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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5104 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
40 ILCS 5/5-144 from Ch. 108 1/2, par. 5-144
40 ILCS 5/5-153 from Ch. 108 1/2, par. 5-153
40 ILCS 5/5-154 from Ch. 108 1/2, par. 5-154
30 ILCS 805/8.48 new
Amends the Chicago Police Article of the Illinois Pension Code. In provisions concerning death benefits and disability benefits, provides that certain presumptions that apply to a policeman who becomes disabled or dies as a result of exposure to and contraction of COVID-19 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 (instead of on or before June 30, 2021). Amends the State Mandates Act require implementation without reimbursement. Effective immediately.
LRB103 38081 RPS 68213 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB5104 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, and 5-154 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

HB5104 - 2 - LRB103 38081 RPS 68213 b
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

HB5104 - 3 - LRB103 38081 RPS 68213 b
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

HB5104 - 4 - LRB103 38081 RPS 68213 b
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

HB5104 - 5 - LRB103 38081 RPS 68213 b
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

HB5104 - 6 - LRB103 38081 RPS 68213 b
$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

HB5104 - 7 - LRB103 38081 RPS 68213 b
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

HB5104 - 8 - LRB103 38081 RPS 68213 b
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

HB5104 - 9 - LRB103 38081 RPS 68213 b
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

HB5104 - 10 - LRB103 38081 RPS 68213 b
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

HB5104 - 11 - LRB103 38081 RPS 68213 b
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

HB5104 - 12 - LRB103 38081 RPS 68213 b
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

HB5104 - 13 - LRB103 38081 RPS 68213 b
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.