Public Act 103-0002
HB3162 EnrolledLRB103 30861 JDS 57372 b HB3162 Enrolled LRB103 30861 JDS 57372 b
HB3162 Enrolled LRB103 30861 JDS 57372 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 5-154 and 6-151 as follows:
(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
HB3162 Enrolled LRB103 30861 JDS 57372 b
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 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. 92-52, eff. 7-12-01.)
(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 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. 95-279, eff. 1-1-08.)
Section 90. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)
Sec. 8.47. 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.
Section 99. Effective date. This Act takes effect upon
becoming law.