Illinois 2023-2024 Regular Session

Illinois House Bill HB3769 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0052
2	1		HB3769 EnrolledLRB103 28960 BMS 55346 b HB3769 Enrolled LRB103 28960 BMS 55346 b
3	2		HB3769 Enrolled LRB103 28960 BMS 55346 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Insurance Code is amended by
8		-	changing Section 367f as follows:
9		-	(215 ILCS 5/367f) (from Ch. 73, par. 979f)
10		-	Sec. 367f. Firefighters' Firemen's continuance privilege.
11		-	As used in this Section:
12		-	1. The terms "municipality", "deferred pensioner" and
13		-	"creditable service" shall have the meaning ascribed to such
14		-	terms by Sections 4-103, 4-105a and 4-108, respectively, of
15		-	the Illinois Pension Code, as now or hereafter amended.
16		-	2. "Firefighter" means a person who is a "firefighter" as
17		-	defined in Section 4-106 of the Illinois Pension Code, a
18		-	paramedic who is employed by a unit of local government, or an
19		-	emergency medical technician, emergency medical
20		-	technician-basic, emergency medical technician-intermediate,
21		-	or advanced emergency medical technician who is employed by a
22		-	unit of local government. The terms "fireman" and "firemen"
23		-	shall have the meaning ascribed to the term "firefighter" by
24		-	Section 4-106 of the Illinois Pension Code, and include those
25		-	persons under the coverage of Article 4 of that Code, as
26		-	heretofore or hereafter amended.
	3	+	1 AN ACT concerning regulation.
	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 Insurance Code is amended by
	7	+	5 changing Section 367f as follows:
	8	+	6 (215 ILCS 5/367f) (from Ch. 73, par. 979f)
	9	+	7 Sec. 367f. Firefighters' Firemen's continuance privilege.
	10	+	8 As used in this Section:
	11	+	9 1. The terms "municipality", "deferred pensioner" and
	12	+	10 "creditable service" shall have the meaning ascribed to such
	13	+	11 terms by Sections 4-103, 4-105a and 4-108, respectively, of
	14	+	12 the Illinois Pension Code, as now or hereafter amended.
	15	+	13 2. "Firefighter" means a person who is a "firefighter" as
	16	+	14 defined in Section 4-106 of the Illinois Pension Code, a
	17	+	15 paramedic who is employed by a unit of local government, or an
	18	+	16 emergency medical technician, emergency medical
	19	+	17 technician-basic, emergency medical technician-intermediate,
	20	+	18 or advanced emergency medical technician who is employed by a
	21	+	19 unit of local government. The terms "fireman" and "firemen"
	22	+	20 shall have the meaning ascribed to the term "firefighter" by
	23	+	21 Section 4-106 of the Illinois Pension Code, and include those
	24	+	22 persons under the coverage of Article 4 of that Code, as
	25	+	23 heretofore or hereafter amended.
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33		-	3. The "retirement or disability period" of a firefighter
34		-	fireman means the period:
35		-	a. which begins on the day the firefighter fireman is
36		-	removed from a municipality's fire department payroll
37		-	because of the occurrence of any of the following events,
38		-	to wit: (i) the firefighter fireman retires as a deferred
39		-	pensioner under Section 4-105a of the Illinois Pension
40		-	Code, (ii) the firefighter fireman retires from active
41		-	service as a firefighter fireman with an attained age and
42		-	accumulated creditable service which together qualify the
43		-	firefighter fireman for immediate receipt of retirement
44		-	pension benefits under Section 4-109 of the Illinois
45		-	Pension Code, or (iii) the firefighter's fireman's
46		-	disability is established under Section 4-112 of the
47		-	Illinois Pension Code; and
48		-	b. which ends on the first to occur of any of the
49		-	following events, to wit: (i) the firefighter's fireman's
50		-	reinstatement or reentry into active service on the
51		-	municipality's fire department as provided for under
52		-	Article 4 of the Illinois Pension Code, (ii) the
53		-	firefighter's fireman's exercise of any refund option
54		-	available under Section 4-116 of the Illinois Pension
55		-	Code, (iii) the firefighter's fireman's loss pursuant to
56		-	Section 4-138 of the Illinois Pension Code of any benefits
57		-	provided for in Article 4 of that Code, or (iv) the
58		-	firefighter's fireman's death or -- if at the time of the
