Illinois 2023-2024 Regular Session

Illinois House Bill HB5104 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0692
2	1		HB5104 EnrolledLRB103 38081 RPS 68213 b HB5104 Enrolled LRB103 38081 RPS 68213 b
3	2		HB5104 Enrolled LRB103 38081 RPS 68213 b
4		-	AN ACT concerning public employee benefits.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Pension Code is amended by
8		-	changing Sections 5-144, 5-153, 5-154, 6-140, 6-150, and 6-151
9		-	as follows:
10		-	(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
11		-	Sec. 5-144. Death from injury in the performance of acts
12		-	of duty; compensation annuity and supplemental annuity.
13		-	(a) Beginning January 1, 1986, and without regard to
14		-	whether or not the annuity in question began before that date,
15		-	if the annuity for the widow of a policeman whose death, on or
16		-	after January 1, 1940, results from injury incurred in the
17		-	performance of an act or acts of duty, is not equal to the sum
18		-	hereinafter stated, "compensation annuity" equal to the
19		-	difference between the annuity and an amount equal to 75% of
20		-	the policeman's salary attached to the position he held by
21		-	certification and appointment as a result of competitive civil
22		-	service examination that would ordinarily have been paid to
23		-	him as though he were in active discharge of his duties shall
24		-	be payable to the widow until the policeman, had he lived,
25		-	would have attained age 63. The total amount of the widow's
26		-	annuity and children's awards payable to the family of such
	3	+	1 AN ACT concerning public employee benefits.
	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 Pension Code is amended by
	7	+	5 changing Sections 5-144, 5-153, 5-154, 6-140, 6-150, and 6-151
	8	+	6 as follows:
	9	+	7 (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
	10	+	8 Sec. 5-144. Death from injury in the performance of acts
	11	+	9 of duty; compensation annuity and supplemental annuity.
	12	+	10 (a) Beginning January 1, 1986, and without regard to
	13	+	11 whether or not the annuity in question began before that date,
	14	+	12 if the annuity for the widow of a policeman whose death, on or
	15	+	13 after January 1, 1940, results from injury incurred in the
	16	+	14 performance of an act or acts of duty, is not equal to the sum
	17	+	15 hereinafter stated, "compensation annuity" equal to the
	18	+	16 difference between the annuity and an amount equal to 75% of
	19	+	17 the policeman's salary attached to the position he held by
	20	+	18 certification and appointment as a result of competitive civil
	21	+	19 service examination that would ordinarily have been paid to
	22	+	20 him as though he were in active discharge of his duties shall
	23	+	21 be payable to the widow until the policeman, had he lived,
	24	+	22 would have attained age 63. The total amount of the widow's
	25	+	23 annuity and children's awards payable to the family of such
27	26
28	27
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33		-	policeman shall not exceed the amounts stated in Section
34		-	5-152.
35		-	For the purposes of this Section only, the death of any
36		-	policeman as a result of the exposure to and contraction of
37		-	COVID-19, as evidenced by either (i) a confirmed positive
38		-	laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
39		-	confirmed diagnosis of COVID-19 from a licensed medical
40		-	professional, shall be rebuttably presumed to have been
41		-	contracted while in the performance of an act or acts of duty
42		-	and the policeman shall be rebuttably presumed to have been
43		-	fatally injured while in active service. The presumption shall
44		-	apply to any policeman who was exposed to and contracted
45		-	COVID-19 on or after March 9, 2020 and on or before January 31,
46		-	2022 June 30, 2021 (including the period between December 31,
47		-	2020 and the effective date of this amendatory Act of the 101st
48		-	General Assembly); except that the presumption shall not apply
49		-	if the policeman was on a leave of absence from his or her
50		-	employment or otherwise not required to report for duty for a
51		-	period of 14 or more consecutive days immediately prior to the
52		-	date of contraction of COVID-19. For the purposes of
53		-	determining when a policeman contracted COVID-19 under this
54		-	paragraph, the date of contraction is either the date that the
55		-	policeman was diagnosed with COVID-19 or was unable to work
56		-	due to symptoms that were later diagnosed as COVID-19,
57		-	whichever occurred first.
58		-	The provisions of this Section, as amended by Public Act
	32	+	HB5104 Enrolled- 2 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 2 - LRB103 38081 RPS 68213 b
	33	+	HB5104 Enrolled - 2 - LRB103 38081 RPS 68213 b
	34	+	1 policeman shall not exceed the amounts stated in Section
	35	+	2 5-152.
