Illinois 2023-2024 Regular Session

Illinois House Bill HB3392 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3392 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: 40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1 30 ILCS 805/8.47 new Amends the Downstate Firefighter and Chicago Firefighter Articles of the Illinois Pension Code. Adds an impairment or condition resulting from a bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, vascular disease or condition, hypertension, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss to the list of diseases for which certain firefighters may be eligible for an occupational disease disability pension. Provides that any condition or impairment of health of a firefighter that results directly or indirectly from any bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss is rebuttably presumed to have resulted from service as a firefighter. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement. LRB103 30124 RPS 56548 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3392 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: 40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1 30 ILCS 805/8.47 new 40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1 30 ILCS 805/8.47 new Amends the Downstate Firefighter and Chicago Firefighter Articles of the Illinois Pension Code. Adds an impairment or condition resulting from a bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, vascular disease or condition, hypertension, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss to the list of diseases for which certain firefighters may be eligible for an occupational disease disability pension. Provides that any condition or impairment of health of a firefighter that results directly or indirectly from any bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss is rebuttably presumed to have resulted from service as a firefighter. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement. LRB103 30124 RPS 56548 b LRB103 30124 RPS 56548 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3392 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1 30 ILCS 805/8.47 new 40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1 30 ILCS 805/8.47 new
4	4	40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1
5	5	40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1
6	6	30 ILCS 805/8.47 new
7	7	Amends the Downstate Firefighter and Chicago Firefighter Articles of the Illinois Pension Code. Adds an impairment or condition resulting from a bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, vascular disease or condition, hypertension, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss to the list of diseases for which certain firefighters may be eligible for an occupational disease disability pension. Provides that any condition or impairment of health of a firefighter that results directly or indirectly from any bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss is rebuttably presumed to have resulted from service as a firefighter. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement.
8	8	LRB103 30124 RPS 56548 b LRB103 30124 RPS 56548 b
9	9	LRB103 30124 RPS 56548 b
10	10	A BILL FOR
11	11	HB3392LRB103 30124 RPS 56548 b HB3392 LRB103 30124 RPS 56548 b
12	12	HB3392 LRB103 30124 RPS 56548 b
13	13	1 AN ACT concerning public employee benefits.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Pension Code is amended by
17	17	5 changing Sections 4-110.1 and 6-151.1 as follows:
18	18	6 (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
19	19	7 Sec. 4-110.1. Occupational disease disability pension.
20	20	8 The General Assembly finds that service in the fire department
21	21	9 requires firefighters in times of stress and danger to perform
22	22	10 unusual tasks; that firefighters are subject to exposure to
23	23	11 extreme heat or extreme cold in certain seasons while
24	24	12 performing their duties; that they are required to work in the
25	25	13 midst of and are subject to heavy smoke fumes, and
26	26	14 carcinogenic, poisonous, toxic or chemical gases from fires;
27	27	15 and that these conditions exist and arise out of or in the
28	28	16 course of employment.
29	29	17 An active firefighter with 5 or more years of creditable
30	30	18 service who is found, pursuant to Section 4-112, unable to
31	31	19 perform his or her duties in the fire department by reason of
32	32	20 heart disease, stroke, tuberculosis, or any disease of the
33	33	21 lungs or respiratory tract, any impairment or condition
34	34	22 resulting from a bloodborne pathogen, contagious staph
35	35	23 infection, including Methicillin-resistant Staphylococcus
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3392 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
40	40	40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1 30 ILCS 805/8.47 new 40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1 40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1 30 ILCS 805/8.47 new
41	41	40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1
42	42	40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1
43	43	30 ILCS 805/8.47 new
44	44	Amends the Downstate Firefighter and Chicago Firefighter Articles of the Illinois Pension Code. Adds an impairment or condition resulting from a bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, vascular disease or condition, hypertension, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss to the list of diseases for which certain firefighters may be eligible for an occupational disease disability pension. Provides that any condition or impairment of health of a firefighter that results directly or indirectly from any bloodborne pathogen, contagious staph infection, including Methicillin-resistant Staphylococcus aureus (MRSA), lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, cancer resulting in any disability (temporary, permanent, total, or partial), or hearing loss is rebuttably presumed to have resulted from service as a firefighter. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement.
