefit shall be examined on a periodic basis as determined by
the Board, but at least once a year, by one or more licensed
and practicing physicians appointed by the board; however such
annual examination may be waived by the Board if the appointed
physician certifies in writing to the Board that the disability
of the fireman is of such a nature as to render him permanently
disabled and unable ever to return to service.

HB2602 - 2 - LRB096 09050 AMC 19190 b
When the disability ceases, the Board shall discontinue
payment of the benefit and the fireman shall be returned to
service in his proper rank or grade.
(Source: P.A. 86-273.)
(40 ILCS 5/6-154) (from Ch. 108 1/2, par. 6-154)
Sec. 6-154. Administration of disability benefits. If a
fireman who is granted any type of disability benefit under
this Article refuses to submit to examination by any physician
appointed by the board or refuses to submit to such medical,
surgical, or hospital treatment as is reasonably essential to
promote his recovery from disability, he shall have no further
right to receive the benefit.
A fireman who has withdrawn while disabled and entered upon
annuity, and who re-enters the service on or after the date of
withdrawal, and who has not served at least one year subsequent
to the date of such re-entry, shall not receive ordinary
disability benefit in excess of the amount he has previously
received as pension on account of disability, or as annuity,
for an equal period of disability. This provision shall apply
throughout the duration of any disability incurred by the
fireman within one year after his reinstatement resulting from
any cause other than the performance of an act or acts of duty.
No disability benefit shall be paid on account of any form
of disability for any period of time for which a disabled
fireman has a right to receive any part of his salary, under

HB2602 - 3 - LRB096 09050 AMC 19190 b
any law or ordinance in effect in the city.
If a disabled fireman receives compensation from the city
for such disability under the Workers' Compensation Act or
Occupational Diseases Act, the disability benefit provided
herein shall be reduced by any amount so received, if such
amount is less than the amount of the benefit; and if the
amount received as compensation exceeds the amount of the
disability benefit, the fireman shall not receive such
disability benefit until the benefit payable, accumulated at
the rate herein stated, equals the amount of such compensation
without consideration of interest.
If the widow, child or children, or parent or parents (or
any of these persons) of any fireman whose death results from
an act or acts of duty receives any compensation from the city
under the Workers' Compensation Act or Occupational Diseases
Act, the annuities herein provided for such beneficiaries shall
be reduced by any amounts so received, if such amounts are less
than the amount of the annuity or annuities. If the amount or
amounts received as compensation exceed the amount or amounts
of the annuity or annuities for the widow, child or children,
or parent or parents, the annuities shall not be payable until
the accumulated value of the annuity or annuities at the rate
herein stated equals the amount of such compensation without
consideration of interest. In making such adjustment, the
annuity to the widow shall first be reduced.
Disability pension or disability benefit shall not be paid

HB2602 - 4 - LRB096 09050 AMC 19190 b
to any fireman while he resides outside the State of Illinois,
unless such residence is by permission of the board.
(Source: P.A. 81-992.)
(40 ILCS 5/6-159) (from Ch. 108 1/2, par. 6-159)
Sec. 6-159. Refund - Re-entry into service - Repayment of
refund. A fireman who receives a refund, and who subsequently
re-enters the service, shall not thereafter receive, nor shall
his widow or parent or parents receive, any annuity, benefit or
pension under this Article unless he or his widow, or parent or
parents, repays the refund within 2 years after the date of
re-entry into service or by January 1, 2011 2000, whichever is
later, with interest at the rate of 4% per annum, compounded
annually, from the date the refund was received to the date
such amount is repaid. The change made in this Section by this
amendatory Act of 1995 applies without regard to whether the
fireman was in service on or after the effective date of this
amendatory Act of 1995.
A fireman who has failed to repay any refund due to the
Fund under this Article after re-entering service shall be
treated as a new employee and shall only receive service credit
from the date that he has re-entered service as a new employee.
(Source: P.A. 89-136, eff. 7-14-95.)
(40 ILCS 5/6-227 new)
Sec. 6-227. Action by Fund against third party;

HB2602 - 5 - LRB096 09050 AMC 19190 b
subrogation. In those cases where the injury or death for which
a disability or death benefit is payable under this Article was
caused under circumstances creating a legal liability on the
part of some person or entity to pay damages to the fireman,
then legal proceedings may be taken against such other person
or entity to recover damages notwithstanding the Fund's payment
of or liability to pay disability or death benefits under this
Code. In such case, however, if the action against such other
person or entity is brought by the injured fireman or his
personal representative and judgment is obtained and paid, or
settlement is made with such other person or entity, either
with or without suit, from the amount received by such fireman
or personal representative there shall be paid to the Fund the
amount of money representing the death or disability benefits
paid or to be paid to the disabled fireman pursuant to the
provisions of this Code. In all circumstances where the action
against a person or entity is brought by the disabled fireman
or his personal representative the Fund shall have a claim or
lien upon any judgment or award out of which the disabled
fireman or his personal representative might be compensated
from such person or entity.
Where action is brought by the disabled fireman or his
personal representative they shall forthwith notify the Fund by
personal service or registered mail, of such fact and of the
name of the courting which such suit is brought, filing proof
of such notice in such action. The Fund may, at any time

HB2602 - 6 - LRB096 09050 AMC 19190 b
thereafter, join in said action upon its own motion, and proper
orders of court after hearing and judgment shall be made for
the protection of the Fund. No release or settlement of claim
for damages by reason of injury to the disabled fireman, and no
satisfaction of judgment in such proceedings, shall be valid
without the written consent of the Board of Trustees authorized
by this Code to administer the Fund created under this Article,
except that such consent shall not be required where the Fund
has been fully indemnified or protected by Court order.
Where the disabled fireman or his personal representative
fail to institute a proceeding against such person or entity at
any time prior to 3 months before said action would be barred
at law, the Fund may, in its own name or in the name of the
personal representative, commence a proceeding against such
other person or entity for the recovery of damages on account
of injuries caused to the fireman. From any amount so
recovered, the Fund shall pay to the personal representative of
such disabled fireman all sums collected from such other person
or entity by judgment or otherwise in excess of the amount of
disability or death benefits paid or to be paid under this Code
to the disabled fireman or his personal representative, and
such costs, attorney's fees, and reasonable expenses as may be
incurred by the Fund in making the collection or in enforcing
such liability.
When the amount recovered by the injured fireman, his
personal representative, or the Fund in any action brought

HB2602 - 7 - LRB096 09050 AMC 19190 b
under this Section is less than the amount of disability or
death benefits paid or to be paid to the disabled fireman or
his personal representative, the Board of Trustees of the Fund
may exercise its discretion and determine an appropriate amount
under the circumstances to recoup from any award recovered by
judgment or otherwise from a third party.
Section 90. The State Mandates Act is amended by adding
Section 8.33 as follows:
(30 ILCS 805/8.33 new)
Sec. 8.33. 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 96th General Assembly.