Illinois 2023-2024 Regular Session

Illinois House Bill HB4321 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB4321 EngrossedLRB103 34092 JDS 63909 b HB4321 Engrossed LRB103 34092 JDS 63909 b
2		-	HB4321 Engrossed LRB103 34092 JDS 63909 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4321 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1 40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110 30 ILCS 805/8.47 new Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Establishes a presumption that a firefighter or police officer who becomes disabled as a result of exposure to and contraction of COVID-19 was injured in the line of duty and is entitled to receive a duty disability benefit under the applicable Article of the Code. Specifies that the changes made by the amendatory Act apply retroactively to March 9, 2020, and any police officer or firefighter who has been previously denied a duty disability benefit that would otherwise be entitled to a duty disability benefit under the amendatory Act shall be entitled to a retroactive duty disability benefit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 34092 JDS 63909 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4321 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1 40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110 30 ILCS 805/8.47 new 40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1 40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110 30 ILCS 805/8.47 new Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Establishes a presumption that a firefighter or police officer who becomes disabled as a result of exposure to and contraction of COVID-19 was injured in the line of duty and is entitled to receive a duty disability benefit under the applicable Article of the Code. Specifies that the changes made by the amendatory Act apply retroactively to March 9, 2020, and any police officer or firefighter who has been previously denied a duty disability benefit that would otherwise be entitled to a duty disability benefit under the amendatory Act shall be entitled to a retroactive duty disability benefit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 34092 JDS 63909 b LRB103 34092 JDS 63909 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4321 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
	3	+	40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1 40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110 30 ILCS 805/8.47 new 40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1 40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110 30 ILCS 805/8.47 new
	4	+	40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1
	5	+	40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110
	6	+	30 ILCS 805/8.47 new
	7	+	Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Establishes a presumption that a firefighter or police officer who becomes disabled as a result of exposure to and contraction of COVID-19 was injured in the line of duty and is entitled to receive a duty disability benefit under the applicable Article of the Code. Specifies that the changes made by the amendatory Act apply retroactively to March 9, 2020, and any police officer or firefighter who has been previously denied a duty disability benefit that would otherwise be entitled to a duty disability benefit under the amendatory Act shall be entitled to a retroactive duty disability benefit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
	8	+	LRB103 34092 JDS 63909 b LRB103 34092 JDS 63909 b
	9	+	LRB103 34092 JDS 63909 b
	10	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	11	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	12	+	A BILL FOR
	13	+	HB4321LRB103 34092 JDS 63909 b HB4321 LRB103 34092 JDS 63909 b
	14	+	HB4321 LRB103 34092 JDS 63909 b
3	15		1 AN ACT concerning public employee benefits.
4	16		2 Be it enacted by the People of the State of Illinois,
5	17		3 represented in the General Assembly:
6	18		4 Section 5. The Illinois Pension Code is amended by
7	19		5 changing Sections 3-114.1 and 4-110 as follows:
8	20		6 (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
9	21		7 Sec. 3-114.1. Disability pension; line pension - Line of
10	22		8 duty.
11	23		9 (a) If a police officer as the result of sickness,
12	24		10 accident or injury incurred in or resulting from the
13	25		11 performance of an act of duty, is found to be physically or
14	26		12 mentally disabled for service in the police department, so as
15	27		13 to render necessary his or her suspension or retirement from
16	28		14 the police service, the police officer shall be entitled to a
17	29		15 disability retirement pension equal to the greatest of (1) 65%
18	30		16 of the salary attached to the rank on the police force held by
19	31		17 the officer at the date of suspension of duty or retirement,
20	32		18 (2) the retirement pension that the police officer would be
21	33		19 eligible to receive if he or she retired (but not including any
22	34		20 automatic annual increase in that retirement pension), or (3)
23	35		21 the pension provided under subsection (d), if applicable.
