Bill Text: IL HB5232 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that, if a fireman receiving an occupational disease disability benefit dies on or after the effective date of the amendatory Act, the fireman's surviving spouse may elect, in a manner prescribed by the Board of the Fund, to receive the deceased fireman's occupational disease disability benefit in lieu of the widow's annuity or Tier 2 surviving spouse annuity, whichever is applicable. Provides that the surviving spouse's eligibility for the deceased fireman's occupational disease disability benefit shall be the same as the eligibility for the widow's annuity or Tier 2 surviving spouse annuity, whichever is applicable. Provides that the changes apply without regard to whether the deceased fireman was in service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB5232 Detail]
Download: Illinois-2025-HB5232-Introduced.html
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| 1 | AN ACT concerning public employee benefits. | ||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
| 3 | represented in the General Assembly: | ||||||||||||||||||||||||||
| 4 | Section 5. The Illinois Pension Code is amended by | ||||||||||||||||||||||||||
| 5 | changing Section 6-151.1 as follows: | ||||||||||||||||||||||||||
| 6 | (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1) | ||||||||||||||||||||||||||
| 7 | Sec. 6-151.1. The General Assembly finds and declares that | ||||||||||||||||||||||||||
| 8 | service in the Fire Department requires that firemen, in times | ||||||||||||||||||||||||||
| 9 | of stress and danger, must perform unusual tasks; that by | ||||||||||||||||||||||||||
| 10 | reason of their occupation, firemen are subject to exposure to | ||||||||||||||||||||||||||
| 11 | great heat and to extreme cold in certain seasons while in | ||||||||||||||||||||||||||
| 12 | performance of their duties; that by reason of their | ||||||||||||||||||||||||||
| 13 | employment firemen are required to work in the midst of and are | ||||||||||||||||||||||||||
| 14 | subject to heavy smoke fumes and carcinogenic, poisonous, | ||||||||||||||||||||||||||
| 15 | toxic or chemical gases from fires; and that in the course of | ||||||||||||||||||||||||||
| 16 | their rescue and paramedic duties firemen are exposed to | ||||||||||||||||||||||||||
| 17 | disabling infectious diseases, including AIDS, hepatitis C, | ||||||||||||||||||||||||||
| 18 | and stroke. The General Assembly further finds and declares | ||||||||||||||||||||||||||
| 19 | that all the aforementioned conditions exist and arise out of | ||||||||||||||||||||||||||
| 20 | or in the course of such employment. | ||||||||||||||||||||||||||
| 21 | Any active fireman who has completed 7 or more years of | ||||||||||||||||||||||||||
| 22 | service and is unable to perform his duties in the Fire | ||||||||||||||||||||||||||
| 23 | Department by reason of heart disease, tuberculosis, breast | ||||||||||||||||||||||||||
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| 1 | cancer, any disease of the lungs or respiratory tract, AIDS, | ||||||
| 2 | hepatitis C, stroke, or a contagious staph infection, | ||||||
| 3 | including methicillin-resistant Staphylococcus aureus (MRSA), | ||||||
| 4 | resulting from his service as a fireman, shall be entitled to | ||||||
| 5 | receive an occupational disease disability benefit during any | ||||||
| 6 | period of such disability for which he does not have a right to | ||||||
| 7 | receive salary. | ||||||
| 8 | Any active fireman who has completed 7 or more years of | ||||||
| 9 | service and is unable to perform his duties in the fire | ||||||
| 10 | department by reason of a disabling cancer, which develops or | ||||||
| 11 | manifests itself during a period while the fireman is in the | ||||||
| 12 | service of the department, shall be entitled to receive an | ||||||
| 13 | occupational disease disability benefit during any period of | ||||||
| 14 | such disability for which he does not have a right to receive | ||||||
| 15 | salary. In order to receive this occupational disease | ||||||
| 16 | disability benefit, the type of cancer involved must be a type | ||||||
| 17 | which may be caused by exposure to heat, radiation or a known | ||||||
| 18 | carcinogen as defined by the International Agency for Research | ||||||
| 19 | on Cancer. | ||||||
| 20 | Any fireman receiving a retirement annuity shall be | ||||||
| 21 | entitled to an occupational disease disability benefit under | ||||||
| 22 | this Section if the fireman (1) has not reached the age of | ||||||
| 23 | compulsory retirement, (2) has not been receiving a retirement | ||||||
| 24 | annuity for more than 5 years, and (3) has a condition that | ||||||
| 25 | would have qualified the fireman for an occupational disease | ||||||
| 26 | disability benefit under this Section if he or she was an | ||||||
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| 1 | active fireman. A fireman who receives an occupational disease | ||||||
| 2 | disability benefit in accordance with this paragraph may not | ||||||
| 3 | receive a retirement annuity during the period in which he or | ||||||
| 4 | she receives an occupational disease disability benefit. The | ||||||
| 5 | occupational disease disability benefit shall terminate upon | ||||||
| 6 | the fireman reaching the age of compulsory retirement. | ||||||