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	33	+	HB3769 Enrolled - 2 - LRB103 28960 BMS 55346 b
	34	+	1 3. The "retirement or disability period" of a firefighter
	35	+	2 fireman means the period:
	36	+	3 a. which begins on the day the firefighter fireman is
	37	+	4 removed from a municipality's fire department payroll
	38	+	5 because of the occurrence of any of the following events,
	39	+	6 to wit: (i) the firefighter fireman retires as a deferred
	40	+	7 pensioner under Section 4-105a of the Illinois Pension
	41	+	8 Code, (ii) the firefighter fireman retires from active
	42	+	9 service as a firefighter fireman with an attained age and
	43	+	10 accumulated creditable service which together qualify the
	44	+	11 firefighter fireman for immediate receipt of retirement
	45	+	12 pension benefits under Section 4-109 of the Illinois
	46	+	13 Pension Code, or (iii) the firefighter's fireman's
	47	+	14 disability is established under Section 4-112 of the
	48	+	15 Illinois Pension Code; and
	49	+	16 b. which ends on the first to occur of any of the
	50	+	17 following events, to wit: (i) the firefighter's fireman's
	51	+	18 reinstatement or reentry into active service on the
	52	+	19 municipality's fire department as provided for under
	53	+	20 Article 4 of the Illinois Pension Code, (ii) the
	54	+	21 firefighter's fireman's exercise of any refund option
	55	+	22 available under Section 4-116 of the Illinois Pension
	56	+	23 Code, (iii) the firefighter's fireman's loss pursuant to
	57	+	24 Section 4-138 of the Illinois Pension Code of any benefits
	58	+	25 provided for in Article 4 of that Code, or (iv) the
	59	+	26 firefighter's fireman's death or -- if at the time of the
59	60
60	61
61		-	firefighter's fireman's death the firefighter fireman is
62		-	survived by a spouse who, in that capacity, is entitled to
63		-	receive a surviving spouse's monthly pension pursuant to
64		-	Article 4 of the Illinois Pension Code -- then the death or
65		-	remarriage of that spouse.
66		-	No policy of group accident and health insurance under
67		-	which firefighters firemen employed by a municipality are
68		-	insured for their individual benefit shall be issued or
69		-	delivered in this State to any municipality unless such group
70		-	policy provides for the election of continued group insurance
71		-	coverage for the retirement or disability period of each
72		-	firefighter fireman who is insured under the provisions of the
73		-	group policy on the day immediately preceding the day on which
74		-	the retirement or disability period of such firefighter
75		-	fireman begins. So long as any required premiums for continued
76		-	group insurance coverage are paid in accordance with the
77		-	provisions of the group policy, an election made pursuant to
78		-	this Section shall provide continued group insurance coverage
79		-	for a firefighter fireman throughout the retirement or
80		-	disability period of the firefighter fireman and, unless the
81		-	firefighter fireman otherwise elects and subject to any other
82		-	provisions of the group policy which relate either to the
83		-	provision or to the termination of dependents' coverage and
84		-	which are not inconsistent with this Section, for any
85		-	dependents of the firefighter fireman who are insured under
86		-	the group policy on the day immediately preceding the day on
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88	63
89		-	which the retirement or disability period of the firefighter
90		-	fireman begins; provided, however, that when such continued
91		-	group insurance coverage is in effect with respect to a
92		-	firefighter fireman on the date of the firefighter's fireman's
93		-	death but the retirement or disability period of the
94		-	firefighter fireman does not end with such firefighter's
95		-	fireman's death, then the deceased firefighter's fireman's
96		-	surviving spouse upon whose death or remarriage such
97		-	retirement or disability period will end shall be entitled,
98		-	without further election and upon payment of any required
99		-	premiums in accordance with the provisions of the group
100		-	policy, to maintain such continued group insurance coverage in
101		-	effect until the end of such retirement or disability period.
