Illinois 2023-2024 Regular Session

Illinois House Bill HB3162 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0002
2	1		HB3162 EnrolledLRB103 30861 JDS 57372 b HB3162 Enrolled LRB103 30861 JDS 57372 b
3	2		HB3162 Enrolled LRB103 30861 JDS 57372 b
4		-	AN ACT concerning public employee benefits.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Pension Code is amended by
8		-	changing Sections 5-154 and 6-151 as follows:
9		-	(40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
10		-	Sec. 5-154. Duty disability benefit; child's disability
11		-	benefit.
12		-	(a) An active policeman who becomes disabled on or after
13		-	the effective date as the result of injury incurred on or after
14		-	such date in the performance of an act of duty, has a right to
15		-	receive duty disability benefit during any period of such
16		-	disability for which he does not have a right to receive
17		-	salary, equal to 75% of his salary, as salary is defined in
18		-	this Article, at the time the disability is allowed; or in the
19		-	case of a policeman on duty disability who returns to active
20		-	employment at any time for a period of at least 2 years and is
21		-	again disabled from the same cause or causes, 75% of his
22		-	salary, as salary is defined in this Article, at the time
23		-	disability is allowed; provided, however, that:
24		-	(i) If the disability resulted from any physical
25		-	defect or mental disorder or any disease which existed at
26		-	the time the injury was sustained, or if the disability is
	3	+	1 AN ACT concerning public employee benefits.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Pension Code is amended by
	7	+	5 changing Sections 5-154 and 6-151 as follows:
	8	+	6 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
	9	+	7 Sec. 5-154. Duty disability benefit; child's disability
	10	+	8 benefit.
	11	+	9 (a) An active policeman who becomes disabled on or after
	12	+	10 the effective date as the result of injury incurred on or after
	13	+	11 such date in the performance of an act of duty, has a right to
	14	+	12 receive duty disability benefit during any period of such
	15	+	13 disability for which he does not have a right to receive
	16	+	14 salary, equal to 75% of his salary, as salary is defined in
	17	+	15 this Article, at the time the disability is allowed; or in the
	18	+	16 case of a policeman on duty disability who returns to active
	19	+	17 employment at any time for a period of at least 2 years and is
	20	+	18 again disabled from the same cause or causes, 75% of his
	21	+	19 salary, as salary is defined in this Article, at the time
	22	+	20 disability is allowed; provided, however, that:
	23	+	21 (i) If the disability resulted from any physical
	24	+	22 defect or mental disorder or any disease which existed at
	25	+	23 the time the injury was sustained, or if the disability is
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33		-	less than 50% of total disability for any service of a
34		-	remunerative character, the duty disability benefit shall
35		-	be 50% of salary as defined in this Article.
36		-	(ii) Beginning January 1, 1996, no duty disability
37		-	benefit that has been payable under this Section for at
38		-	least 10 years shall be less than 50% of the current salary
39		-	attached from time to time to the rank held by the
40		-	policeman at the time of removal from the police
41		-	department payroll, regardless of whether that removal
42		-	occurred before the effective date of this amendatory Act
43		-	of 1995. Beginning on January 1, 2000, no duty disability
44		-	benefit that has been payable under this Section for at
45		-	least 7 years shall be less than 60% of the current salary
46		-	attached from time to time to the rank held by the
47		-	policeman at the time of removal from the police
48		-	department payroll, regardless of whether that removal
49		-	occurred before the effective date of this amendatory Act
50		-	of the 92nd General Assembly.
51		-	(iii) If the Board finds that the disability of the
52		-	policeman is of such a nature as to permanently render him
53		-	totally disabled for any service of a remunerative
54		-	character, the duty disability benefit shall be 75% of the
55		-	current salary attached from time to time to the rank held
56		-	by the policeman at the time of removal from the police
57		-	department payroll. In the case of a policeman receiving a
58		-	duty disability benefit under this Section on the
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	34	+	1 less than 50% of total disability for any service of a
	35	+	2 remunerative character, the duty disability benefit shall
	36	+	3 be 50% of salary as defined in this Article.
