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| | HB4321 Engrossed | | LRB103 34092 JDS 63909 b |
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| 1 | | AN ACT concerning public employee benefits.
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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 |
| 5 | | changing Sections 3-114.1 and 4-110 as follows:
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| 6 | | (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
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| 7 | | Sec. 3-114.1. Disability pension; line pension - Line of |
| 8 | | duty.
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| 9 | | (a) If a police officer as the result of sickness, |
| 10 | | accident or injury
incurred in or resulting from the |
| 11 | | performance of an act of duty, is found to be
physically or |
| 12 | | mentally disabled for service in the police department, so as |
| 13 | | to
render necessary his or her suspension or retirement from |
| 14 | | the police service,
the police officer shall be entitled to a |
| 15 | | disability retirement pension equal
to the greatest of (1) 65% |
| 16 | | of the salary attached to the rank on the
police force held by |
| 17 | | the officer at the date of suspension of duty or
retirement, |
| 18 | | (2) the retirement pension that the police officer would be
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| 19 | | eligible to receive if he or she retired (but not including any |
| 20 | | automatic
annual increase in that retirement pension), or (3) |
| 21 | | the pension provided
under subsection (d), if applicable.
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| 22 | | A police officer shall be considered "on duty" while on |
| 23 | | any assignment
approved by the chief of the police department |
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| 1 | | of the municipality he or she
serves, whether the assignment |
| 2 | | is within or outside the municipality.
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| 3 | | (b) If a police officer on disability pension dies while |
| 4 | | still disabled,
the disability pension shall continue to be |
| 5 | | paid to his or her survivors in the
sequence provided in |
| 6 | | Section 3-112.
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| 7 | | (c) From and after July 1, 1987, any pension payable under |
| 8 | | this
Section shall be at least $400 per month, without regard |
| 9 | | to the fact that
the disability or death of the police officer |
| 10 | | occurred prior to that date.
If the minimum pension |
| 11 | | established in Section 3-113.1 is greater than the
minimum |
| 12 | | provided in this Section, the Section 3-113.1 minimum |
| 13 | | controls.
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| 14 | | (d) A disabled police officer who (1) is receiving a |
| 15 | | pension under this
Section
on the effective date of this |
| 16 | | amendatory Act of the 91st General Assembly, (2)
files with |
| 17 | | the Fund, within 30 days after that effective date and |
| 18 | | annually
thereafter while the pension remains payable, a |
| 19 | | written application for the
benefits of this subsection, |
| 20 | | including an affidavit stating that the applicant
has not |
| 21 | | earned any income from gainful employment during the most |
| 22 | | recently
concluded tax year and a copy of his or her most |
| 23 | | recent Illinois income tax
return, (3) has service credit in |
| 24 | | the Fund for at least 7 years of active duty,
and (4) has been |
| 25 | | receiving the pension under this Section for a period which,
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| 26 | | when added to the officer's total service credit in the Fund, |
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| 1 | | equals at least
20 years, shall be eligible to receive an |
| 2 | | annual noncompounded increase in his
or her pension under this |
| 3 | | Section, equal to 3% of the original pension.
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| 4 | | The Fund may take appropriate steps to verify the |
| 5 | | applicant's disability
and earnings status, and for this |
| 6 | | purpose may request from the Department of
Revenue a certified |
| 7 | | copy of the applicant's Illinois income tax return for any
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| 8 | | year for which a benefit under this Section is payable or has |
| 9 | | been paid.
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| 10 | | The annual increase shall accrue on each anniversary of |
| 11 | | the initial pension
payment date, for so long as the pension |
| 12 | | remains payable to the disabled police
officer and the |
| 13 | | required annual application is made, except that the annual
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| 14 | | increases under this subsection shall cease if the disabled |
| 15 | | police officer
earns income from gainful employment. Within 60 |
| 16 | | days after accepting an
initial application under this |
| 17 | | subsection, the Fund shall pay to the disabled
police officer, |
| 18 | | in a lump sum without interest, the amounts resulting from the
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| 19 | | annual increases that have accrued retroactively.