102		-	Continued group insurance coverage shall be provided in
103		-	accordance with this Section at the same premium rate from
104		-	time to time charged for equivalent coverage provided under
105		-	the group policy with respect to covered firefighters firemen
106		-	whose retirement or disability period has not begun, and no
107		-	distinction or discrimination in the amount or rate of
108		-	premiums or in any waiver of premium or other benefit
109		-	provision shall be made between continued group insurance
110		-	coverage elected pursuant to this Section and equivalent
111		-	coverage provided to firefighters firemen under the group
112		-	policy other than pursuant to the provisions of this Section;
113		-	provided that no municipality shall be required by reason of
114		-	any provision of this Section to pay any group insurance
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117		-	premium other than one that may be negotiated in a collective
118		-	bargaining agreement. If a person electing continued coverage
119		-	under this Section becomes eligible for medicare coverage,
120		-	benefits under the group policy may continue as a supplement
121		-	to the medicare coverage upon payment of any required premiums
122		-	to maintain the benefits of the group policy as supplemental
123		-	coverage.
124		-	Within 15 days of the beginning of the retirement or
125		-	disability period of any firefighter fireman entitled to elect
126		-	continued group insurance coverage under any group policy
127		-	affected by this Section, the municipality last employing such
128		-	firefighter fireman shall give written notice of such
129		-	beginning by certified mail, return receipt requested to the
130		-	insurance company issuing such policy. The notice shall
131		-	include the firefighter's fireman's name and last known place
132		-	of residence and the beginning date of the firefighter's
133		-	fireman's retirement or disability period.
134		-	Within 15 days of the date of receipt of such notice from
135		-	the municipality, the insurance company by certified mail,
136		-	return receipt requested, shall give written notice to the
137		-	firefighter fireman at the firefighter's fireman's last known
138		-	place of residence that coverage under the group policy may be
139		-	continued for the retirement or disability period of the
140		-	firefighter fireman as provided in this Section. Such notice
141		-	shall set forth: (i) a statement of election to be filed by the
142		-	firefighter fireman if the firefighter fireman wishes to
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	69	+	HB3769 Enrolled - 3 - LRB103 28960 BMS 55346 b
	70	+	1 firefighter's fireman's death the firefighter fireman is
	71	+	2 survived by a spouse who, in that capacity, is entitled to
	72	+	3 receive a surviving spouse's monthly pension pursuant to
	73	+	4 Article 4 of the Illinois Pension Code -- then the death or
	74	+	5 remarriage of that spouse.
	75	+	6 No policy of group accident and health insurance under
	76	+	7 which firefighters firemen employed by a municipality are
	77	+	8 insured for their individual benefit shall be issued or
	78	+	9 delivered in this State to any municipality unless such group
	79	+	10 policy provides for the election of continued group insurance
	80	+	11 coverage for the retirement or disability period of each
	81	+	12 firefighter fireman who is insured under the provisions of the
	82	+	13 group policy on the day immediately preceding the day on which
	83	+	14 the retirement or disability period of such firefighter
	84	+	15 fireman begins. So long as any required premiums for continued
	85	+	16 group insurance coverage are paid in accordance with the
	86	+	17 provisions of the group policy, an election made pursuant to
	87	+	18 this Section shall provide continued group insurance coverage
	88	+	19 for a firefighter fireman throughout the retirement or
	89	+	20 disability period of the firefighter fireman and, unless the
	90	+	21 firefighter fireman otherwise elects and subject to any other
	91	+	22 provisions of the group policy which relate either to the
	92	+	23 provision or to the termination of dependents' coverage and
	93	+	24 which are not inconsistent with this Section, for any
	94	+	25 dependents of the firefighter fireman who are insured under
	95	+	26 the group policy on the day immediately preceding the day on
143	96
144	97
145		-	continue such group insurance coverage, (ii) the amount of
146		-	monthly premium, including a statement of the portion of such
147		-	monthly premium attributable to any dependents' coverage which
148		-	the firefighter fireman may elect, and (iii) instructions as
149		-	to the return of the election form to the insurance company
150		-	issuing such policy. Election shall be made, if at all, by
151		-	returning the statement of election to the insurance company
152		-	by certified mail, return receipt requested within 15 days
153		-	after having received it.