	37	+	4 (ii) Beginning January 1, 1996, no duty disability
	38	+	5 benefit that has been payable under this Section for at
	39	+	6 least 10 years shall be less than 50% of the current salary
	40	+	7 attached from time to time to the rank held by the
	41	+	8 policeman at the time of removal from the police
	42	+	9 department payroll, regardless of whether that removal
	43	+	10 occurred before the effective date of this amendatory Act
	44	+	11 of 1995. Beginning on January 1, 2000, no duty disability
	45	+	12 benefit that has been payable under this Section for at
	46	+	13 least 7 years shall be less than 60% of the current salary
	47	+	14 attached from time to time to the rank held by the
	48	+	15 policeman at the time of removal from the police
	49	+	16 department payroll, regardless of whether that removal
	50	+	17 occurred before the effective date of this amendatory Act
	51	+	18 of the 92nd General Assembly.
	52	+	19 (iii) If the Board finds that the disability of the
	53	+	20 policeman is of such a nature as to permanently render him
	54	+	21 totally disabled for any service of a remunerative
	55	+	22 character, the duty disability benefit shall be 75% of the
	56	+	23 current salary attached from time to time to the rank held
	57	+	24 by the policeman at the time of removal from the police
	58	+	25 department payroll. In the case of a policeman receiving a
	59	+	26 duty disability benefit under this Section on the
59	60
60	61
61		-	effective date of this amendatory Act of the 92nd General
62		-	Assembly, the increase in benefit provided by this
63		-	amendatory Act, if any, shall begin to accrue as of the
64		-	date that the Board makes the required finding of
65		-	permanent total disability, regardless of whether removal
66		-	from the payroll occurred before the effective date of
67		-	this amendatory Act.
68		-	(b) The policeman shall also have a right to child's
69		-	disability benefit of $100 per month for each unmarried child,
70		-	the issue of the policeman, less than age 18, but the total
71		-	amount of child's disability benefit shall not exceed 25% of
72		-	his salary as defined in this Article. The increase in child's
73		-	disability benefit provided by this amendatory Act of the 92nd
74		-	General Assembly applies beginning January 1, 2000 to all such
75		-	benefits payable on or after that date, regardless of whether
76		-	the disabled policeman is in active service on or after the
77		-	effective date of this amendatory Act.
78		-	(c) Duty disability benefit shall be payable until the
79		-	policeman becomes age 63 or would have been retired by
80		-	operation of law, whichever is later, and child's disability
81		-	benefit shall be paid during any such period of disability
82		-	until the child attains age 18. Thereafter the policeman shall
83		-	receive the annuity provided in accordance with the other
84		-	provisions of this Article.
85		-	(d) A policeman who suffers a heart attack during the
86		-	performance and discharge of his or her duties as a policeman
87	62
88	63
89		-	shall be considered injured in the performance of an act of
90		-	duty and shall be eligible for all benefits that the City
91		-	provides for police officers injured in the performance of an
92		-	act of duty. This subsection (d) is a restatement of existing
93		-	law and applies without regard to whether the policeman is in
94		-	service on or after the effective date of Public Act 89-12 or
95		-	this amendatory Act of 1996.
96		-	(e) For the purposes of this Section only, any policeman
97		-	who becomes disabled as a result of exposure to and
98		-	contraction of COVID-19, as evidenced by either a confirmed
99		-	positive laboratory test for COVID-19 or COVID-19 antibodies
100		-	or a confirmed diagnosis of COVID-19 from a licensed medical
101		-	professional, shall:
102		-	(1) be rebuttably presumed to have contracted COVID-19
103		-	while in the performance of an act or acts of duty;
104		-	(2) be rebuttably presumed to have been injured while
105		-	in the performance of an act or acts of duty; and
106		-	(3) be entitled to receive a duty disability benefit
107		-	during any period of such disability for which the
108		-	policeman does not have a right to receive salary, in an
109		-	amount equal to 75% of the policeman's salary, as salary
110		-	is defined in this Article, at the time the disability is
111		-	allowed, in accordance with subsection (a).
