Bill Text: IL HB5104 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Further amends the Illinois Pension Code. In provisions of the Chicago Firefighter Article concerning death benefits and disability benefits, provides that certain presumptions that apply to a fireman who becomes disabled or dies as a result of exposure to and contraction of COVID-19 apply to any fireman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022 (instead of on or before June 30, 2021). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0692 [HB5104 Detail]

Download: Illinois-2023-HB5104-Chaptered.html

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Public Act 103-0692
HB5104 Enrolled LRB103 38081 RPS 68213 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 5-144, 5-153, 5-154, 6-140, 6-150, and 6-151
as follows:
(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
Sec. 5-144. Death from injury in the performance of acts
of duty; compensation annuity and supplemental annuity.
(a) Beginning January 1, 1986, and without regard to
whether or not the annuity in question began before that date,
if the annuity for the widow of a policeman whose death, on or
after January 1, 1940, results from injury incurred in the
performance of an act or acts of duty, is not equal to the sum
hereinafter stated, "compensation annuity" equal to the
difference between the annuity and an amount equal to 75% of
the policeman's salary attached to the position he held by
certification and appointment as a result of competitive civil
service examination that would ordinarily have been paid to
him as though he were in active discharge of his duties shall
be payable to the widow until the policeman, had he lived,
would have attained age 63. The total amount of the widow's
annuity and children's awards payable to the family of such

policeman shall not exceed the amounts stated in Section
5-152.
For the purposes of this Section only, the death of any
policeman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the policeman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any policeman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before January 31,
2022 June 30, 2021 (including the period between December 31,
2020 and the effective date of this amendatory Act of the 101st
General Assembly); except that the presumption shall not apply
if the policeman was on a leave of absence from his or her
employment or otherwise not required to report for duty for a
period of 14 or more consecutive days immediately prior to the
date of contraction of COVID-19. For the purposes of
determining when a policeman contracted COVID-19 under this
paragraph, the date of contraction is either the date that the
policeman was diagnosed with COVID-19 or was unable to work
due to symptoms that were later diagnosed as COVID-19,
whichever occurred first.
The provisions of this Section, as amended by Public Act

84-1104, including the reference to the date upon which the
deceased policeman would have attained age 63, shall apply to
all widows of policemen whose death occurs on or after January
1, 1940 due to injury incurred in the performance of an act of
duty, regardless of whether such death occurred prior to
September 17, 1969. For those widows of policemen that died
prior to September 17, 1969, who became eligible for
compensation annuity by the action of Public Act 84-1104, such
compensation annuity shall begin and be calculated from
January 1, 1986. The provisions of this amendatory Act of 1987
are intended to restate and clarify the intent of Public Act
84-1104, and do not make any substantive change.
(b) Upon termination of the compensation annuity,
"supplemental annuity" shall become payable to the widow,
equal to the difference between the annuity for the widow and
an amount equal to 75% of the annual salary (including all
salary increases and longevity raises) that the policeman
would have been receiving when he attained age 63 if the
policeman had continued in service at the same rank (whether
career service or exempt) that he last held in the police
department. The increase in supplemental annuity resulting
from this amendatory Act of the 92nd General Assembly applies
without regard to whether the deceased policeman was in
service on or after the effective date of this amendatory Act
and is payable from July 1, 2002 or the date upon which the
supplemental annuity begins, whichever is later.

(c) Neither compensation nor supplemental annuity shall be
paid unless the death of the policeman was a direct result of
the injury, or the injury was of such character as to prevent
him from subsequently resuming service as a policeman; nor
shall compensation or supplemental annuity be paid unless the
widow was the wife of the policeman when the injury occurred.
(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
Sec. 5-153. Death benefit.
(a) Effective January 1, 1962, an ordinary death benefit
is payable on account of any policeman in service and in
receipt of salary on or after such date, which benefit is in
addition to all other annuities and benefits herein provided.
This benefit is payable upon death of a policeman:
(1) occurring in active service while in receipt of
salary;
(2) on an authorized and approved leave of absence,
without salary, beginning on or after January 1, 1962, if
the death occurs within 60 days from the date the employee
was in receipt of salary; or otherwise in the service and
not separated by resignation or discharge beginning
January 1, 1962 if death occurs before his resignation or
discharge from the service;
(3) receiving duty disability or ordinary disability
benefit;