154		-	If the firefighter fireman elects to continue coverage, it
155		-	shall be the obligation of the firefighter fireman to pay the
156		-	monthly premium directly to the municipality which shall
157		-	forward it to the insurance company issuing the group
158		-	insurance policy, or as otherwise directed by the insurance
159		-	company; provided, however, that the firefighter fireman shall
160		-	be entitled to designate on the statement of election required
161		-	to be filed with the insurance company that the total monthly
162		-	premium, or such portion thereof as is not contributed by a
163		-	municipality, be deducted by a Firefighter's Pension Fund from
164		-	any monthly pension payment otherwise payable to or on behalf
165		-	of the firefighter fireman pursuant to Article 4 of the
166		-	Illinois Pension Code, and be remitted by such Pension Fund to
167		-	the insurance company. The portion, if any, of the monthly
168		-	premium contributed by a municipality for such continued group
169		-	insurance coverage shall be paid by the municipality directly
170		-	to the insurance company issuing the group insurance policy,
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172	99
173		-	or as otherwise directed by the insurance company. Such
174		-	continued group insurance coverage shall relate back to the
175		-	beginning of the firefighter's fireman's retirement or
176		-	disability period.
177		-	The amendment, renewal or extension of any group insurance
178		-	policy affected by this Section shall be deemed to be the
179		-	issuance of a new policy of insurance for purposes of this
180		-	Section.
181		-	In the event that a municipality makes a program of
182		-	accident, health, hospital or medical benefits available to
183		-	its firefighters firemen through self-insurance, or by
184		-	participation in a pool or reciprocal insurer, or by contract
185		-	in a form other than a policy of group insurance with one or
186		-	more medical service plans, health care service corporations,
187		-	health maintenance organizations, or any other professional
188		-	corporations or plans under which health care or reimbursement
189		-	for the costs thereof is provided, whether the cost of such
190		-	benefits is borne by the municipality or the firefighters
191		-	firemen or both, such firefighters firemen and their surviving
192		-	spouses shall have the same right to elect continued coverage
193		-	under such program of benefits as they would have if such
194		-	benefits were provided by a policy of group accident and
195		-	health insurance. In such cases, the notice of right to elect
196		-	continued coverage shall be sent by the municipality; the
197		-	statement of election shall be sent to the municipality; and
198		-	references to the required premium shall refer to that portion
	100	+
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200	103
201		-	of the cost of such benefits which is not borne by the
202		-	municipality, either voluntarily or pursuant to the provisions
203		-	of a collective bargaining agreement. In the case of a
204		-	municipality providing such benefits through self-insurance or
205		-	participation in a pool or reciprocal insurer, the right to
206		-	elect continued coverage which is provided by this paragraph
207		-	shall be implemented and made available to the firefighters
208		-	firemen of the municipality and qualifying surviving spouses
209		-	not later than July 1, 1985.
210		-	The amendment, renewal or extension of any such contract
211		-	in a form other than a policy of group insurance policy shall
212		-	be deemed the formation of a new contract for the purposes of
213		-	this Section.
214		-	This Section shall not limit the exercise of any
215		-	conversion privileges available under Section 367e.
216		-	Pursuant to paragraphs (h) and (i) of Section 6 of Article
217		-	VII of the Illinois Constitution, this Section specifically
218		-	denies and limits the exercise by a home rule unit of any power
219		-	which is inconsistent with this Section and all existing laws
220		-	and ordinances which are inconsistent with this Section are
221		-	hereby superseded. This Section does not preempt the
222		-	concurrent exercise by home rule units of powers consistent
223		-	herewith.
224		-	The Division of Insurance of the Department of Financial
225		-	and Professional Regulation shall enforce the provisions of
226		-	this Section, including provisions relating to municipality
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	106	+	1 which the retirement or disability period of the firefighter
	107	+	2 fireman begins; provided, however, that when such continued
	108	+	3 group insurance coverage is in effect with respect to a
	109	+	4 firefighter fireman on the date of the firefighter's fireman's
	110	+	5 death but the retirement or disability period of the
	111	+	6 firefighter fireman does not end with such firefighter's
	112	+	7 fireman's death, then the deceased firefighter's fireman's
	113	+	8 surviving spouse upon whose death or remarriage such
	114	+	9 retirement or disability period will end shall be entitled,
	115	+	10 without further election and upon payment of any required
	116	+	11 premiums in accordance with the provisions of the group
	117	+	12 policy, to maintain such continued group insurance coverage in
	118	+	13 effect until the end of such retirement or disability period.