112		-	The presumption shall apply to any policeman who was
113		-	exposed to and contracted COVID-19 on or after March 9, 2020
114		-	and on or before June 30, 2021; except that the presumption
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117		-	shall not apply if the policeman was on a leave of absence from
118		-	his or her employment or otherwise not required to report for
119		-	duty for a period of 14 or more consecutive days immediately
120		-	prior to the date of contraction of COVID-19. For the purposes
121		-	of determining when a policeman contracted COVID-19 under this
122		-	paragraph, the date of contraction is either the date that the
123		-	policeman was diagnosed with COVID-19 or was unable to work
124		-	due to symptoms that were later diagnosed as COVID-19,
125		-	whichever occurred first.
126		-	It is the intent of the General Assembly that the change
127		-	made in this subsection (e) by this amendatory Act shall apply
128		-	retroactively to March 9, 2020, and any policeman who has been
129		-	previously denied a duty disability benefit that would
130		-	otherwise be entitled to duty disability benefit under this
131		-	subsection (e) shall be entitled to retroactive benefits and
132		-	duty disability benefit.
133		-	(Source: P.A. 92-52, eff. 7-12-01.)
134		-	(40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
135		-	Sec. 6-151. An active fireman who is or becomes disabled
136		-	on or after the effective date as the result of a specific
137		-	injury, or of cumulative injuries, or of specific sickness
138		-	incurred in or resulting from an act or acts of duty, shall
139		-	have the right to receive duty disability benefit during any
140		-	period of such disability for which he does not receive or have
141		-	a right to receive salary, equal to 75% of his salary at the
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	70	+	1 effective date of this amendatory Act of the 92nd General
	71	+	2 Assembly, the increase in benefit provided by this
	72	+	3 amendatory Act, if any, shall begin to accrue as of the
	73	+	4 date that the Board makes the required finding of
	74	+	5 permanent total disability, regardless of whether removal
	75	+	6 from the payroll occurred before the effective date of
	76	+	7 this amendatory Act.
	77	+	8 (b) The policeman shall also have a right to child's
	78	+	9 disability benefit of $100 per month for each unmarried child,
	79	+	10 the issue of the policeman, less than age 18, but the total
	80	+	11 amount of child's disability benefit shall not exceed 25% of
	81	+	12 his salary as defined in this Article. The increase in child's
	82	+	13 disability benefit provided by this amendatory Act of the 92nd
	83	+	14 General Assembly applies beginning January 1, 2000 to all such
	84	+	15 benefits payable on or after that date, regardless of whether
	85	+	16 the disabled policeman is in active service on or after the
	86	+	17 effective date of this amendatory Act.
	87	+	18 (c) Duty disability benefit shall be payable until the
	88	+	19 policeman becomes age 63 or would have been retired by
	89	+	20 operation of law, whichever is later, and child's disability
	90	+	21 benefit shall be paid during any such period of disability
	91	+	22 until the child attains age 18. Thereafter the policeman shall
	92	+	23 receive the annuity provided in accordance with the other
	93	+	24 provisions of this Article.
	94	+	25 (d) A policeman who suffers a heart attack during the
	95	+	26 performance and discharge of his or her duties as a policeman
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143	97
144		-	time the disability is allowed. However, beginning January 1,
145		-	1994, no duty disability benefit that has been payable under
146		-	this Section for at least 10 years shall be less than 50% of
147		-	the current salary attached from time to time to the rank and
148		-	grade held by the fireman at the time of his removal from the
149		-	Department payroll, regardless of whether that removal
150		-	occurred before the effective date of this amendatory Act of
151		-	1993.
152		-	Whenever an active fireman is or becomes so injured or
153		-	sick, as to require medical or hospital attention, the chief
154		-	officer of the fire department of the city shall file, or cause
155		-	to be filed, with the board a report of the nature and cause of
156		-	his disability, together with the certificate or report of the
157		-	physician attending or treating, or who attended or treated
158		-	the fireman, and a copy of any hospital record concerning the
159		-	disability. Any injury or sickness not reported to the board
160		-	in time to permit the board's physician to examine the fireman
161		-	before his recovery, and any injury or sickness for which a
162		-	physician's report or copy of the hospital record is not on
163		-	file with the board shall not be considered for the payment of
164		-	duty disability benefit.
