Bill Text: IL SB2730 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Downstate Firefighter Article of the Illinois Pension Code. Makes a technical change in a Section concerning a disability pension.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-07 - Re-referred to Assignments [SB2730 Detail]

Download: Illinois-2015-SB2730-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2730 Introduced 2/16/2016, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED:
40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110
Amends the Downstate Firefighter Article of the Illinois Pension Code. Makes a technical change in a Section concerning a disability pension.
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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 4-110 as follows:
(40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
Sec. 4-110. Disability pension - Line of duty. If a
firefighter, as the the result of sickness, accident or injury
incurred in or resulting from the performance of an act of duty
or from the cumulative effects of acts of duty, is found,
pursuant to Section 4-112, to be physically or mentally
permanently disabled for service in the fire department, so as
to render necessary his or her being placed on disability
pension, the firefighter shall be entitled to a disability
pension equal to the greater of (1) 65% of the monthly salary
attached to the rank held by him or her in the fire department
at the date he or she is removed from the municipality's fire
department payroll or (2) the retirement pension that the
firefighter would be eligible to receive if he or she retired
(but not including any automatic annual increase in that
retirement pension). A firefighter shall be considered "on
duty" while on any assignment approved by the chief of the fire
department, even though away from the municipality he or she

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serves as a firefighter, if the assignment is related to the
fire protection service of the municipality.
Such firefighter shall also be entitled to a child's
disability benefit of $20 a month on account of each unmarried
child less than 18 years of age and dependent upon the
firefighter for support, either the issue of the firefighter or
legally adopted by him or her. The total amount of child's
disability benefit payable to the firefighter, when added to
his or her disability pension, shall not exceed 75% of the
amount of salary which the firefighter was receiving at the
date of retirement.
Benefits payable on account of a child under this Section
shall not be reduced or terminated by reason of the child's
attainment of age 18 if he or she is then dependent by reason
of a physical or mental disability but shall continue to be
paid as long as such dependency continues. Individuals over the
age of 18 and adjudged to be disabled persons pursuant to
Article XIa of the Probate Act of 1975, except for persons
receiving benefits under Article III of the Illinois Public Aid
Code, shall be eligible to receive benefits under this Act.
If a firefighter dies while still disabled and receiving a
disability pension under this Section, the disability pension
shall continue to be paid to the firefighter's survivors in the
sequence provided in Section 4-114. A pension previously
granted under Section 4-114 to a survivor of a firefighter who
died while receiving a disability pension under this Section

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shall be deemed to be a continuation of the pension provided
under this Section and shall be deemed to be in the nature of
worker's compensation payments. The changes to this Section
made by this amendatory Act of 1995 are intended to be
retroactive and are not limited to persons in service on or
after its effective date.
(Source: P.A. 93-1090, eff. 3-11-05.)