24	36		22 A police officer shall be considered "on duty" while on
25	37		23 any assignment approved by the chief of the police department
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	41	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4321 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
	42	+	40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1 40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110 30 ILCS 805/8.47 new 40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1 40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110 30 ILCS 805/8.47 new
	43	+	40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1
	44	+	40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110
	45	+	30 ILCS 805/8.47 new
	46	+	Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Establishes a presumption that a firefighter or police officer who becomes disabled as a result of exposure to and contraction of COVID-19 was injured in the line of duty and is entitled to receive a duty disability benefit under the applicable Article of the Code. Specifies that the changes made by the amendatory Act apply retroactively to March 9, 2020, and any police officer or firefighter who has been previously denied a duty disability benefit that would otherwise be entitled to a duty disability benefit under the amendatory Act shall be entitled to a retroactive duty disability benefit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
	47	+	LRB103 34092 JDS 63909 b LRB103 34092 JDS 63909 b
	48	+	LRB103 34092 JDS 63909 b
	49	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	50	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	51	+	A BILL FOR
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	57	+	40 ILCS 5/3-114.1 from Ch. 108 1/2, par. 3-114.1
	58	+	40 ILCS 5/4-110 from Ch. 108 1/2, par. 4-110
	59	+	30 ILCS 805/8.47 new
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	63	+	LRB103 34092 JDS 63909 b
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	65	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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34	82		1 of the municipality he or she serves, whether the assignment
35	83		2 is within or outside the municipality.
36	84		3 (b) If a police officer on disability pension dies while
37	85		4 still disabled, the disability pension shall continue to be
38	86		5 paid to his or her survivors in the sequence provided in
39	87		6 Section 3-112.
40	88		7 (c) From and after July 1, 1987, any pension payable under
41	89		8 this Section shall be at least $400 per month, without regard
42	90		9 to the fact that the disability or death of the police officer
43	91		10 occurred prior to that date. If the minimum pension
44	92		11 established in Section 3-113.1 is greater than the minimum
45	93		12 provided in this Section, the Section 3-113.1 minimum
46	94		13 controls.
47	95		14 (d) A disabled police officer who (1) is receiving a
48	96		15 pension under this Section on the effective date of this
49	97		16 amendatory Act of the 91st General Assembly, (2) files with
50	98		17 the Fund, within 30 days after that effective date and
51	99		18 annually thereafter while the pension remains payable, a
52	100		19 written application for the benefits of this subsection,
53	101		20 including an affidavit stating that the applicant has not
54	102		21 earned any income from gainful employment during the most
55	103		22 recently concluded tax year and a copy of his or her most
56	104		23 recent Illinois income tax return, (3) has service credit in
57	105		24 the Fund for at least 7 years of active duty, and (4) has been
58	106		25 receiving the pension under this Section for a period which,
59	107		26 when added to the officer's total service credit in the Fund,
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70	118		1 equals at least 20 years, shall be eligible to receive an
71	119		2 annual noncompounded increase in his or her pension under this
72	120		3 Section, equal to 3% of the original pension.
73	121		4 The Fund may take appropriate steps to verify the
74	122		5 applicant's disability and earnings status, and for this
75	123		6 purpose may request from the Department of Revenue a certified
76	124		7 copy of the applicant's Illinois income tax return for any
77	125		8 year for which a benefit under this Section is payable or has
78	126		9 been paid.
79	127		10 The annual increase shall accrue on each anniversary of
80	128		11 the initial pension payment date, for so long as the pension
81	129		12 remains payable to the disabled police officer and the
82	130		13 required annual application is made, except that the annual
83	131		14 increases under this subsection shall cease if the disabled
84	132		15 police officer earns income from gainful employment. Within 60
85	133		16 days after accepting an initial application under this
86	134		17 subsection, the Fund shall pay to the disabled police officer,
87	135		18 in a lump sum without interest, the amounts resulting from the
88	136		19 annual increases that have accrued retroactively.
89	137		20 This subsection is not limited to persons in active
90	138		21 service on or after its effective date, but it applies only to
91	139		22 a pension that is payable under this Section to a disabled
92	140		23 police officer (rather than a survivor). Upon the death of the
93	141		24 disabled police officer, the annuity payable under this
94	142		25 Section to his or her survivors shall include any annual
95	143		26 increases previously received, but no additional increases
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106	154		1 shall accrue under this subsection.