165		-	Such fireman shall also receive a child's disability
166		-	benefit of $30 per month on account of each unmarried child,
167		-	the issue of the fireman or legally adopted by him, who is less
168		-	than 18 years of age or handicapped and dependent upon the
169		-	fireman for support. The total amount of child's disability
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171	99
172		-	benefit shall not exceed 25% of his salary at the time the
173		-	disability is allowed.
174		-	The first payment of duty disability or child's disability
175		-	benefit shall be made not later than one month after the
176		-	benefit is granted. Each subsequent payment shall be made not
177		-	later than one month after the date of the latest payment.
178		-	Duty disability benefit shall be payable during the period
179		-	of the disability until the fireman reaches the age of
180		-	compulsory retirement. Child's disability benefit shall be
181		-	paid to such a fireman during the period of disability until
182		-	such child or children attain age 18 or marries, whichever
183		-	event occurs first; except that attainment of age 18 by a child
184		-	who is so physically or mentally handicapped as to be
185		-	dependent upon the fireman for support, shall not render the
186		-	child ineligible for child's disability benefit. The fireman
187		-	shall thereafter receive such annuity or annuities as are
188		-	provided for him in accordance with other provisions of this
189		-	Article.
190		-	For the purposes of this Section only, any fireman who
191		-	becomes disabled as a result of exposure to and contraction of
192		-	COVID-19, as evidenced by either a confirmed positive
193		-	laboratory test for COVID-19 or COVID-19 antibodies or a
194		-	confirmed diagnosis of COVID-19 from a licensed medical
195		-	professional shall:
196		-	(1) be rebuttably presumed to have contracted COVID-19
197		-	while in the performance of an act or acts of duty;
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199	103
200		-	(2) be rebuttably presumed to have been injured while
201		-	in the performance of an act or acts of duty; and
202		-	(3) be entitled to receive a duty disability benefit
203		-	during any period of such disability for which the fireman
204		-	does not have a right to receive salary, in an amount equal
205		-	to 75% of the fireman's salary, as salary is defined in
206		-	this Article, at the time the disability is allowed, in
207		-	accordance with this Section.
208		-	The presumption shall apply to any fireman who was exposed
209		-	to and contracted COVID-19 on or after March 9, 2020 and on or
210		-	before June 30, 2021; except that the presumption shall not
211		-	apply if the fireman was on a leave of absence from his or her
212		-	employment or otherwise not required to report for duty for a
213		-	period of 14 or more consecutive days immediately prior to the
214		-	date of contraction of COVID-19. For the purposes of
215		-	determining when a fireman contracted COVID-19 under this
216		-	paragraph, the date of contraction is either the date that the
217		-	fireman was diagnosed with COVID-19 or was unable to work due
218		-	to symptoms that were later diagnosed as COVID-19, whichever
219		-	occurred first.
220		-	It is the intent of the General Assembly that the change
221		-	made by this amendatory Act shall apply retroactively to March
222		-	9, 2020, and any fireman who has been previously denied a duty
223		-	disability benefit that would otherwise be entitled to duty
224		-	disability benefit under this Section shall be entitled to
225		-	retroactive benefits and duty disability benefit.
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	106	+	1 shall be considered injured in the performance of an act of
	107	+	2 duty and shall be eligible for all benefits that the City
	108	+	3 provides for police officers injured in the performance of an
	109	+	4 act of duty. This subsection (d) is a restatement of existing
	110	+	5 law and applies without regard to whether the policeman is in
	111	+	6 service on or after the effective date of Public Act 89-12 or
	112	+	7 this amendatory Act of 1996.
	113	+	8 (e) For the purposes of this Section only, any policeman
	114	+	9 who becomes disabled as a result of exposure to and
	115	+	10 contraction of COVID-19, as evidenced by either a confirmed
	116	+	11 positive laboratory test for COVID-19 or COVID-19 antibodies
	117	+	12 or a confirmed diagnosis of COVID-19 from a licensed medical
	118	+	13 professional, shall:
	119	+	14 (1) be rebuttably presumed to have contracted COVID-19
	120	+	15 while in the performance of an act or acts of duty;
	121	+	16 (2) be rebuttably presumed to have been injured while
	122	+	17 in the performance of an act or acts of duty; and
	123	+	18 (3) be entitled to receive a duty disability benefit
	124	+	19 during any period of such disability for which the
	125	+	20 policeman does not have a right to receive salary, in an
	126	+	21 amount equal to 75% of the policeman's salary, as salary
	127	+	22 is defined in this Article, at the time the disability is
	128	+	23 allowed, in accordance with subsection (a).