	36	+	3 For the purposes of this Section only, the death of any
	37	+	4 policeman as a result of the exposure to and contraction of
	38	+	5 COVID-19, as evidenced by either (i) a confirmed positive
	39	+	6 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
	40	+	7 confirmed diagnosis of COVID-19 from a licensed medical
	41	+	8 professional, shall be rebuttably presumed to have been
	42	+	9 contracted while in the performance of an act or acts of duty
	43	+	10 and the policeman shall be rebuttably presumed to have been
	44	+	11 fatally injured while in active service. The presumption shall
	45	+	12 apply to any policeman who was exposed to and contracted
	46	+	13 COVID-19 on or after March 9, 2020 and on or before January 31,
	47	+	14 2022 June 30, 2021 (including the period between December 31,
	48	+	15 2020 and the effective date of this amendatory Act of the 101st
	49	+	16 General Assembly); except that the presumption shall not apply
	50	+	17 if the policeman was on a leave of absence from his or her
	51	+	18 employment or otherwise not required to report for duty for a
	52	+	19 period of 14 or more consecutive days immediately prior to the
	53	+	20 date of contraction of COVID-19. For the purposes of
	54	+	21 determining when a policeman contracted COVID-19 under this
	55	+	22 paragraph, the date of contraction is either the date that the
	56	+	23 policeman was diagnosed with COVID-19 or was unable to work
	57	+	24 due to symptoms that were later diagnosed as COVID-19,
	58	+	25 whichever occurred first.
	59	+	26 The provisions of this Section, as amended by Public Act
59	60
60	61
61		-	84-1104, including the reference to the date upon which the
62		-	deceased policeman would have attained age 63, shall apply to
63		-	all widows of policemen whose death occurs on or after January
64		-	1, 1940 due to injury incurred in the performance of an act of
65		-	duty, regardless of whether such death occurred prior to
66		-	September 17, 1969. For those widows of policemen that died
67		-	prior to September 17, 1969, who became eligible for
68		-	compensation annuity by the action of Public Act 84-1104, such
69		-	compensation annuity shall begin and be calculated from
70		-	January 1, 1986. The provisions of this amendatory Act of 1987
71		-	are intended to restate and clarify the intent of Public Act
72		-	84-1104, and do not make any substantive change.
73		-	(b) Upon termination of the compensation annuity,
74		-	"supplemental annuity" shall become payable to the widow,
75		-	equal to the difference between the annuity for the widow and
76		-	an amount equal to 75% of the annual salary (including all
77		-	salary increases and longevity raises) that the policeman
78		-	would have been receiving when he attained age 63 if the
79		-	policeman had continued in service at the same rank (whether
80		-	career service or exempt) that he last held in the police
81		-	department. The increase in supplemental annuity resulting
82		-	from this amendatory Act of the 92nd General Assembly applies
83		-	without regard to whether the deceased policeman was in
84		-	service on or after the effective date of this amendatory Act
85		-	and is payable from July 1, 2002 or the date upon which the
86		-	supplemental annuity begins, whichever is later.
87	62
88	63
89		-	(c) Neither compensation nor supplemental annuity shall be
90		-	paid unless the death of the policeman was a direct result of
91		-	the injury, or the injury was of such character as to prevent
92		-	him from subsequently resuming service as a policeman; nor
93		-	shall compensation or supplemental annuity be paid unless the
94		-	widow was the wife of the policeman when the injury occurred.
95		-	(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
96		-	(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
97		-	Sec. 5-153. Death benefit.
98		-	(a) Effective January 1, 1962, an ordinary death benefit
99		-	is payable on account of any policeman in service and in
100		-	receipt of salary on or after such date, which benefit is in
101		-	addition to all other annuities and benefits herein provided.