45	45	LRB103 30124 RPS 56548 b LRB103 30124 RPS 56548 b
46	46	LRB103 30124 RPS 56548 b
47	47	A BILL FOR
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53	53	40 ILCS 5/4-110.1 from Ch. 108 1/2, par. 4-110.1
54	54	40 ILCS 5/6-151.1 from Ch. 108 1/2, par. 6-151.1
55	55	30 ILCS 805/8.47 new
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74	74	1 aureus (MRSA), lung or respiratory disease or condition,
75	75	2 vascular disease or condition, hypertension, cancer resulting
76	76	3 in any disability (temporary, permanent, total, or partial),
77	77	4 or hearing loss resulting from service as a firefighter, is
78	78	5 entitled to an occupational disease disability pension during
79	79	6 any period of such disability for which he or she has no right
80	80	7 to receive salary.
81	81	8 Any active firefighter who has completed 5 or more years
82	82	9 of service and is unable to perform his or her duties in the
83	83	10 fire department by reason of a disabling cancer, which
84	84	11 develops or manifests itself during a period while the
85	85	12 firefighter is in the service of the fire department, shall be
86	86	13 entitled to receive an occupational disease disability benefit
87	87	14 during any period of such disability for which he or she does
88	88	15 not have a right to receive salary. In order to receive this
89	89	16 occupational disease disability benefit, (i) the type of
90	90	17 cancer involved must be a type which may be caused by exposure
91	91	18 to heat, radiation or a known carcinogen as defined by the
92	92	19 International Agency for Research on Cancer and (ii) the
93	93	20 cancer must (and is rebuttably presumed to) arise as a result
94	94	21 of service as a firefighter.
95	95	22 Any condition or impairment of health of a firefighter
96	96	23 that results directly or indirectly from any bloodborne
97	97	24 pathogen, contagious staph infection, including
98	98	25 Methicillin-resistant Staphylococcus aureus (MRSA), lung or
99	99	26 respiratory disease or condition, heart or vascular disease or
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110	110	1 condition, hypertension, tuberculosis, cancer resulting in any
111	111	2 disability (temporary, permanent, total, or partial), or
112	112	3 hearing loss is rebuttably presumed to have resulted from
113	113	4 service as a firefighter.
114	114	5 A firefighter who enters the service after August 27, 1971
115	115	6 shall be examined by one or more practicing physicians
116	116	7 appointed by the board. If the examination discloses
117	117	8 impairment of the heart, lungs or respiratory tract, or the
118	118	9 existence of any cancer, the firefighter shall not be entitled
119	119	10 to the occupational disease disability pension unless and
120	120	11 until a subsequent examination reveals no such impairment or
121	121	12 cancer.
122	122	13 The occupational disease disability pension shall be equal
123	123	14 to the greater of (1) 65% of the salary attached to the rank
124	124	15 held by the firefighter in the fire service at the time of his
125	125	16 or her removal from the municipality's fire department payroll
126	126	17 or (2) the retirement pension that the firefighter would be
127	127	18 eligible to receive if he or she retired (but not including any
128	128	19 automatic annual increase in that retirement pension).
129	129	20 The firefighter is also entitled to a child's disability
130	130	21 benefit of $20 a month for each natural or legally adopted
131	131	22 unmarried child less than age 18 dependent upon the
132	132	23 firefighter for support. The total child's disability benefit
133	133	24 when added to the occupational disease disability pension
134	134	25 shall not exceed 75% of the firefighter's salary at the time of
135	135	26 the grant of occupational disease disability pension.
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146	146	1 The occupational disease disability pension is payable to
147	147	2 the firefighter during the period of the disability. If the
148	148	3 disability ceases before the death of the firefighter, the
149	149	4 disability pension payable under this Section shall also cease
150	150	5 and the firefighter thereafter shall receive such pension
151	151	6 benefits as are provided in accordance with other provisions
152	152	7 of this Article.