107	155		2 (e) For the purposes of this Section only, any police
108	156		3 officer who becomes disabled as a result of exposure to and
109	157		4 contraction of COVID-19, as evidenced by either a confirmed
110	158		5 positive laboratory test for COVID-19 or COVID-19 antibodies
111	159		6 or a confirmed diagnosis of COVID-19 from a licensed medical
112	160		7 professional, shall:
113	161		8 (1) be rebuttably presumed to have contracted COVID-19
114	162		9 while in the performance of an act or acts of duty;
115	163		10 (2) be rebuttably presumed to have been injured while
116	164		11 in the performance of an act or acts of duty; and
117	165		12 (3) be entitled to receive, at the time the disability
118	166		13 is allowed in accordance with Section 3-115, a disability
119	167		14 retirement pension under this Section during any period of
120	168		15 such disability for which the police officer does not have
121	169		16 a right to receive salary.
122	170		17 The presumption shall apply to any police officer who was
123	171		18 exposed to and contracted COVID-19 on or after March 9, 2020
124	172		19 and on or before June 30, 2021; except that the presumption
125	173		20 shall not apply if the police officer was on a leave of absence
126	174		21 from his or her employment or otherwise not required to report
127	175		22 for duty for a period of 14 or more consecutive days
128	176		23 immediately prior to the date of contraction of COVID-19. For
129	177		24 the purposes of determining when a police officer contracted
130	178		25 COVID-19 under this paragraph, the date of contraction is
131	179		26 either the date that the police officer was diagnosed with
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142	190		1 COVID-19 or was unable to work due to symptoms that were later
143	191		2 diagnosed as COVID-19, whichever occurred first.
144	192		3 It is the intent of the General Assembly that the change
145	193		4 made in this subsection (e) by this amendatory Act of the 103rd
146	194		5 General Assembly shall apply retroactively to March 9, 2020,
147	195		6 and any police officer who has been previously denied a
148	196		7 disability retirement pension under this Section who would
149	197		8 otherwise be entitled to a disability retirement pension under
150	198		9 this subsection (e) shall be entitled to retroactive benefits
151	199		10 and a disability retirement pension under this Section.
152	200		11 (Source: P.A. 91-939, eff. 2-1-01.)
153	201		12 (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
154	202		13 Sec. 4-110. Disability pension; line pension - Line of
155	203		14 duty. If a firefighter, as the result of sickness, accident or
156	204		15 injury incurred in or resulting from the performance of an act
157	205		16 of duty or from the cumulative effects of acts of duty, is
158	206		17 found, pursuant to Section 4-112, to be physically or mentally
159	207		18 permanently disabled for service in the fire department, so as
160	208		19 to render necessary his or her being placed on disability
161	209		20 pension, the firefighter shall be entitled to a disability
162	210		21 pension equal to the greater of (1) 65% of the monthly salary
163	211		22 attached to the rank held by him or her in the fire department
164	212		23 at the date he or she is removed from the municipality's fire
165	213		24 department payroll or (2) the retirement pension that the
166	214		25 firefighter would be eligible to receive if he or she retired
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177	225		1 (but not including any automatic annual increase in that
178	226		2 retirement pension). A firefighter shall be considered "on
179	227		3 duty" while on any assignment approved by the chief of the fire
180	228		4 department, even though away from the municipality he or she
181	229		5 serves as a firefighter, if the assignment is related to the
182	230		6 fire protection service of the municipality.
183	231		7 Such firefighter shall also be entitled to a child's
184	232		8 disability benefit of $20 a month on account of each unmarried
185	233		9 child less than 18 years of age and dependent upon the
186	234		10 firefighter for support, either the issue of the firefighter
187	235		11 or legally adopted by him or her. The total amount of child's
188	236		12 disability benefit payable to the firefighter, when added to
189	237		13 his or her disability pension, shall not exceed 75% of the
190	238		14 amount of salary which the firefighter was receiving at the
191	239		15 date of retirement.
