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HB5104 Enrolled LRB103 38081 RPS 68213 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Sections 5-144, 5-153, 5-154, 6-140, 6-150, and 6-151
6 as follows:
7 (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
8 Sec. 5-144. Death from injury in the performance of acts
9 of duty; compensation annuity and supplemental annuity.
10 (a) Beginning January 1, 1986, and without regard to
11 whether or not the annuity in question began before that date,
12 if the annuity for the widow of a policeman whose death, on or
13 after January 1, 1940, results from injury incurred in the
14 performance of an act or acts of duty, is not equal to the sum
15 hereinafter stated, "compensation annuity" equal to the
16 difference between the annuity and an amount equal to 75% of
17 the policeman's salary attached to the position he held by
18 certification and appointment as a result of competitive civil
19 service examination that would ordinarily have been paid to
20 him as though he were in active discharge of his duties shall
21 be payable to the widow until the policeman, had he lived,
22 would have attained age 63. The total amount of the widow's
23 annuity and children's awards payable to the family of such
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1 policeman shall not exceed the amounts stated in Section
2 5-152.
3 For the purposes of this Section only, the death of any
4 policeman as a result of the exposure to and contraction of
5 COVID-19, as evidenced by either (i) a confirmed positive
6 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
7 confirmed diagnosis of COVID-19 from a licensed medical
8 professional, shall be rebuttably presumed to have been
9 contracted while in the performance of an act or acts of duty
10 and the policeman shall be rebuttably presumed to have been
11 fatally injured while in active service. The presumption shall
12 apply to any policeman who was exposed to and contracted
13 COVID-19 on or after March 9, 2020 and on or before January 31,
14 2022 June 30, 2021 (including the period between December 31,
15 2020 and the effective date of this amendatory Act of the 101st
16 General Assembly); except that the presumption shall not apply
17 if the policeman was on a leave of absence from his or her
18 employment or otherwise not required to report for duty for a
19 period of 14 or more consecutive days immediately prior to the
20 date of contraction of COVID-19. For the purposes of
21 determining when a policeman contracted COVID-19 under this
22 paragraph, the date of contraction is either the date that the
23 policeman was diagnosed with COVID-19 or was unable to work
24 due to symptoms that were later diagnosed as COVID-19,
25 whichever occurred first.
26 The provisions of this Section, as amended by Public Act
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1 84-1104, including the reference to the date upon which the
2 deceased policeman would have attained age 63, shall apply to
3 all widows of policemen whose death occurs on or after January
4 1, 1940 due to injury incurred in the performance of an act of
5 duty, regardless of whether such death occurred prior to
6 September 17, 1969. For those widows of policemen that died
7 prior to September 17, 1969, who became eligible for
8 compensation annuity by the action of Public Act 84-1104, such
9 compensation annuity shall begin and be calculated from
10 January 1, 1986. The provisions of this amendatory Act of 1987
11 are intended to restate and clarify the intent of Public Act
12 84-1104, and do not make any substantive change.
13 (b) Upon termination of the compensation annuity,
14 "supplemental annuity" shall become payable to the widow,
15 equal to the difference between the annuity for the widow and
16 an amount equal to 75% of the annual salary (including all
17 salary increases and longevity raises) that the policeman
18 would have been receiving when he attained age 63 if the
19 policeman had continued in service at the same rank (whether
20 career service or exempt) that he last held in the police
21 department. The increase in supplemental annuity resulting
22 from this amendatory Act of the 92nd General Assembly applies
23 without regard to whether the deceased policeman was in
24 service on or after the effective date of this amendatory Act
25 and is payable from July 1, 2002 or the date upon which the
26 supplemental annuity begins, whichever is later.
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1 (c) Neither compensation nor supplemental annuity shall be
2 paid unless the death of the policeman was a direct result of
3 the injury, or the injury was of such character as to prevent
4 him from subsequently resuming service as a policeman; nor
5 shall compensation or supplemental annuity be paid unless the
6 widow was the wife of the policeman when the injury occurred.
7 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
8 (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
9 Sec. 5-153. Death benefit.
10 (a) Effective January 1, 1962, an ordinary death benefit
11 is payable on account of any policeman in service and in
12 receipt of salary on or after such date, which benefit is in
13 addition to all other annuities and benefits herein provided.