	129	+	24 The presumption shall apply to any policeman who was
	130	+	25 exposed to and contracted COVID-19 on or after March 9, 2020
	131	+	26 and on or before June 30, 2021; except that the presumption
226	132
227	133
228		-	(Source: P.A. 95-279, eff. 1-1-08.)
229		-	Section 90. The State Mandates Act is amended by adding
230		-	Section 8.47 as follows:
231		-	(30 ILCS 805/8.47 new)
232		-	Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
233		-	8 of this Act, no reimbursement by the State is required for
234		-	the implementation of any mandate created by this amendatory
235		-	Act of the 103rd General Assembly.
236		-	Section 99. Effective date. This Act takes effect upon
237		-	becoming law.
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	142	+	1 shall not apply if the policeman was on a leave of absence from
	143	+	2 his or her employment or otherwise not required to report for
	144	+	3 duty for a period of 14 or more consecutive days immediately
	145	+	4 prior to the date of contraction of COVID-19. For the purposes
	146	+	5 of determining when a policeman contracted COVID-19 under this
	147	+	6 paragraph, the date of contraction is either the date that the
	148	+	7 policeman was diagnosed with COVID-19 or was unable to work
	149	+	8 due to symptoms that were later diagnosed as COVID-19,
	150	+	9 whichever occurred first.
	151	+	10 It is the intent of the General Assembly that the change
	152	+	11 made in this subsection (e) by this amendatory Act shall apply
	153	+	12 retroactively to March 9, 2020, and any policeman who has been
	154	+	13 previously denied a duty disability benefit that would
	155	+	14 otherwise be entitled to duty disability benefit under this
	156	+	15 subsection (e) shall be entitled to retroactive benefits and
	157	+	16 duty disability benefit.
	158	+	17 (Source: P.A. 92-52, eff. 7-12-01.)
	159	+	18 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
	160	+	19 Sec. 6-151. An active fireman who is or becomes disabled
	161	+	20 on or after the effective date as the result of a specific
	162	+	21 injury, or of cumulative injuries, or of specific sickness
	163	+	22 incurred in or resulting from an act or acts of duty, shall
	164	+	23 have the right to receive duty disability benefit during any
	165	+	24 period of such disability for which he does not receive or have
	166	+	25 a right to receive salary, equal to 75% of his salary at the
	167	+
	168	+
	169	+
	170	+
	171	+
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	177	+	1 time the disability is allowed. However, beginning January 1,
	178	+	2 1994, no duty disability benefit that has been payable under
	179	+	3 this Section for at least 10 years shall be less than 50% of
	180	+	4 the current salary attached from time to time to the rank and
	181	+	5 grade held by the fireman at the time of his removal from the
	182	+	6 Department payroll, regardless of whether that removal
	183	+	7 occurred before the effective date of this amendatory Act of
	184	+	8 1993.
	185	+	9 Whenever an active fireman is or becomes so injured or
	186	+	10 sick, as to require medical or hospital attention, the chief
	187	+	11 officer of the fire department of the city shall file, or cause
	188	+	12 to be filed, with the board a report of the nature and cause of
	189	+	13 his disability, together with the certificate or report of the
	190	+	14 physician attending or treating, or who attended or treated
	191	+	15 the fireman, and a copy of any hospital record concerning the
	192	+	16 disability. Any injury or sickness not reported to the board
	193	+	17 in time to permit the board's physician to examine the fireman
	194	+	18 before his recovery, and any injury or sickness for which a
	195	+	19 physician's report or copy of the hospital record is not on
	196	+	20 file with the board shall not be considered for the payment of
	197	+	21 duty disability benefit.