192	240		16 Benefits payable on account of a child under this Section
193	241		17 shall not be reduced or terminated by reason of the child's
194	242		18 attainment of age 18 if he or she is then dependent by reason
195	243		19 of a physical or mental disability but shall continue to be
196	244		20 paid as long as such dependency continues. Individuals over
197	245		21 the age of 18 and adjudged to be disabled persons pursuant to
198	246		22 Article XIa of the Probate Act of 1975, except for persons
199	247		23 receiving benefits under Article III of the Illinois Public
200	248		24 Aid Code, shall be eligible to receive benefits under this
201	249		25 Act.
202	250		26 If a firefighter dies while still disabled and receiving a
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213	261		1 disability pension under this Section, the disability pension
214	262		2 shall continue to be paid to the firefighter's survivors in
215	263		3 the sequence provided in Section 4-114. A pension previously
216	264		4 granted under Section 4-114 to a survivor of a firefighter who
217	265		5 died while receiving a disability pension under this Section
218	266		6 shall be deemed to be a continuation of the pension provided
219	267		7 under this Section and shall be deemed to be in the nature of
220	268		8 worker's compensation payments. The changes to this Section
221	269		9 made by this amendatory Act of 1995 are intended to be
222	270		10 retroactive and are not limited to persons in service on or
223	271		11 after its effective date.
224	272		12 For the purposes of this Section only, any firefighter who
225	273		13 becomes disabled as a result of exposure to and contraction of
226	274		14 COVID-19, as evidenced by either a confirmed positive
227	275		15 laboratory test for COVID-19 or COVID-19 antibodies or a
228	276		16 confirmed diagnosis of COVID-19 from a licensed medical
229	277		17 professional, shall:
230	278		18 (1) be rebuttably presumed to have contracted COVID-19
231	279		19 while in the performance of an act or acts of duty;
232	280		20 (2) be rebuttably presumed to have been injured while
233	281		21 in the performance of an act or acts of duty; and
234	282		22 (3) be entitled to receive, at the time the disability
235	283		23 is allowed in accordance with Section 4-112, a disability
236	284		24 pension under this Section during any period of such
237	285		25 disability for which the firefighter does not have a right
238	286		26 to receive salary.
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249	297		1 The presumption shall apply to any firefighter who was
250	298		2 exposed to and contracted COVID-19 on or after March 9, 2020
251	299		3 and on or before June 30, 2021; except that the presumption
252	300		4 shall not apply if the firefighter was on a leave of absence
253	301		5 from his or her employment or otherwise not required to report
254	302		6 for duty for a period of 14 or more consecutive days
255	303		7 immediately prior to the date of contraction of COVID-19. For
256	304		8 the purposes of determining when a firefighter contracted
257	305		9 COVID-19 under this paragraph, the date of contraction is
258	306		10 either the date that the firefighter was diagnosed with
259	307		11 COVID-19 or was unable to work due to symptoms that were later
260	308		12 diagnosed as COVID-19, whichever occurred first.
261	309		13 It is the intent of the General Assembly that the change
262	310		14 made by this amendatory Act of the 103rd General Assembly
263	311		15 shall apply retroactively to March 9, 2020, and any
264	312		16 firefighter who has been previously denied a disability
265	313		17 pension under this Section who would otherwise be entitled to
266	314		18 a disability pension under this Section shall be entitled to
267	315		19 retroactive benefits and a disability pension under this
268	316		20 Section.
269	317		21 (Source: P.A. 93-1090, eff. 3-11-05.)
270	318		22 Section 90. The State Mandates Act is amended by adding
271	319		23 Section 8.47 as follows:
272	320		24 (30 ILCS 805/8.47 new)
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283	331		1 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
284	332		2 8 of this Act, no reimbursement by the State is required for
285	333		3 the implementation of any mandate created by this amendatory
286	334		4 Act of the 103rd General Assembly.
287	335		5 Section 99. Effective date. This Act takes effect upon
288	336		6 becoming law.
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