Bill Text: IL HB4939 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that a firefighter receiving a disability pension for post-traumatic stress disorder (PTSD) shall not be required to undergo a medical examination to verify continuance of disability after attaining the age of 45 (rather than 50). Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4939 Detail]

Download: Illinois-2017-HB4939-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4939 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED:
40 ILCS 5/4-112 from Ch. 108 1/2, par. 4-112
Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that a firefighter receiving a disability pension for post-traumatic stress disorder (PTSD) shall not be required to undergo a medical examination to verify continuance of disability after attaining the age of 45 (rather than 50). Effective immediately.
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FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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
Section 4-112 as follows:
(40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
Sec. 4-112. Determination of disability; restoration to
active service; disability cannot constitute cause for
discharge. A disability pension shall not be paid until
disability has been established by the board by examinations of
the firefighter at pension fund expense by 3 physicians
selected by the board and such other evidence as the board
deems necessary. The 3 physicians selected by the board need
not agree as to the existence of any disability or the nature
and extent of a disability. Medical examination of a
firefighter receiving a disability pension shall be made at
least once each year prior to attainment of age 50 in order to
verify continuance of disability, except that a medical
examination of a firefighter receiving a disability pension for
post-traumatic stress disorder (PTSD) shall not be made after
attainment of age 45. No examination shall be required after
age 50, except that no examination shall be required after age
45 for a firefighter receiving a disability pension for

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post-traumatic stress disorder (PTSD). No physical or mental
disability that constitutes, in whole or in part, the basis of
an application for benefits under this Article may be used, in
whole or in part, by any municipality or fire protection
district employing firefighters, emergency medical
technicians, or paramedics as cause for discharge.
Upon satisfactory proof to the board that a firefighter on
the disability pension has recovered from disability, the board
shall terminate the disability pension. The firefighter shall
report to the marshal or chief of the fire department, who
shall thereupon order immediate reinstatement into active
service, and the municipality shall immediately return the
firefighter to its payroll, in the same rank or grade held at
the date he or she was placed on disability pension. If the
firefighter must file a civil action against the municipality
to enforce his or her mandated return to payroll under this
paragraph, then the firefighter is entitled to recovery of
reasonable court costs and attorney's fees.
The firefighter shall be entitled to 10 days notice before
any hearing or meeting of the board at which the question of
his or her disability is to be considered, and shall have the
right to be present at any such hearing or meeting, and to be
represented by counsel; however, the board shall not have any
obligation to provide such fireman with counsel.
(Source: P.A. 95-681, eff. 10-11-07.)
Section 99. Effective date. This Act takes effect upon

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becoming law.