	119	+	14 Continued group insurance coverage shall be provided in
	120	+	15 accordance with this Section at the same premium rate from
	121	+	16 time to time charged for equivalent coverage provided under
	122	+	17 the group policy with respect to covered firefighters firemen
	123	+	18 whose retirement or disability period has not begun, and no
	124	+	19 distinction or discrimination in the amount or rate of
	125	+	20 premiums or in any waiver of premium or other benefit
	126	+	21 provision shall be made between continued group insurance
	127	+	22 coverage elected pursuant to this Section and equivalent
	128	+	23 coverage provided to firefighters firemen under the group
	129	+	24 policy other than pursuant to the provisions of this Section;
	130	+	25 provided that no municipality shall be required by reason of
	131	+	26 any provision of this Section to pay any group insurance
227	132
228	133
229		-	self-insured benefit plans.
230		-	(Source: P.A. 94-858, eff. 6-15-06.)
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	142	+	1 premium other than one that may be negotiated in a collective
	143	+	2 bargaining agreement. If a person electing continued coverage
	144	+	3 under this Section becomes eligible for medicare coverage,
	145	+	4 benefits under the group policy may continue as a supplement
	146	+	5 to the medicare coverage upon payment of any required premiums
	147	+	6 to maintain the benefits of the group policy as supplemental
	148	+	7 coverage.
	149	+	8 Within 15 days of the beginning of the retirement or
	150	+	9 disability period of any firefighter fireman entitled to elect
	151	+	10 continued group insurance coverage under any group policy
	152	+	11 affected by this Section, the municipality last employing such
	153	+	12 firefighter fireman shall give written notice of such
	154	+	13 beginning by certified mail, return receipt requested to the
	155	+	14 insurance company issuing such policy. The notice shall
	156	+	15 include the firefighter's fireman's name and last known place
	157	+	16 of residence and the beginning date of the firefighter's
	158	+	17 fireman's retirement or disability period.
	159	+	18 Within 15 days of the date of receipt of such notice from
	160	+	19 the municipality, the insurance company by certified mail,
	161	+	20 return receipt requested, shall give written notice to the
	162	+	21 firefighter fireman at the firefighter's fireman's last known
	163	+	22 place of residence that coverage under the group policy may be
	164	+	23 continued for the retirement or disability period of the
	165	+	24 firefighter fireman as provided in this Section. Such notice
	166	+	25 shall set forth: (i) a statement of election to be filed by the
	167	+	26 firefighter fireman if the firefighter fireman wishes to
	168	+
	169	+
	170	+
	171	+
	172	+
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	178	+	1 continue such group insurance coverage, (ii) the amount of
	179	+	2 monthly premium, including a statement of the portion of such
	180	+	3 monthly premium attributable to any dependents' coverage which
	181	+	4 the firefighter fireman may elect, and (iii) instructions as
	182	+	5 to the return of the election form to the insurance company
	183	+	6 issuing such policy. Election shall be made, if at all, by
	184	+	7 returning the statement of election to the insurance company
	185	+	8 by certified mail, return receipt requested within 15 days
	186	+	9 after having received it.
	187	+	10 If the firefighter fireman elects to continue coverage, it
	188	+	11 shall be the obligation of the firefighter fireman to pay the
	189	+	12 monthly premium directly to the municipality which shall
	190	+	13 forward it to the insurance company issuing the group
	191	+	14 insurance policy, or as otherwise directed by the insurance
	192	+	15 company; provided, however, that the firefighter fireman shall
	193	+	16 be entitled to designate on the statement of election required
	194	+	17 to be filed with the insurance company that the total monthly
	195	+	18 premium, or such portion thereof as is not contributed by a
	196	+	19 municipality, be deducted by a Firefighter's Pension Fund from
	197	+	20 any monthly pension payment otherwise payable to or on behalf
	198	+	21 of the firefighter fireman pursuant to Article 4 of the
	199	+	22 Illinois Pension Code, and be remitted by such Pension Fund to
	200	+	23 the insurance company. The portion, if any, of the monthly
	201	+	24 premium contributed by a municipality for such continued group
	202	+	25 insurance coverage shall be paid by the municipality directly
	203	+	26 to the insurance company issuing the group insurance policy,
	204	+
	205	+
	206	+
	207	+
	208	+
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	214	+	1 or as otherwise directed by the insurance company. Such
	215	+	2 continued group insurance coverage shall relate back to the
	216	+	3 beginning of the firefighter's fireman's retirement or
	217	+	4 disability period.