14 This benefit is payable upon death of a policeman:
15 (1) occurring in active service while in receipt of
16 salary;
17 (2) on an authorized and approved leave of absence,
18 without salary, beginning on or after January 1, 1962, if
19 the death occurs within 60 days from the date the employee
20 was in receipt of salary; or otherwise in the service and
21 not separated by resignation or discharge beginning
22 January 1, 1962 if death occurs before his resignation or
23 discharge from the service;
24 (3) receiving duty disability or ordinary disability
25 benefit;
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1 (4) occurring within 60 days from the date of
2 termination of duty disability or ordinary disability
3 benefit payments if re-entry into service had not
4 occurred; or
5 (5) occurring on retirement and while in receipt of an
6 age and service annuity, Tier 2 monthly retirement
7 annuity, or prior service annuity; provided (a) retirement
8 on such annuity occurred on or after January 1, 1962, and
9 (b) such separation from service was effective on or after
10 the policeman's attainment of age 50, and (c) application
11 for such annuity was made within 60 days after separation
12 from service.
13 (b) The ordinary death benefit is payable to such
14 beneficiary or beneficiaries as the policeman has nominated by
15 written direction duly signed and acknowledged before an
16 officer authorized to take acknowledgments, and filed with the
17 board. If no such written direction has been filed or if the
18 designated beneficiaries do not survive the policeman, payment
19 of the benefit shall be made to his estate.
20 (c) Until December 31, 1977, if death occurs prior to
21 retirement on annuity and before the policeman's attainment of
22 age 50, the amount of the benefit payable is $6,000. If death
23 occurs prior to retirement, at age 50 or over, the benefit of
24 $6,000 shall be reduced $400 for each year (commencing on the
25 policeman's attainment of age 50, and thereafter on each
26 succeeding birthdate) that the policeman's age, at date of
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1 death, is more than age 50, but in no event below the amount of
2 $2,000. However, if death results from injury incurred in the
3 performance of an act or acts of duty, prior to retirement on
4 annuity, the amount of the benefit payable is $6,000
5 notwithstanding the age attained.
6 Until December 31, 1977, if the policeman's death occurs
7 while he is in receipt of an annuity, the benefit is $2,000 if
8 retirement was effective upon attainment of age 55 or greater.
9 If the policeman retired at age 50 or over and before age 55,
10 the benefit of $2,000 shall be reduced $100 for each year or
11 fraction of a year that the policeman's age at retirement was
12 less than age 55 to a minimum payment of $1,500.
13 After December 31, 1977, and on or before January 1, 1986,
14 if death occurs prior to retirement on annuity and before the
15 policeman's attainment of age 50, the amount of the benefit
16 payable is $7,000. If death occurs prior to retirement, at age
17 50 or over, the benefit of $7,000 shall be reduced $400 for
18 each year (commencing on the policeman's attainment of age 50,
19 and thereafter on each succeeding birthdate) that the
20 policeman's age, at date of death, is more than age 50, but in
21 no event below the amount of $3,000. However, if death results
22 from injury incurred in the performance of an act or acts of
23 duty, prior to retirement on annuity, the amount of the
24 benefit payable is $7,000 notwithstanding the age attained.
25 After December 31, 1977, and on or before January 1, 1986,
26 if the policeman's death occurs while he is in receipt of an
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1 annuity, the benefit is $2,250 if retirement was effective
2 upon attainment of age 55 or greater. If the policeman retired
3 at age 50 or over and before age 55, the benefit of $2,250
4 shall be reduced $100 for each year or fraction of a year that
5 the policeman's age at retirement was less than age 55 to a
6 minimum payment of $1,750.
7 After January 1, 1986, if death occurs prior to retirement
8 on annuity and before the policeman's attainment of age 50,
9 the amount of benefit payable is $12,000. If death occurs
10 prior to retirement, at age 50 or over, the benefit of $12,000
11 shall be reduced $400 for each year (commencing on the
12 policeman's attainment of age 50, and thereafter on each
13 succeeding birthdate) that the policeman's age, at date of
14 death, is more than age 50, but in no event below the amount of
15 $6,000. However, if death results from injury in the
16 performance of an act or acts of duty, prior to retirement on
17 annuity, the amount of benefit payable is $12,000
18 notwithstanding the age attained.
19 After January 1, 1986, if the policeman's death occurs
20 while he is in receipt of an annuity, the benefit is $6,000.