(4) occurring within 60 days from the date of
termination of duty disability or ordinary disability
benefit payments if re-entry into service had not
occurred; or
(5) occurring on retirement and while in receipt of an
age and service annuity, Tier 2 monthly retirement
annuity, or prior service annuity; provided (a) retirement
on such annuity occurred on or after January 1, 1962, and
(b) such separation from service was effective on or after
the policeman's attainment of age 50, and (c) application
for such annuity was made within 60 days after separation
from service.
(b) The ordinary death benefit is payable to such
beneficiary or beneficiaries as the policeman has nominated by
written direction duly signed and acknowledged before an
officer authorized to take acknowledgments, and filed with the
board. If no such written direction has been filed or if the
designated beneficiaries do not survive the policeman, payment
of the benefit shall be made to his estate.
(c) Until December 31, 1977, if death occurs prior to
retirement on annuity and before the policeman's attainment of
age 50, the amount of the benefit payable is $6,000. If death
occurs prior to retirement, at age 50 or over, the benefit of
$6,000 shall be reduced $400 for each year (commencing on the
policeman's attainment of age 50, and thereafter on each
succeeding birthdate) that the policeman's age, at date of

death, is more than age 50, but in no event below the amount of
$2,000. However, if death results from injury incurred in the
performance of an act or acts of duty, prior to retirement on
annuity, the amount of the benefit payable is $6,000
notwithstanding the age attained.
Until December 31, 1977, if the policeman's death occurs
while he is in receipt of an annuity, the benefit is $2,000 if
retirement was effective upon attainment of age 55 or greater.
If the policeman retired at age 50 or over and before age 55,
the benefit of $2,000 shall be reduced $100 for each year or
fraction of a year that the policeman's age at retirement was
less than age 55 to a minimum payment of $1,500.
After December 31, 1977, and on or before January 1, 1986,
if death occurs prior to retirement on annuity and before the
policeman's attainment of age 50, the amount of the benefit
payable is $7,000. If death occurs prior to retirement, at age
50 or over, the benefit of $7,000 shall be reduced $400 for
each year (commencing on the policeman's attainment of age 50,
and thereafter on each succeeding birthdate) that the
policeman's age, at date of death, is more than age 50, but in
no event below the amount of $3,000. However, if death results
from injury incurred in the performance of an act or acts of
duty, prior to retirement on annuity, the amount of the
benefit payable is $7,000 notwithstanding the age attained.
After December 31, 1977, and on or before January 1, 1986,
if the policeman's death occurs while he is in receipt of an

annuity, the benefit is $2,250 if retirement was effective
upon attainment of age 55 or greater. If the policeman retired
at age 50 or over and before age 55, the benefit of $2,250
shall be reduced $100 for each year or fraction of a year that
the policeman's age at retirement was less than age 55 to a
minimum payment of $1,750.
After January 1, 1986, if death occurs prior to retirement
on annuity and before the policeman's attainment of age 50,
the amount of benefit payable is $12,000. If death occurs
prior to retirement, at age 50 or over, the benefit of $12,000
shall be reduced $400 for each year (commencing on the
policeman's attainment of age 50, and thereafter on each
succeeding birthdate) that the policeman's age, at date of
death, is more than age 50, but in no event below the amount of
$6,000. However, if death results from injury in the
performance of an act or acts of duty, prior to retirement on
annuity, the amount of benefit payable is $12,000
notwithstanding the age attained.
After January 1, 1986, if the policeman's death occurs
while he is in receipt of an annuity, the benefit is $6,000.
(d) For the purposes of this Section only, the death of any
policeman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been

contracted while in the performance of an act or acts of duty
and the policeman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any policeman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before January 31,
2022 June 30, 2021 (including the period between December 31,
2020 and the effective date of this amendatory Act of the 101st
General Assembly); except that the presumption shall not apply
if the policeman was on a leave of absence from his or her
employment or otherwise not required to report for duty for a
period of 14 or more consecutive days immediately prior to the
date of contraction of COVID-19. For the purposes of
determining when a policeman contracted COVID-19 under this
subsection, the date of contraction is either the date that
the policeman was diagnosed with COVID-19 or was unable to
work due to symptoms that were later diagnosed as COVID-19,
whichever occurred first.
(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
(40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
Sec. 5-154. Duty disability benefit; child's disability
benefit.
(a) An active policeman who becomes disabled on or after
the effective date as the result of injury incurred on or after
such date in the performance of an act of duty, has a right to
receive duty disability benefit during any period of such