102		-	This benefit is payable upon death of a policeman:
103		-	(1) occurring in active service while in receipt of
104		-	salary;
105		-	(2) on an authorized and approved leave of absence,
106		-	without salary, beginning on or after January 1, 1962, if
107		-	the death occurs within 60 days from the date the employee
108		-	was in receipt of salary; or otherwise in the service and
109		-	not separated by resignation or discharge beginning
110		-	January 1, 1962 if death occurs before his resignation or
111		-	discharge from the service;
112		-	(3) receiving duty disability or ordinary disability
113		-	benefit;
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116		-	(4) occurring within 60 days from the date of
117		-	termination of duty disability or ordinary disability
118		-	benefit payments if re-entry into service had not
119		-	occurred; or
120		-	(5) occurring on retirement and while in receipt of an
121		-	age and service annuity, Tier 2 monthly retirement
122		-	annuity, or prior service annuity; provided (a) retirement
123		-	on such annuity occurred on or after January 1, 1962, and
124		-	(b) such separation from service was effective on or after
125		-	the policeman's attainment of age 50, and (c) application
126		-	for such annuity was made within 60 days after separation
127		-	from service.
128		-	(b) The ordinary death benefit is payable to such
129		-	beneficiary or beneficiaries as the policeman has nominated by
130		-	written direction duly signed and acknowledged before an
131		-	officer authorized to take acknowledgments, and filed with the
132		-	board. If no such written direction has been filed or if the
133		-	designated beneficiaries do not survive the policeman, payment
134		-	of the benefit shall be made to his estate.
135		-	(c) Until December 31, 1977, if death occurs prior to
136		-	retirement on annuity and before the policeman's attainment of
137		-	age 50, the amount of the benefit payable is $6,000. If death
138		-	occurs prior to retirement, at age 50 or over, the benefit of
139		-	$6,000 shall be reduced $400 for each year (commencing on the
140		-	policeman's attainment of age 50, and thereafter on each
141		-	succeeding birthdate) that the policeman's age, at date of
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	69	+	HB5104 Enrolled - 3 - LRB103 38081 RPS 68213 b
	70	+	1 84-1104, including the reference to the date upon which the
	71	+	2 deceased policeman would have attained age 63, shall apply to
	72	+	3 all widows of policemen whose death occurs on or after January
	73	+	4 1, 1940 due to injury incurred in the performance of an act of
	74	+	5 duty, regardless of whether such death occurred prior to
	75	+	6 September 17, 1969. For those widows of policemen that died
	76	+	7 prior to September 17, 1969, who became eligible for
	77	+	8 compensation annuity by the action of Public Act 84-1104, such
	78	+	9 compensation annuity shall begin and be calculated from
	79	+	10 January 1, 1986. The provisions of this amendatory Act of 1987
	80	+	11 are intended to restate and clarify the intent of Public Act
	81	+	12 84-1104, and do not make any substantive change.
	82	+	13 (b) Upon termination of the compensation annuity,
	83	+	14 "supplemental annuity" shall become payable to the widow,
	84	+	15 equal to the difference between the annuity for the widow and
	85	+	16 an amount equal to 75% of the annual salary (including all
	86	+	17 salary increases and longevity raises) that the policeman
	87	+	18 would have been receiving when he attained age 63 if the
	88	+	19 policeman had continued in service at the same rank (whether
	89	+	20 career service or exempt) that he last held in the police
	90	+	21 department. The increase in supplemental annuity resulting
	91	+	22 from this amendatory Act of the 92nd General Assembly applies
	92	+	23 without regard to whether the deceased policeman was in
	93	+	24 service on or after the effective date of this amendatory Act
	94	+	25 and is payable from July 1, 2002 or the date upon which the
	95	+	26 supplemental annuity begins, whichever is later.
142	96
143	97
144		-	death, is more than age 50, but in no event below the amount of
145		-	$2,000. However, if death results from injury incurred in the
146		-	performance of an act or acts of duty, prior to retirement on
147		-	annuity, the amount of the benefit payable is $6,000
148		-	notwithstanding the age attained.
149		-	Until December 31, 1977, if the policeman's death occurs
150		-	while he is in receipt of an annuity, the benefit is $2,000 if
151		-	retirement was effective upon attainment of age 55 or greater.
152		-	If the policeman retired at age 50 or over and before age 55,
153		-	the benefit of $2,000 shall be reduced $100 for each year or
154		-	fraction of a year that the policeman's age at retirement was
155		-	less than age 55 to a minimum payment of $1,500.