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| 20 | | This subsection is not limited to persons in active |
| 21 | | service on or after its
effective date, but it applies only to |
| 22 | | a pension that is payable under this
Section to a disabled |
| 23 | | police officer (rather than a survivor). Upon the death
of the |
| 24 | | disabled police officer, the annuity payable under this |
| 25 | | Section to his
or her survivors shall include any annual |
| 26 | | increases previously received, but no
additional increases |
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| 1 | | shall accrue under this subsection.
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| 2 | | (e) For the purposes of this Section only, any police |
| 3 | | officer who becomes disabled as a result of exposure to and |
| 4 | | contraction of COVID-19, as evidenced by either a confirmed |
| 5 | | positive laboratory test for COVID-19 or COVID-19 antibodies |
| 6 | | or a confirmed diagnosis of COVID-19 from a licensed medical |
| 7 | | professional, shall: |
| 8 | | (1) be rebuttably presumed to have contracted COVID-19 |
| 9 | | while in the performance of an act or acts of duty; |
| 10 | | (2) be rebuttably presumed to have been injured while |
| 11 | | in the performance of an act or acts of duty; and |
| 12 | | (3) be entitled to receive, at the time the disability |
| 13 | | is allowed in accordance with Section 3-115, a disability |
| 14 | | retirement pension under this Section during any period of |
| 15 | | such disability for which the police officer does not have |
| 16 | | a right to receive salary. |
| 17 | | The presumption shall apply to any police officer who was |
| 18 | | exposed to and contracted COVID-19 on or after March 9, 2020 |
| 19 | | and on or before June 30, 2021; except that the presumption |
| 20 | | shall not apply if the police officer was on a leave of absence |
| 21 | | from his or her employment or otherwise not required to report |
| 22 | | for duty for a period of 14 or more consecutive days |
| 23 | | immediately prior to the date of contraction of COVID-19. For |
| 24 | | the purposes of determining when a police officer contracted |
| 25 | | COVID-19 under this paragraph, the date of contraction is |
| 26 | | either the date that the police officer was diagnosed with |
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| 1 | | COVID-19 or was unable to work due to symptoms that were later |
| 2 | | diagnosed as COVID-19, whichever occurred first. |
| 3 | | It is the intent of the General Assembly that the change |
| 4 | | made in this subsection (e) by this amendatory Act of the 103rd |
| 5 | | General Assembly shall apply retroactively to March 9, 2020, |
| 6 | | and any police officer who has been previously denied a |
| 7 | | disability retirement pension under this Section who would |
| 8 | | otherwise be entitled to a disability retirement pension under |
| 9 | | this subsection (e) shall be entitled to retroactive benefits |
| 10 | | and a disability retirement pension under this Section. |
| 11 | | (Source: P.A. 91-939, eff. 2-1-01.)
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| 12 | | (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
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| 13 | | Sec. 4-110. Disability pension; line pension - Line of |
| 14 | | duty. If a firefighter, as the
result of sickness, accident or |
| 15 | | injury incurred in or resulting from the
performance of an act |
| 16 | | of duty or from the cumulative effects of acts of duty,
is |
| 17 | | found, pursuant to Section 4-112, to be physically or mentally |
| 18 | | permanently
disabled for service in the fire department, so as |
| 19 | | to render necessary his or
her being placed on disability |
| 20 | | pension, the firefighter shall be entitled to
a disability |
| 21 | | pension equal to the greater of (1) 65% of the monthly
salary |
| 22 | | attached to the rank held by him or her in the fire department |
| 23 | | at the
date he or she is removed from the municipality's fire |
| 24 | | department payroll or
(2) the retirement pension that the |
| 25 | | firefighter would be eligible to receive
if he or she retired |
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| 1 | | (but not including any automatic annual increase in that
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| 2 | | retirement pension). A firefighter shall be considered "on |
| 3 | | duty" while on
any assignment approved by the chief of the fire |
| 4 | | department, even though away
from the municipality he or she |
| 5 | | serves as a firefighter, if the assignment
is related to the |
| 6 | | fire protection service of the municipality.