disability for which he does not have a right to receive
salary, equal to 75% of his salary, as salary is defined in
this Article, at the time the disability is allowed; or in the
case of a policeman on duty disability who returns to active
employment at any time for a period of at least 2 years and is
again disabled from the same cause or causes, 75% of his
salary, as salary is defined in this Article, at the time
disability is allowed; provided, however, that:
(i) If the disability resulted from any physical
defect or mental disorder or any disease which existed at
the time the injury was sustained, or if the disability is
less than 50% of total disability for any service of a
remunerative character, the duty disability benefit shall
be 50% of salary as defined in this Article.
(ii) Beginning January 1, 1996, no duty disability
benefit that has been payable under this Section for at
least 10 years shall be less than 50% of the current salary
attached from time to time to the rank held by the
policeman at the time of removal from the police
department payroll, regardless of whether that removal
occurred before the effective date of this amendatory Act
of 1995. Beginning on January 1, 2000, no duty disability
benefit that has been payable under this Section for at
least 7 years shall be less than 60% of the current salary
attached from time to time to the rank held by the
policeman at the time of removal from the police

department payroll, regardless of whether that removal
occurred before the effective date of this amendatory Act
of the 92nd General Assembly.
(iii) If the Board finds that the disability of the
policeman is of such a nature as to permanently render him
totally disabled for any service of a remunerative
character, the duty disability benefit shall be 75% of the
current salary attached from time to time to the rank held
by the policeman at the time of removal from the police
department payroll. In the case of a policeman receiving a
duty disability benefit under this Section on the
effective date of this amendatory Act of the 92nd General
Assembly, the increase in benefit provided by this
amendatory Act, if any, shall begin to accrue as of the
date that the Board makes the required finding of
permanent total disability, regardless of whether removal
from the payroll occurred before the effective date of
this amendatory Act.
(b) The policeman shall also have a right to child's
disability benefit of $100 per month for each unmarried child,
the issue of the policeman, less than age 18, but the total
amount of child's disability benefit shall not exceed 25% of
his salary as defined in this Article. The increase in child's
disability benefit provided by this amendatory Act of the 92nd
General Assembly applies beginning January 1, 2000 to all such
benefits payable on or after that date, regardless of whether

the disabled policeman is in active service on or after the
effective date of this amendatory Act.
(c) Duty disability benefit shall be payable until the
policeman becomes age 63 or would have been retired by
operation of law, whichever is later, and child's disability
benefit shall be paid during any such period of disability
until the child attains age 18. Thereafter the policeman shall
receive the annuity provided in accordance with the other
provisions of this Article.
(d) A policeman who suffers a heart attack during the
performance and discharge of his or her duties as a policeman
shall be considered injured in the performance of an act of
duty and shall be eligible for all benefits that the City
provides for police officers injured in the performance of an
act of duty. This subsection (d) is a restatement of existing
law and applies without regard to whether the policeman is in
service on or after the effective date of Public Act 89-12 or
this amendatory Act of 1996.
(e) For the purposes of this Section only, any policeman
who becomes disabled as a result of exposure to and
contraction of COVID-19, as evidenced by either a confirmed
positive laboratory test for COVID-19 or COVID-19 antibodies
or a confirmed diagnosis of COVID-19 from a licensed medical
professional, shall:
(1) be rebuttably presumed to have contracted COVID-19
while in the performance of an act or acts of duty;

(2) be rebuttably presumed to have been injured while
in the performance of an act or acts of duty; and
(3) be entitled to receive a duty disability benefit
during any period of such disability for which the
policeman does not have a right to receive salary, in an
amount equal to 75% of the policeman's salary, as salary
is defined in this Article, at the time the disability is
allowed, in accordance with subsection (a).
The presumption shall apply to any policeman who was
exposed to and contracted COVID-19 on or after March 9, 2020
and on or before January 31, 2022 June 30, 2021; except that
the presumption shall not apply if the policeman was on a leave
of absence from his or her employment or otherwise not
required to report for duty for a period of 14 or more
consecutive days immediately prior to the date of contraction
of COVID-19. For the purposes of determining when a policeman
contracted COVID-19 under this paragraph, the date of
contraction is either the date that the policeman was
diagnosed with COVID-19 or was unable to work due to symptoms
that were later diagnosed as COVID-19, whichever occurred
first.
It is the intent of the General Assembly that the change
made in this subsection (e) by this amendatory Act shall apply
retroactively to March 9, 2020, and any policeman who has been
previously denied a duty disability benefit that would
otherwise be entitled to duty disability benefit under this