21 (d) For the purposes of this Section only, the death of any
22 policeman as a result of the exposure to and contraction of
23 COVID-19, as evidenced by either (i) a confirmed positive
24 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
25 confirmed diagnosis of COVID-19 from a licensed medical
26 professional, shall be rebuttably presumed to have been
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1 contracted while in the performance of an act or acts of duty
2 and the policeman shall be rebuttably presumed to have been
3 fatally injured while in active service. The presumption shall
4 apply to any policeman who was exposed to and contracted
5 COVID-19 on or after March 9, 2020 and on or before January 31,
6 2022 June 30, 2021 (including the period between December 31,
7 2020 and the effective date of this amendatory Act of the 101st
8 General Assembly); except that the presumption shall not apply
9 if the policeman was on a leave of absence from his or her
10 employment or otherwise not required to report for duty for a
11 period of 14 or more consecutive days immediately prior to the
12 date of contraction of COVID-19. For the purposes of
13 determining when a policeman contracted COVID-19 under this
14 subsection, the date of contraction is either the date that
15 the policeman was diagnosed with COVID-19 or was unable to
16 work due to symptoms that were later diagnosed as COVID-19,
17 whichever occurred first.
18 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
19 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
20 Sec. 5-154. Duty disability benefit; child's disability
21 benefit.
22 (a) An active policeman who becomes disabled on or after
23 the effective date as the result of injury incurred on or after
24 such date in the performance of an act of duty, has a right to
25 receive duty disability benefit during any period of such
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1 disability for which he does not have a right to receive
2 salary, equal to 75% of his salary, as salary is defined in
3 this Article, at the time the disability is allowed; or in the
4 case of a policeman on duty disability who returns to active
5 employment at any time for a period of at least 2 years and is
6 again disabled from the same cause or causes, 75% of his
7 salary, as salary is defined in this Article, at the time
8 disability is allowed; provided, however, that:
9 (i) If the disability resulted from any physical
10 defect or mental disorder or any disease which existed at
11 the time the injury was sustained, or if the disability is
12 less than 50% of total disability for any service of a
13 remunerative character, the duty disability benefit shall
14 be 50% of salary as defined in this Article.
15 (ii) Beginning January 1, 1996, no duty disability
16 benefit that has been payable under this Section for at
17 least 10 years shall be less than 50% of the current salary
18 attached from time to time to the rank held by the
19 policeman at the time of removal from the police
20 department payroll, regardless of whether that removal
21 occurred before the effective date of this amendatory Act
22 of 1995. Beginning on January 1, 2000, no duty disability
23 benefit that has been payable under this Section for at
24 least 7 years shall be less than 60% of the current salary
25 attached from time to time to the rank held by the
26 policeman at the time of removal from the police
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1 department payroll, regardless of whether that removal
2 occurred before the effective date of this amendatory Act
3 of the 92nd General Assembly.
4 (iii) If the Board finds that the disability of the
5 policeman is of such a nature as to permanently render him
6 totally disabled for any service of a remunerative
7 character, the duty disability benefit shall be 75% of the
8 current salary attached from time to time to the rank held
9 by the policeman at the time of removal from the police
10 department payroll. In the case of a policeman receiving a
11 duty disability benefit under this Section on the
12 effective date of this amendatory Act of the 92nd General
13 Assembly, the increase in benefit provided by this
14 amendatory Act, if any, shall begin to accrue as of the
15 date that the Board makes the required finding of
16 permanent total disability, regardless of whether removal
17 from the payroll occurred before the effective date of
18 this amendatory Act.
19 (b) The policeman shall also have a right to child's
20 disability benefit of $100 per month for each unmarried child,
21 the issue of the policeman, less than age 18, but the total
22 amount of child's disability benefit shall not exceed 25% of
23 his salary as defined in this Article. The increase in child's
24 disability benefit provided by this amendatory Act of the 92nd
25 General Assembly applies beginning January 1, 2000 to all such
26 benefits payable on or after that date, regardless of whether
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1 the disabled policeman is in active service on or after the
2 effective date of this amendatory Act.
3 (c) Duty disability benefit shall be payable until the
4 policeman becomes age 63 or would have been retired by
5 operation of law, whichever is later, and child's disability
6 benefit shall be paid during any such period of disability
7 until the child attains age 18. Thereafter the policeman shall
8 receive the annuity provided in accordance with the other
9 provisions of this Article.