153	153	8 If a firefighter dies while still disabled and receiving a
154	154	9 disability pension under this Section, the disability pension
155	155	10 shall continue to be paid to the firefighter's survivors in
156	156	11 the sequence provided in Section 4-114. A pension previously
157	157	12 granted under Section 4-114 to a survivor of a firefighter who
158	158	13 died while receiving a disability pension under this Section
159	159	14 shall be deemed to be a continuation of the pension provided
160	160	15 under this Section and shall be deemed to be in the nature of
161	161	16 worker's occupational disease compensation payments. The
162	162	17 changes to this Section made by this amendatory Act of 1995 are
163	163	18 intended to be retroactive and are not limited to persons in
164	164	19 service on or after its effective date.
165	165	20 The child's disability benefit shall terminate if the
166	166	21 disability ceases while the firefighter is alive or when the
167	167	22 child or children attain age 18 or marry, whichever event
168	168	23 occurs first, except that benefits payable on account of a
169	169	24 child under this Section shall not be reduced or terminated by
170	170	25 reason of the child's attainment of age 18 if he or she is then
171	171	26 dependent by reason of a physical or mental disability but
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182	182	1 shall continue to be paid as long as such dependency
183	183	2 continues. Individuals over the age of 18 and adjudged as a
184	184	3 disabled person pursuant to Article XIa of the Probate Act of
185	185	4 1975, except for persons receiving benefits under Article III
186	186	5 of the Illinois Public Aid Code, shall be eligible to receive
187	187	6 benefits under this Act.
188	188	7 (Source: P.A. 93-1090, eff. 3-11-05.)
189	189	8 (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
190	190	9 Sec. 6-151.1. The General Assembly finds and declares that
191	191	10 service in the Fire Department requires that firemen, in times
192	192	11 of stress and danger, must perform unusual tasks; that by
193	193	12 reason of their occupation, firemen are subject to exposure to
194	194	13 great heat and to extreme cold in certain seasons while in
195	195	14 performance of their duties; that by reason of their
196	196	15 employment firemen are required to work in the midst of and are
197	197	16 subject to heavy smoke fumes and carcinogenic, poisonous,
198	198	17 toxic or chemical gases from fires; and that in the course of
199	199	18 their rescue and paramedic duties firemen are exposed to
200	200	19 disabling infectious diseases, including AIDS, hepatitis C,
201	201	20 and stroke. The General Assembly further finds and declares
202	202	21 that all the aforementioned conditions exist and arise out of
203	203	22 or in the course of such employment.
204	204	23 Any active fireman who has completed 7 or more years of
205	205	24 service and is unable to perform his duties in the Fire
206	206	25 Department by reason of heart disease, tuberculosis, any
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217	217	1 disease of the lungs or respiratory tract, AIDS, hepatitis C,
218	218	2 stroke, or a contagious staph infection, including
219	219	3 methicillin-resistant Staphylococcus aureus (MRSA), disease or
220	220	4 condition resulting from any bloodborne pathogen, vascular
221	221	5 disease or condition, hypertension, cancer resulting in any
222	222	6 disability (temporary, permanent, total, or partial), or
223	223	7 hearing loss resulting from his service as a fireman, shall be
224	224	8 entitled to receive an occupational disease disability benefit
225	225	9 during any period of such disability for which he does not have
226	226	10 a right to receive salary.
227	227	11 Any active fireman who has completed 7 or more years of
228	228	12 service and is unable to perform his duties in the fire
229	229	13 department by reason of a disabling cancer, which develops or
230	230	14 manifests itself during a period while the fireman is in the
231	231	15 service of the department, shall be entitled to receive an
232	232	16 occupational disease disability benefit during any period of
233	233	17 such disability for which he does not have a right to receive
234	234	18 salary. In order to receive this occupational disease
235	235	19 disability benefit, the type of cancer involved must be a type
236	236	20 which may be caused by exposure to heat, radiation or a known
237	237	21 carcinogen as defined by the International Agency for Research
238	238	22 on Cancer.
239	239	23 Any condition or impairment of health of a firefighter
240	240	24 that results directly or indirectly from any bloodborne
241	241	25 pathogen, contagious staph infection, including
242	242	26 Methicillin-resistant Staphylococcus aureus (MRSA), lung or
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253	253	1 respiratory disease or condition, heart or vascular disease or
254	254	2 condition, hypertension, tuberculosis, cancer resulting in any
255	255	3 disability (temporary, permanent, total, or partial), or
256	256	4 hearing loss is rebuttably presumed to have resulted from
257	257	5 service as a fireman.