subsection (e) shall be entitled to retroactive benefits and
duty disability benefit.
(Source: P.A. 103-2, eff. 5-10-23.)
(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
Sec. 6-140. Death in the line of duty.
(a) The annuity for the widow of a fireman whose death
results from the performance of an act or acts of duty shall be
an amount equal to 50% of the current annual salary attached to
the classified position to which the fireman was certified at
the time of his death and 75% thereof after December 31, 1972.
Unless the performance of an act or acts of duty results
directly in the death of the fireman, or prevents him from
subsequently resuming active service in the fire department,
the annuity herein provided shall not be paid; nor shall such
annuities be paid unless the widow was the wife of the fireman
at the time of the act or acts of duty which resulted in his
death.
For the purposes of this Section only, the death of any
fireman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the fireman shall be rebuttably presumed to have been

fatally injured while in active service. The presumption shall
apply to any fireman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before January 31,
2022 June 30, 2021 (including the period between December 31,
2020 and the effective date of this amendatory Act of the 101st
General Assembly); except that the presumption shall not apply
if the fireman was on a leave of absence from his or her
employment or otherwise not required to report for duty for a
period of 14 or more consecutive days immediately prior to the
date of contraction of COVID-19. For the purposes of
determining when a fireman contracted COVID-19 under this
paragraph, the date of contraction is either the date that the
fireman was diagnosed with COVID-19 or was unable to work due
to symptoms that were later diagnosed as COVID-19, whichever
occurred first.
(b) The changes made to this Section by this amendatory
Act of the 92nd General Assembly apply without regard to
whether the deceased fireman was in service on or after the
effective date of this amendatory Act. In the case of a widow
receiving an annuity under this Section that has been reduced
to 40% of current salary because the fireman, had he lived,
would have attained the age prescribed for compulsory
retirement, the annuity shall be restored to the amount
provided in subsection (a), with the increase beginning to
accrue on the later of January 1, 2001 or the day the annuity
first became payable.

(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
(40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
Sec. 6-150. Death benefit.
(a) Effective January 1, 1962, an ordinary death benefit
shall be payable on account of any fireman in service and in
receipt of salary on or after such date, which benefit shall be
in addition to all other annuities and benefits herein
provided. This benefit shall be payable upon death of a
fireman:
(1) occurring in active service while in receipt of
salary;
(2) on an authorized and approved leave of absence,
without salary, beginning on or after January 1, 1962, if
the death occurs within 60 days from the date the fireman
was in receipt of salary;
(3) receiving duty, occupational disease, or ordinary
disability benefit;
(4) occurring within 60 days from the date of
termination of duty disability, occupational disease
disability or ordinary disability benefit payments if
re-entry into service had not occurred; or
(5) occurring on retirement and while in receipt of an
age and service annuity, prior service annuity, Tier 2
monthly retirement annuity, or minimum annuity; provided
(a) retirement on such annuity occurred on or after

January 1, 1962, and (b) such separation from service was
effective on or after the fireman's attainment of age 50,
and (c) application for such annuity was made within 60
days after separation from service.
(b) The ordinary death benefit shall be payable to such
beneficiary or beneficiaries as the fireman has nominated by
written direction duly signed and acknowledged before an
officer authorized to take acknowledgments, and filed with the
board. If no such written direction has been filed or if the
designated beneficiaries do not survive the fireman, payment
of the benefit shall be made to his estate.
(c) Beginning July 1, 1983, if death occurs prior to
retirement on annuity and before the fireman's attainment of
age 50, the amount of the benefit payable shall be $12,000.
Beginning July 1, 1983, if death occurs prior to retirement,
at age 50 or over, the benefit of $12,000 shall be reduced $400
for each year (commencing on the fireman's attainment of age
50 and thereafter on each succeeding birth date) that the
fireman's age, at date of death, is more than age 49, but in no
event below the amount of $6,000.
Beginning July 1, 1983, if the fireman's death occurs
while he is in receipt of an annuity, the benefit shall be
$6,000.
(d) For the purposes of this Section only, the death of any
fireman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive

laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the fireman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any fireman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before January 31,
2022 June 30, 2021 (including the period between December 31,
2020 and the effective date of this amendatory Act of the 101st
General Assembly); except that the presumption shall not apply
if the fireman was on a leave of absence from his or her
employment or otherwise not required to report for duty for a
period of 14 or more consecutive days immediately prior to the
date of contraction of COVID-19. For the purposes of
determining when a fireman contracted COVID-19 under this
subsection, the date of contraction is either the date that
the fireman was diagnosed with COVID-19 or was unable to work
due to symptoms that were later diagnosed as COVID-19,
whichever occurred first.
(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
(40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
Sec. 6-151. An active fireman who is or becomes disabled
on or after the effective date as the result of a specific
injury, or of cumulative injuries, or of specific sickness

incurred in or resulting from an act or acts of duty, shall
have the right to receive duty disability benefit during any
period of such disability for which he does not receive or have
a right to receive salary, equal to 75% of his salary at the
time the disability is allowed. However, beginning January 1,
1994, no duty disability benefit that has been payable under
this Section for at least 10 years shall be less than 50% of
the current salary attached from time to time to the rank and
grade held by the fireman at the time of his removal from the
Department payroll, regardless of whether that removal
occurred before the effective date of this amendatory Act of
1993.
Whenever an active fireman is or becomes so injured or
sick, as to require medical or hospital attention, the chief
officer of the fire department of the city shall file, or cause
to be filed, with the board a report of the nature and cause of
his disability, together with the certificate or report of the
physician attending or treating, or who attended or treated
the fireman, and a copy of any hospital record concerning the
disability. Any injury or sickness not reported to the board
in time to permit the board's physician to examine the fireman
before his recovery, and any injury or sickness for which a
physician's report or copy of the hospital record is not on
file with the board shall not be considered for the payment of
duty disability benefit.
Such fireman shall also receive a child's disability

benefit of $30 per month on account of each unmarried child,
the issue of the fireman or legally adopted by him, who is less
than 18 years of age or handicapped and dependent upon the
fireman for support. The total amount of child's disability
benefit shall not exceed 25% of his salary at the time the
disability is allowed.
The first payment of duty disability or child's disability
benefit shall be made not later than one month after the
benefit is granted. Each subsequent payment shall be made not
later than one month after the date of the latest payment.
Duty disability benefit shall be payable during the period
of the disability until the fireman reaches the age of
compulsory retirement. Child's disability benefit shall be
paid to such a fireman during the period of disability until
such child or children attain age 18 or marries, whichever
event occurs first; except that attainment of age 18 by a child
who is so physically or mentally handicapped as to be
dependent upon the fireman for support, shall not render the
child ineligible for child's disability benefit. The fireman
shall thereafter receive such annuity or annuities as are
provided for him in accordance with other provisions of this
Article.
For the purposes of this Section only, any fireman who
becomes disabled as a result of exposure to and contraction of
COVID-19, as evidenced by either a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or a

confirmed diagnosis of COVID-19 from a licensed medical
professional shall:
(1) be rebuttably presumed to have contracted COVID-19
while in the performance of an act or acts of duty;
(2) be rebuttably presumed to have been injured while
in the performance of an act or acts of duty; and
(3) be entitled to receive a duty disability benefit
during any period of such disability for which the fireman
does not have a right to receive salary, in an amount equal
to 75% of the fireman's salary, as salary is defined in
this Article, at the time the disability is allowed, in
accordance with this Section.
The presumption shall apply to any fireman who was exposed
to and contracted COVID-19 on or after March 9, 2020 and on or
before January 31, 2022 June 30, 2021; except that the
presumption shall not apply if the fireman was on a leave of
absence from his or her employment or otherwise not required
to report for duty for a period of 14 or more consecutive days
immediately prior to the date of contraction of COVID-19. For
the purposes of determining when a fireman contracted COVID-19
under this paragraph, the date of contraction is either the
date that the fireman was diagnosed with COVID-19 or was
unable to work due to symptoms that were later diagnosed as
COVID-19, whichever occurred first.
It is the intent of the General Assembly that the change
made by this amendatory Act shall apply retroactively to March

9, 2020, and any fireman who has been previously denied a duty
disability benefit that would otherwise be entitled to duty
disability benefit under this Section shall be entitled to
retroactive benefits and duty disability benefit.
(Source: P.A. 103-2, eff. 5-10-23.)
Section 90. The State Mandates Act is amended by adding
Section 8.48 as follows:
(30 ILCS 805/8.48 new)
Sec. 8.48. 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 103rd General Assembly.