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| 7 | | Such firefighter shall also be entitled to a child's |
| 8 | | disability benefit
of $20 a month on account of each unmarried |
| 9 | | child less than 18 years of age and
dependent upon the |
| 10 | | firefighter for support, either the issue of the firefighter
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| 11 | | or legally adopted by him or her. The total amount of child's |
| 12 | | disability
benefit payable to the firefighter, when added to |
| 13 | | his or her disability
pension, shall not exceed 75% of the |
| 14 | | amount of salary which the
firefighter was receiving at the |
| 15 | | date of retirement.
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| 16 | | Benefits payable on account of a child under this Section |
| 17 | | shall not
be reduced or terminated by reason of the child's |
| 18 | | attainment
of age 18 if he or she is then dependent by reason |
| 19 | | of a physical or mental
disability but shall continue to be |
| 20 | | paid as long as such dependency continues.
Individuals over |
| 21 | | the age of 18 and adjudged to be disabled persons pursuant to
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| 22 | | Article XIa of the Probate Act of 1975, except for persons |
| 23 | | receiving benefits
under Article III of the Illinois Public |
| 24 | | Aid Code, shall be eligible to receive
benefits under this |
| 25 | | Act.
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| 26 | | If a firefighter dies while still disabled and receiving a |
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| 1 | | disability pension
under this Section, the disability pension |
| 2 | | shall continue to be paid to the
firefighter's survivors in |
| 3 | | the sequence provided in Section 4-114. A pension previously |
| 4 | | granted
under Section 4-114 to a survivor of a firefighter who |
| 5 | | died while receiving a
disability pension under this Section |
| 6 | | shall be deemed to be a continuation
of the pension provided |
| 7 | | under this Section and shall be deemed to be
in the nature of |
| 8 | | worker's compensation payments. The changes to this Section
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| 9 | | made by this amendatory Act of 1995 are intended to be |
| 10 | | retroactive and are not
limited to persons in service on or |
| 11 | | after its effective date.
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| 12 | | For the purposes of this Section only, any firefighter who |
| 13 | | becomes disabled as a result of exposure to and contraction of |
| 14 | | COVID-19, as evidenced by either a confirmed positive |
| 15 | | laboratory test for COVID-19 or COVID-19 antibodies or a |
| 16 | | confirmed diagnosis of COVID-19 from a licensed medical |
| 17 | | professional, shall: |
| 18 | | (1) be rebuttably presumed to have contracted COVID-19 |
| 19 | | while in the performance of an act or acts of duty; |
| 20 | | (2) be rebuttably presumed to have been injured while |
| 21 | | in the performance of an act or acts of duty; and |
| 22 | | (3) be entitled to receive, at the time the disability |
| 23 | | is allowed in accordance with Section 4-112, a disability |
| 24 | | pension under this Section during any period of such |
| 25 | | disability for which the firefighter does not have a right |
| 26 | | to receive salary. |
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| 1 | | The presumption shall apply to any firefighter who was |
| 2 | | exposed to and contracted COVID-19 on or after March 9, 2020 |
| 3 | | and on or before June 30, 2021; except that the presumption |
| 4 | | shall not apply if the firefighter was on a leave of absence |
| 5 | | from his or her employment or otherwise not required to report |
| 6 | | for duty for a period of 14 or more consecutive days |
| 7 | | immediately prior to the date of contraction of COVID-19. For |
| 8 | | the purposes of determining when a firefighter contracted |
| 9 | | COVID-19 under this paragraph, the date of contraction is |
| 10 | | either the date that the firefighter was diagnosed with |
| 11 | | COVID-19 or was unable to work due to symptoms that were later |
| 12 | | diagnosed as COVID-19, whichever occurred first. |
| 13 | | It is the intent of the General Assembly that the change |
| 14 | | made by this amendatory Act of the 103rd General Assembly |
| 15 | | shall apply retroactively to March 9, 2020, and any |
| 16 | | firefighter who has been previously denied a disability |
| 17 | | pension under this Section who would otherwise be entitled to |
| 18 | | a disability pension under this Section shall be entitled to |
| 19 | | retroactive benefits and a disability pension under this |
| 20 | | Section. |
| 21 | | (Source: P.A. 93-1090, eff. 3-11-05.)
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| 22 | | Section 90. The State Mandates Act is amended by adding |
| 23 | | Section 8.47 as follows:
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| 24 | | (30 ILCS 805/8.47 new) |