	218	+	5 The amendment, renewal or extension of any group insurance
	219	+	6 policy affected by this Section shall be deemed to be the
	220	+	7 issuance of a new policy of insurance for purposes of this
	221	+	8 Section.
	222	+	9 In the event that a municipality makes a program of
	223	+	10 accident, health, hospital or medical benefits available to
	224	+	11 its firefighters firemen through self-insurance, or by
	225	+	12 participation in a pool or reciprocal insurer, or by contract
	226	+	13 in a form other than a policy of group insurance with one or
	227	+	14 more medical service plans, health care service corporations,
	228	+	15 health maintenance organizations, or any other professional
	229	+	16 corporations or plans under which health care or reimbursement
	230	+	17 for the costs thereof is provided, whether the cost of such
	231	+	18 benefits is borne by the municipality or the firefighters
	232	+	19 firemen or both, such firefighters firemen and their surviving
	233	+	20 spouses shall have the same right to elect continued coverage
	234	+	21 under such program of benefits as they would have if such
	235	+	22 benefits were provided by a policy of group accident and
	236	+	23 health insurance. In such cases, the notice of right to elect
	237	+	24 continued coverage shall be sent by the municipality; the
	238	+	25 statement of election shall be sent to the municipality; and
	239	+	26 references to the required premium shall refer to that portion
	240	+
	241	+
	242	+
	243	+
	244	+
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	250	+	1 of the cost of such benefits which is not borne by the
	251	+	2 municipality, either voluntarily or pursuant to the provisions
	252	+	3 of a collective bargaining agreement. In the case of a
	253	+	4 municipality providing such benefits through self-insurance or
	254	+	5 participation in a pool or reciprocal insurer, the right to
	255	+	6 elect continued coverage which is provided by this paragraph
	256	+	7 shall be implemented and made available to the firefighters
	257	+	8 firemen of the municipality and qualifying surviving spouses
	258	+	9 not later than July 1, 1985.
	259	+	10 The amendment, renewal or extension of any such contract
	260	+	11 in a form other than a policy of group insurance policy shall
	261	+	12 be deemed the formation of a new contract for the purposes of
	262	+	13 this Section.
	263	+	14 This Section shall not limit the exercise of any
	264	+	15 conversion privileges available under Section 367e.
	265	+	16 Pursuant to paragraphs (h) and (i) of Section 6 of Article
	266	+	17 VII of the Illinois Constitution, this Section specifically
	267	+	18 denies and limits the exercise by a home rule unit of any power
	268	+	19 which is inconsistent with this Section and all existing laws
	269	+	20 and ordinances which are inconsistent with this Section are
	270	+	21 hereby superseded. This Section does not preempt the
	271	+	22 concurrent exercise by home rule units of powers consistent
	272	+	23 herewith.
	273	+	24 The Division of Insurance of the Department of Financial
	274	+	25 and Professional Regulation shall enforce the provisions of
	275	+	26 this Section, including provisions relating to municipality
	276	+
	277	+
	278	+
	279	+
	280	+
	281	+	HB3769 Enrolled - 8 - LRB103 28960 BMS 55346 b
	282	+
	283	+
	284	+	HB3769 Enrolled- 9 -LRB103 28960 BMS 55346 b HB3769 Enrolled - 9 - LRB103 28960 BMS 55346 b
	285	+	HB3769 Enrolled - 9 - LRB103 28960 BMS 55346 b
	286	+	1 self-insured benefit plans.
	287	+	2 (Source: P.A. 94-858, eff. 6-15-06.)
	288	+
	289	+
	290	+
	291	+
	292	+
	293	+	HB3769 Enrolled - 9 - LRB103 28960 BMS 55346 b