156		-	After December 31, 1977, and on or before January 1, 1986,
157		-	if death occurs prior to retirement on annuity and before the
158		-	policeman's attainment of age 50, the amount of the benefit
159		-	payable is $7,000. If death occurs prior to retirement, at age
160		-	50 or over, the benefit of $7,000 shall be reduced $400 for
161		-	each year (commencing on the policeman's attainment of age 50,
162		-	and thereafter on each succeeding birthdate) that the
163		-	policeman's age, at date of death, is more than age 50, but in
164		-	no event below the amount of $3,000. However, if death results
165		-	from injury incurred in the performance of an act or acts of
166		-	duty, prior to retirement on annuity, the amount of the
167		-	benefit payable is $7,000 notwithstanding the age attained.
168		-	After December 31, 1977, and on or before January 1, 1986,
169		-	if the policeman's death occurs while he is in receipt of an
170	98
171	99
172		-	annuity, the benefit is $2,250 if retirement was effective
173		-	upon attainment of age 55 or greater. If the policeman retired
174		-	at age 50 or over and before age 55, the benefit of $2,250
175		-	shall be reduced $100 for each year or fraction of a year that
176		-	the policeman's age at retirement was less than age 55 to a
177		-	minimum payment of $1,750.
178		-	After January 1, 1986, if death occurs prior to retirement
179		-	on annuity and before the policeman's attainment of age 50,
180		-	the amount of benefit payable is $12,000. If death occurs
181		-	prior to retirement, at age 50 or over, the benefit of $12,000
182		-	shall be reduced $400 for each year (commencing on the
183		-	policeman's attainment of age 50, and thereafter on each
184		-	succeeding birthdate) that the policeman's age, at date of
185		-	death, is more than age 50, but in no event below the amount of
186		-	$6,000. However, if death results from injury in the
187		-	performance of an act or acts of duty, prior to retirement on
188		-	annuity, the amount of benefit payable is $12,000
189		-	notwithstanding the age attained.
190		-	After January 1, 1986, if the policeman's death occurs
191		-	while he is in receipt of an annuity, the benefit is $6,000.
192		-	(d) For the purposes of this Section only, the death of any
193		-	policeman as a result of the exposure to and contraction of
194		-	COVID-19, as evidenced by either (i) a confirmed positive
195		-	laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
196		-	confirmed diagnosis of COVID-19 from a licensed medical
197		-	professional, shall be rebuttably presumed to have been
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198	102
199	103
200		-	contracted while in the performance of an act or acts of duty
201		-	and the policeman shall be rebuttably presumed to have been
202		-	fatally injured while in active service. The presumption shall
203		-	apply to any policeman who was exposed to and contracted
204		-	COVID-19 on or after March 9, 2020 and on or before January 31,
205		-	2022 June 30, 2021 (including the period between December 31,
206		-	2020 and the effective date of this amendatory Act of the 101st
207		-	General Assembly); except that the presumption shall not apply
208		-	if the policeman was on a leave of absence from his or her
209		-	employment or otherwise not required to report for duty for a
210		-	period of 14 or more consecutive days immediately prior to the
211		-	date of contraction of COVID-19. For the purposes of
212		-	determining when a policeman contracted COVID-19 under this
213		-	subsection, the date of contraction is either the date that
214		-	the policeman was diagnosed with COVID-19 or was unable to
215		-	work due to symptoms that were later diagnosed as COVID-19,
216		-	whichever occurred first.
217		-	(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
218		-	(40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
219		-	Sec. 5-154. Duty disability benefit; child's disability
220		-	benefit.
221		-	(a) An active policeman who becomes disabled on or after
222		-	the effective date as the result of injury incurred on or after
223		-	such date in the performance of an act of duty, has a right to
224		-	receive duty disability benefit during any period of such
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	105	+	HB5104 Enrolled - 4 - LRB103 38081 RPS 68213 b
	106	+	1 (c) Neither compensation nor supplemental annuity shall be
	107	+	2 paid unless the death of the policeman was a direct result of
	108	+	3 the injury, or the injury was of such character as to prevent
	109	+	4 him from subsequently resuming service as a policeman; nor
	110	+	5 shall compensation or supplemental annuity be paid unless the
	111	+	6 widow was the wife of the policeman when the injury occurred.
	112	+	7 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
	113	+	8 (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
	114	+	9 Sec. 5-153. Death benefit.
	115	+	10 (a) Effective January 1, 1962, an ordinary death benefit
	116	+	11 is payable on account of any policeman in service and in
	117	+	12 receipt of salary on or after such date, which benefit is in
	118	+	13 addition to all other annuities and benefits herein provided.