10 (d) A policeman who suffers a heart attack during the
11 performance and discharge of his or her duties as a policeman
12 shall be considered injured in the performance of an act of
13 duty and shall be eligible for all benefits that the City
14 provides for police officers injured in the performance of an
15 act of duty. This subsection (d) is a restatement of existing
16 law and applies without regard to whether the policeman is in
17 service on or after the effective date of Public Act 89-12 or
18 this amendatory Act of 1996.
19 (e) For the purposes of this Section only, any policeman
20 who becomes disabled as a result of exposure to and
21 contraction of COVID-19, as evidenced by either a confirmed
22 positive laboratory test for COVID-19 or COVID-19 antibodies
23 or a confirmed diagnosis of COVID-19 from a licensed medical
24 professional, shall:
25 (1) be rebuttably presumed to have contracted COVID-19
26 while in the performance of an act or acts of duty;
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1 (2) be rebuttably presumed to have been injured while
2 in the performance of an act or acts of duty; and
3 (3) be entitled to receive a duty disability benefit
4 during any period of such disability for which the
5 policeman does not have a right to receive salary, in an
6 amount equal to 75% of the policeman's salary, as salary
7 is defined in this Article, at the time the disability is
8 allowed, in accordance with subsection (a).
9 The presumption shall apply to any policeman who was
10 exposed to and contracted COVID-19 on or after March 9, 2020
11 and on or before January 31, 2022 June 30, 2021; except that
12 the presumption shall not apply if the policeman was on a leave
13 of absence from his or her employment or otherwise not
14 required to report for duty for a period of 14 or more
15 consecutive days immediately prior to the date of contraction
16 of COVID-19. For the purposes of determining when a policeman
17 contracted COVID-19 under this paragraph, the date of
18 contraction is either the date that the policeman was
19 diagnosed with COVID-19 or was unable to work due to symptoms
20 that were later diagnosed as COVID-19, whichever occurred
21 first.
22 It is the intent of the General Assembly that the change
23 made in this subsection (e) by this amendatory Act shall apply
24 retroactively to March 9, 2020, and any policeman who has been
25 previously denied a duty disability benefit that would
26 otherwise be entitled to duty disability benefit under this
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1 subsection (e) shall be entitled to retroactive benefits and
2 duty disability benefit.
3 (Source: P.A. 103-2, eff. 5-10-23.)
4 (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
5 Sec. 6-140. Death in the line of duty.
6 (a) The annuity for the widow of a fireman whose death
7 results from the performance of an act or acts of duty shall be
8 an amount equal to 50% of the current annual salary attached to
9 the classified position to which the fireman was certified at
10 the time of his death and 75% thereof after December 31, 1972.
11 Unless the performance of an act or acts of duty results
12 directly in the death of the fireman, or prevents him from
13 subsequently resuming active service in the fire department,
14 the annuity herein provided shall not be paid; nor shall such
15 annuities be paid unless the widow was the wife of the fireman
16 at the time of the act or acts of duty which resulted in his
17 death.
18 For the purposes of this Section only, the death of any
19 fireman as a result of the exposure to and contraction of
20 COVID-19, as evidenced by either (i) a confirmed positive
21 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
22 confirmed diagnosis of COVID-19 from a licensed medical
23 professional, shall be rebuttably presumed to have been
24 contracted while in the performance of an act or acts of duty
25 and the fireman shall be rebuttably presumed to have been
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1 fatally injured while in active service. The presumption shall
2 apply to any fireman who was exposed to and contracted
3 COVID-19 on or after March 9, 2020 and on or before January 31,
4 2022 June 30, 2021 (including the period between December 31,
5 2020 and the effective date of this amendatory Act of the 101st
6 General Assembly); except that the presumption shall not apply
7 if the fireman was on a leave of absence from his or her
8 employment or otherwise not required to report for duty for a
9 period of 14 or more consecutive days immediately prior to the
10 date of contraction of COVID-19. For the purposes of
11 determining when a fireman contracted COVID-19 under this
12 paragraph, the date of contraction is either the date that the
13 fireman was diagnosed with COVID-19 or was unable to work due
14 to symptoms that were later diagnosed as COVID-19, whichever
15 occurred first.