| 7 | Any fireman who shall enter the service after the | ||||||
| 8 | effective date of this amendatory Act shall be examined by one | ||||||
| 9 | or more practicing physicians appointed by the Board, and if | ||||||
| 10 | that examination discloses impairment of the heart, lungs, or | ||||||
| 11 | respiratory tract, or the existence of AIDS, hepatitis C, | ||||||
| 12 | stroke, cancer, or a contagious staph infection, including | ||||||
| 13 | methicillin-resistant Staphylococcus aureus (MRSA), then the | ||||||
| 14 | fireman shall not be entitled to receive an occupational | ||||||
| 15 | disease disability benefit unless and until a subsequent | ||||||
| 16 | examination reveals no such impairment, AIDS, hepatitis C, | ||||||
| 17 | stroke, cancer, or contagious staph infection, including | ||||||
| 18 | methicillin-resistant Staphylococcus aureus (MRSA). | ||||||
| 19 | Notwithstanding any other provision of this Code to the | ||||||
| 20 | contrary, if a fireman receiving an occupational disease | ||||||
| 21 | disability benefit dies on or after the effective date of this | ||||||
| 22 | amendatory Act of the 104th General Assembly, the fireman's | ||||||
| 23 | surviving spouse may elect, in a manner prescribed by the | ||||||
| 24 | Board, to receive the deceased fireman's occupational disease | ||||||
| 25 | disability benefit in lieu of the widow's annuity or Tier 2 | ||||||
| 26 | surviving spouse annuity, whichever is applicable. The | ||||||
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| 1 | surviving spouse's eligibility for the deceased fireman's | ||||||
| 2 | occupational disease disability benefit shall be the same as | ||||||
| 3 | the eligibility for the widow's annuity or Tier 2 surviving | ||||||
| 4 | spouse annuity, whichever is applicable. Notwithstanding | ||||||
| 5 | Section 1-103.1, the changes made to this Section by this | ||||||
| 6 | amendatory Act of the 104th General Assembly apply without | ||||||
| 7 | regard to whether the deceased fireman was in service on or | ||||||
| 8 | after the effective date of this amendatory Act of the 104th | ||||||
| 9 | General Assembly. | ||||||
| 10 | The occupational disease disability benefit shall be 65% | ||||||
| 11 | of the fireman's salary at the time of his removal from the | ||||||
| 12 | Department payroll. However, beginning January 1, 1994, no | ||||||
| 13 | occupational disease disability benefit that has been payable | ||||||
| 14 | under this Section for at least 10 years shall be less than 50% | ||||||
| 15 | of the current salary attached from time to time to the rank | ||||||
| 16 | and grade held by the fireman at the time of his removal from | ||||||
| 17 | the Department payroll, regardless of whether that removal | ||||||
| 18 | occurred before the effective date of this amendatory Act of | ||||||
| 19 | 1993. | ||||||
| 20 | Such fireman also shall have a right to receive child's | ||||||
| 21 | disability benefit of $30 per month on account of each | ||||||
| 22 | unmarried child who is less than 18 years of age or | ||||||
| 23 | handicapped, dependent upon the fireman for support, and | ||||||
| 24 | either the issue of the fireman or legally adopted by him. The | ||||||
| 25 | total amount of child's disability benefit payable to the | ||||||
| 26 | fireman, when added to his occupational disease disability | ||||||
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| 1 | benefit, shall not exceed 75% of the amount of salary which he | ||||||
| 2 | was receiving at the time of the grant of occupational disease | ||||||
| 3 | disability benefit. | ||||||
| 4 | The first payment of occupational disease disability | ||||||
| 5 | benefit or child's disability benefit shall be made not later | ||||||
| 6 | than one month after the benefit is granted. Each subsequent | ||||||
| 7 | payment shall be made not later than one month after the date | ||||||
| 8 | of the latest payment. | ||||||
| 9 | Occupational disease disability benefit shall be payable | ||||||
| 10 | during the period of the disability until the fireman reaches | ||||||
| 11 | the age of compulsory retirement. Child's disability benefit | ||||||
| 12 | shall be paid to such a fireman during the period of disability | ||||||
| 13 | until such child or children attain age 18 or marry, whichever | ||||||
| 14 | event occurs first; except that attainment of age 18 by a child | ||||||
| 15 | who is so physically or mentally handicapped as to be | ||||||
| 16 | dependent upon the fireman for support, shall not render the | ||||||
| 17 | child ineligible for child's disability benefit. The fireman | ||||||
| 18 | thereafter shall receive such annuity or annuities as are | ||||||
| 19 | provided for him in accordance with other provisions of this | ||||||
| 20 | Article. | ||||||
| 21 | (Source: P.A. 104-284, eff. 8-15-25.) | ||||||
| 22 | Section 90. The State Mandates Act is amended by adding | ||||||
| 23 | Section 8.50 as follows: | ||||||
| 24 | (30 ILCS 805/8.50 new) | ||||||
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| 1 | Sec. 8.50. Exempt mandate. Notwithstanding Sections 6 and | ||||||
| 2 | 8 of this Act, no reimbursement by the State is required for | ||||||
| 3 | the implementation of any mandate created by this amendatory | ||||||
| 4 | Act of the 104th General Assembly. | ||||||