	198	+	22 Such fireman shall also receive a child's disability
	199	+	23 benefit of $30 per month on account of each unmarried child,
	200	+	24 the issue of the fireman or legally adopted by him, who is less
	201	+	25 than 18 years of age or handicapped and dependent upon the
	202	+	26 fireman for support. The total amount of child's disability
	203	+
	204	+
	205	+
	206	+
	207	+
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	213	+	1 benefit shall not exceed 25% of his salary at the time the
	214	+	2 disability is allowed.
	215	+	3 The first payment of duty disability or child's disability
	216	+	4 benefit shall be made not later than one month after the
	217	+	5 benefit is granted. Each subsequent payment shall be made not
	218	+	6 later than one month after the date of the latest payment.
	219	+	7 Duty disability benefit shall be payable during the period
	220	+	8 of the disability until the fireman reaches the age of
	221	+	9 compulsory retirement. Child's disability benefit shall be
	222	+	10 paid to such a fireman during the period of disability until
	223	+	11 such child or children attain age 18 or marries, whichever
	224	+	12 event occurs first; except that attainment of age 18 by a child
	225	+	13 who is so physically or mentally handicapped as to be
	226	+	14 dependent upon the fireman for support, shall not render the
	227	+	15 child ineligible for child's disability benefit. The fireman
	228	+	16 shall thereafter receive such annuity or annuities as are
	229	+	17 provided for him in accordance with other provisions of this
	230	+	18 Article.
	231	+	19 For the purposes of this Section only, any fireman who
	232	+	20 becomes disabled as a result of exposure to and contraction of
	233	+	21 COVID-19, as evidenced by either a confirmed positive
	234	+	22 laboratory test for COVID-19 or COVID-19 antibodies or a
	235	+	23 confirmed diagnosis of COVID-19 from a licensed medical
	236	+	24 professional shall:
	237	+	25 (1) be rebuttably presumed to have contracted COVID-19
	238	+	26 while in the performance of an act or acts of duty;
	239	+
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	249	+	1 (2) be rebuttably presumed to have been injured while
	250	+	2 in the performance of an act or acts of duty; and
	251	+	3 (3) be entitled to receive a duty disability benefit
	252	+	4 during any period of such disability for which the fireman
	253	+	5 does not have a right to receive salary, in an amount equal
	254	+	6 to 75% of the fireman's salary, as salary is defined in
	255	+	7 this Article, at the time the disability is allowed, in
	256	+	8 accordance with this Section.
	257	+	9 The presumption shall apply to any fireman who was exposed
	258	+	10 to and contracted COVID-19 on or after March 9, 2020 and on or
	259	+	11 before June 30, 2021; except that the presumption shall not
	260	+	12 apply if the fireman was on a leave of absence from his or her
	261	+	13 employment or otherwise not required to report for duty for a
	262	+	14 period of 14 or more consecutive days immediately prior to the
	263	+	15 date of contraction of COVID-19. For the purposes of
	264	+	16 determining when a fireman contracted COVID-19 under this
	265	+	17 paragraph, the date of contraction is either the date that the
	266	+	18 fireman was diagnosed with COVID-19 or was unable to work due
	267	+	19 to symptoms that were later diagnosed as COVID-19, whichever
	268	+	20 occurred first.
	269	+	21 It is the intent of the General Assembly that the change
	270	+	22 made by this amendatory Act shall apply retroactively to March
	271	+	23 9, 2020, and any fireman who has been previously denied a duty
	272	+	24 disability benefit that would otherwise be entitled to duty
	273	+	25 disability benefit under this Section shall be entitled to
	274	+	26 retroactive benefits and duty disability benefit.
	275	+
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	285	+	1 (Source: P.A. 95-279, eff. 1-1-08.)
	286	+	2 Section 90. The State Mandates Act is amended by adding
	287	+	3 Section 8.47 as follows:
	288	+	4 (30 ILCS 805/8.47 new)
	289	+	5 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
	290	+	6 8 of this Act, no reimbursement by the State is required for
	291	+	7 the implementation of any mandate created by this amendatory
	292	+	8 Act of the 103rd General Assembly.
	293	+	9 Section 99. Effective date. This Act takes effect upon
	294	+	10 becoming law.
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