16 (b) The changes made to this Section by this amendatory
17 Act of the 92nd General Assembly apply without regard to
18 whether the deceased fireman was in service on or after the
19 effective date of this amendatory Act. In the case of a widow
20 receiving an annuity under this Section that has been reduced
21 to 40% of current salary because the fireman, had he lived,
22 would have attained the age prescribed for compulsory
23 retirement, the annuity shall be restored to the amount
24 provided in subsection (a), with the increase beginning to
25 accrue on the later of January 1, 2001 or the day the annuity
26 first became payable.
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1 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
2 (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
3 Sec. 6-150. Death benefit.
4 (a) Effective January 1, 1962, an ordinary death benefit
5 shall be payable on account of any fireman in service and in
6 receipt of salary on or after such date, which benefit shall be
7 in addition to all other annuities and benefits herein
8 provided. This benefit shall be payable upon death of a
9 fireman:
10 (1) occurring in active service while in receipt of
11 salary;
12 (2) on an authorized and approved leave of absence,
13 without salary, beginning on or after January 1, 1962, if
14 the death occurs within 60 days from the date the fireman
15 was in receipt of salary;
16 (3) receiving duty, occupational disease, or ordinary
17 disability benefit;
18 (4) occurring within 60 days from the date of
19 termination of duty disability, occupational disease
20 disability or ordinary disability benefit payments if
21 re-entry into service had not occurred; or
22 (5) occurring on retirement and while in receipt of an
23 age and service annuity, prior service annuity, Tier 2
24 monthly retirement annuity, or minimum annuity; provided
25 (a) retirement on such annuity occurred on or after
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1 January 1, 1962, and (b) such separation from service was
2 effective on or after the fireman's attainment of age 50,
3 and (c) application for such annuity was made within 60
4 days after separation from service.
5 (b) The ordinary death benefit shall be payable to such
6 beneficiary or beneficiaries as the fireman has nominated by
7 written direction duly signed and acknowledged before an
8 officer authorized to take acknowledgments, and filed with the
9 board. If no such written direction has been filed or if the
10 designated beneficiaries do not survive the fireman, payment
11 of the benefit shall be made to his estate.
12 (c) Beginning July 1, 1983, if death occurs prior to
13 retirement on annuity and before the fireman's attainment of
14 age 50, the amount of the benefit payable shall be $12,000.
15 Beginning July 1, 1983, if death occurs prior to retirement,
16 at age 50 or over, the benefit of $12,000 shall be reduced $400
17 for each year (commencing on the fireman's attainment of age
18 50 and thereafter on each succeeding birth date) that the
19 fireman's age, at date of death, is more than age 49, but in no
20 event below the amount of $6,000.
21 Beginning July 1, 1983, if the fireman's death occurs
22 while he is in receipt of an annuity, the benefit shall be
23 $6,000.
24 (d) For the purposes of this Section only, the death of any
25 fireman as a result of the exposure to and contraction of
26 COVID-19, as evidenced by either (i) a confirmed positive
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1 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
2 confirmed diagnosis of COVID-19 from a licensed medical
3 professional, shall be rebuttably presumed to have been
4 contracted while in the performance of an act or acts of duty
5 and the fireman shall be rebuttably presumed to have been
6 fatally injured while in active service. The presumption shall
7 apply to any fireman who was exposed to and contracted
8 COVID-19 on or after March 9, 2020 and on or before January 31,
9 2022 June 30, 2021 (including the period between December 31,
10 2020 and the effective date of this amendatory Act of the 101st
11 General Assembly); except that the presumption shall not apply
12 if the fireman was on a leave of absence from his or her
13 employment or otherwise not required to report for duty for a
14 period of 14 or more consecutive days immediately prior to the
15 date of contraction of COVID-19. For the purposes of
16 determining when a fireman contracted COVID-19 under this
17 subsection, the date of contraction is either the date that
18 the fireman was diagnosed with COVID-19 or was unable to work
19 due to symptoms that were later diagnosed as COVID-19,
20 whichever occurred first.