258	258	6 Any fireman receiving a retirement annuity shall be
259	259	7 entitled to an occupational disease disability benefit under
260	260	8 this Section if the fireman (1) has not reached the age of
261	261	9 compulsory retirement, (2) has not been receiving a retirement
262	262	10 annuity for more than 5 years, and (3) has a condition that
263	263	11 would have qualified the fireman for an occupational disease
264	264	12 disability benefit under this Section if he or she was an
265	265	13 active fireman. A fireman who receives an occupational disease
266	266	14 disability benefit in accordance with this paragraph may not
267	267	15 receive a retirement annuity during the period in which he or
268	268	16 she receives an occupational disease disability benefit. The
269	269	17 occupational disease disability benefit shall terminate upon
270	270	18 the fireman reaching the age of compulsory retirement.
271	271	19 Any fireman who shall enter the service after the
272	272	20 effective date of this amendatory Act shall be examined by one
273	273	21 or more practicing physicians appointed by the Board, and if
274	274	22 that examination discloses impairment of the heart, lungs, or
275	275	23 respiratory tract, or the existence of AIDS, hepatitis C,
276	276	24 stroke, cancer, or a contagious staph infection, including
277	277	25 methicillin-resistant Staphylococcus aureus (MRSA), then the
278	278	26 fireman shall not be entitled to receive an occupational
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289	289	1 disease disability benefit unless and until a subsequent
290	290	2 examination reveals no such impairment, AIDS, hepatitis C,
291	291	3 stroke, cancer, or contagious staph infection, including
292	292	4 methicillin-resistant Staphylococcus aureus (MRSA).
293	293	5 The occupational disease disability benefit shall be 65%
294	294	6 of the fireman's salary at the time of his removal from the
295	295	7 Department payroll. However, beginning January 1, 1994, no
296	296	8 occupational disease disability benefit that has been payable
297	297	9 under this Section for at least 10 years shall be less than 50%
298	298	10 of the current salary attached from time to time to the rank
299	299	11 and grade held by the fireman at the time of his removal from
300	300	12 the Department payroll, regardless of whether that removal
301	301	13 occurred before the effective date of this amendatory Act of
302	302	14 1993.
303	303	15 Such fireman also shall have a right to receive child's
304	304	16 disability benefit of $30 per month on account of each
305	305	17 unmarried child who is less than 18 years of age or
306	306	18 handicapped, dependent upon the fireman for support, and
307	307	19 either the issue of the fireman or legally adopted by him. The
308	308	20 total amount of child's disability benefit payable to the
309	309	21 fireman, when added to his occupational disease disability
310	310	22 benefit, shall not exceed 75% of the amount of salary which he
311	311	23 was receiving at the time of the grant of occupational disease
312	312	24 disability benefit.
313	313	25 The first payment of occupational disease disability
314	314	26 benefit or child's disability benefit shall be made not later
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325	325	1 than one month after the benefit is granted. Each subsequent
326	326	2 payment shall be made not later than one month after the date
327	327	3 of the latest payment.
328	328	4 Occupational disease disability benefit shall be payable
329	329	5 during the period of the disability until the fireman reaches
330	330	6 the age of compulsory retirement. Child's disability benefit
331	331	7 shall be paid to such a fireman during the period of disability
332	332	8 until such child or children attain age 18 or marry, whichever
333	333	9 event occurs first; except that attainment of age 18 by a child
334	334	10 who is so physically or mentally handicapped as to be
335	335	11 dependent upon the fireman for support, shall not render the
336	336	12 child ineligible for child's disability benefit. The fireman
337	337	13 thereafter shall receive such annuity or annuities as are
338	338	14 provided for him in accordance with other provisions of this
339	339	15 Article.
340	340	16 (Source: P.A. 102-91, eff. 7-9-21; 102-1064, eff. 6-10-22.)
341	341	17 Section 90. The State Mandates Act is amended by adding
342	342	18 Section 8.47 as follows:
343	343	19 (30 ILCS 805/8.47 new)
344	344	20 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
345	345	21 8 of this Act, no reimbursement by the State is required for
346	346	22 the implementation of any mandate created by this amendatory
347	347	23 Act of the 103rd General Assembly.
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