21 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
22 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
23 Sec. 6-151. An active fireman who is or becomes disabled
24 on or after the effective date as the result of a specific
25 injury, or of cumulative injuries, or of specific sickness
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1 incurred in or resulting from an act or acts of duty, shall
2 have the right to receive duty disability benefit during any
3 period of such disability for which he does not receive or have
4 a right to receive salary, equal to 75% of his salary at the
5 time the disability is allowed. However, beginning January 1,
6 1994, no duty disability benefit that has been payable under
7 this Section for at least 10 years shall be less than 50% of
8 the current salary attached from time to time to the rank and
9 grade held by the fireman at the time of his removal from the
10 Department payroll, regardless of whether that removal
11 occurred before the effective date of this amendatory Act of
12 1993.
13 Whenever an active fireman is or becomes so injured or
14 sick, as to require medical or hospital attention, the chief
15 officer of the fire department of the city shall file, or cause
16 to be filed, with the board a report of the nature and cause of
17 his disability, together with the certificate or report of the
18 physician attending or treating, or who attended or treated
19 the fireman, and a copy of any hospital record concerning the
20 disability. Any injury or sickness not reported to the board
21 in time to permit the board's physician to examine the fireman
22 before his recovery, and any injury or sickness for which a
23 physician's report or copy of the hospital record is not on
24 file with the board shall not be considered for the payment of
25 duty disability benefit.
26 Such fireman shall also receive a child's disability
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1 benefit of $30 per month on account of each unmarried child,
2 the issue of the fireman or legally adopted by him, who is less
3 than 18 years of age or handicapped and dependent upon the
4 fireman for support. The total amount of child's disability
5 benefit shall not exceed 25% of his salary at the time the
6 disability is allowed.
7 The first payment of duty disability or child's disability
8 benefit shall be made not later than one month after the
9 benefit is granted. Each subsequent payment shall be made not
10 later than one month after the date of the latest payment.
11 Duty disability benefit shall be payable during the period
12 of the disability until the fireman reaches the age of
13 compulsory retirement. Child's disability benefit shall be
14 paid to such a fireman during the period of disability until
15 such child or children attain age 18 or marries, whichever
16 event occurs first; except that attainment of age 18 by a child
17 who is so physically or mentally handicapped as to be
18 dependent upon the fireman for support, shall not render the
19 child ineligible for child's disability benefit. The fireman
20 shall thereafter receive such annuity or annuities as are
21 provided for him in accordance with other provisions of this
22 Article.
23 For the purposes of this Section only, any fireman who
24 becomes disabled as a result of exposure to and contraction of
25 COVID-19, as evidenced by either a confirmed positive
26 laboratory test for COVID-19 or COVID-19 antibodies or a
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1 confirmed diagnosis of COVID-19 from a licensed medical
2 professional shall:
3 (1) be rebuttably presumed to have contracted COVID-19
4 while in the performance of an act or acts of duty;
5 (2) be rebuttably presumed to have been injured while
6 in the performance of an act or acts of duty; and
7 (3) be entitled to receive a duty disability benefit
8 during any period of such disability for which the fireman
9 does not have a right to receive salary, in an amount equal
10 to 75% of the fireman's salary, as salary is defined in
11 this Article, at the time the disability is allowed, in
12 accordance with this Section.
13 The presumption shall apply to any fireman who was exposed
14 to and contracted COVID-19 on or after March 9, 2020 and on or
15 before January 31, 2022 June 30, 2021; except that the
16 presumption shall not apply if the fireman was on a leave of
17 absence from his or her employment or otherwise not required
18 to report for duty for a period of 14 or more consecutive days
19 immediately prior to the date of contraction of COVID-19. For
20 the purposes of determining when a fireman contracted COVID-19
21 under this paragraph, the date of contraction is either the
22 date that the fireman was diagnosed with COVID-19 or was
23 unable to work due to symptoms that were later diagnosed as
24 COVID-19, whichever occurred first.
25 It is the intent of the General Assembly that the change
26 made by this amendatory Act shall apply retroactively to March
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1 9, 2020, and any fireman who has been previously denied a duty
2 disability benefit that would otherwise be entitled to duty
3 disability benefit under this Section shall be entitled to
4 retroactive benefits and duty disability benefit.
5 (Source: P.A. 103-2, eff. 5-10-23.)
6 Section 90. The State Mandates Act is amended by adding
7 Section 8.48 as follows:
8 (30 ILCS 805/8.48 new)
9 Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
10 8 of this Act, no reimbursement by the State is required for
11 the implementation of any mandate created by this amendatory
12 Act of the 103rd General Assembly.
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