	119	+	14 This benefit is payable upon death of a policeman:
	120	+	15 (1) occurring in active service while in receipt of
	121	+	16 salary;
	122	+	17 (2) on an authorized and approved leave of absence,
	123	+	18 without salary, beginning on or after January 1, 1962, if
	124	+	19 the death occurs within 60 days from the date the employee
	125	+	20 was in receipt of salary; or otherwise in the service and
	126	+	21 not separated by resignation or discharge beginning
	127	+	22 January 1, 1962 if death occurs before his resignation or
	128	+	23 discharge from the service;
	129	+	24 (3) receiving duty disability or ordinary disability
	130	+	25 benefit;
225	131
226	132
227		-	disability for which he does not have a right to receive
228		-	salary, equal to 75% of his salary, as salary is defined in
229		-	this Article, at the time the disability is allowed; or in the
230		-	case of a policeman on duty disability who returns to active
231		-	employment at any time for a period of at least 2 years and is
232		-	again disabled from the same cause or causes, 75% of his
233		-	salary, as salary is defined in this Article, at the time
234		-	disability is allowed; provided, however, that:
235		-	(i) If the disability resulted from any physical
236		-	defect or mental disorder or any disease which existed at
237		-	the time the injury was sustained, or if the disability is
238		-	less than 50% of total disability for any service of a
239		-	remunerative character, the duty disability benefit shall
240		-	be 50% of salary as defined in this Article.
241		-	(ii) Beginning January 1, 1996, no duty disability
242		-	benefit that has been payable under this Section for at
243		-	least 10 years shall be less than 50% of the current salary
244		-	attached from time to time to the rank held by the
245		-	policeman at the time of removal from the police
246		-	department payroll, regardless of whether that removal
247		-	occurred before the effective date of this amendatory Act
248		-	of 1995. Beginning on January 1, 2000, no duty disability
249		-	benefit that has been payable under this Section for at
250		-	least 7 years shall be less than 60% of the current salary
251		-	attached from time to time to the rank held by the
252		-	policeman at the time of removal from the police
253	133
254	134
255		-	department payroll, regardless of whether that removal
256		-	occurred before the effective date of this amendatory Act
257		-	of the 92nd General Assembly.
258		-	(iii) If the Board finds that the disability of the
259		-	policeman is of such a nature as to permanently render him
260		-	totally disabled for any service of a remunerative
261		-	character, the duty disability benefit shall be 75% of the
262		-	current salary attached from time to time to the rank held
263		-	by the policeman at the time of removal from the police
264		-	department payroll. In the case of a policeman receiving a
265		-	duty disability benefit under this Section on the
266		-	effective date of this amendatory Act of the 92nd General
267		-	Assembly, the increase in benefit provided by this
268		-	amendatory Act, if any, shall begin to accrue as of the
269		-	date that the Board makes the required finding of
270		-	permanent total disability, regardless of whether removal
271		-	from the payroll occurred before the effective date of
272		-	this amendatory Act.
273		-	(b) The policeman shall also have a right to child's
274		-	disability benefit of $100 per month for each unmarried child,
275		-	the issue of the policeman, less than age 18, but the total
276		-	amount of child's disability benefit shall not exceed 25% of
277		-	his salary as defined in this Article. The increase in child's
278		-	disability benefit provided by this amendatory Act of the 92nd
279		-	General Assembly applies beginning January 1, 2000 to all such
280		-	benefits payable on or after that date, regardless of whether
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281	137
282	138
283		-	the disabled policeman is in active service on or after the
284		-	effective date of this amendatory Act.
285		-	(c) Duty disability benefit shall be payable until the
286		-	policeman becomes age 63 or would have been retired by
287		-	operation of law, whichever is later, and child's disability
288		-	benefit shall be paid during any such period of disability
289		-	until the child attains age 18. Thereafter the policeman shall
290		-	receive the annuity provided in accordance with the other
291		-	provisions of this Article.
292		-	(d) A policeman who suffers a heart attack during the
293		-	performance and discharge of his or her duties as a policeman
294		-	shall be considered injured in the performance of an act of
295		-	duty and shall be eligible for all benefits that the City
296		-	provides for police officers injured in the performance of an
297		-	act of duty. This subsection (d) is a restatement of existing
298		-	law and applies without regard to whether the policeman is in
299		-	service on or after the effective date of Public Act 89-12 or
300		-	this amendatory Act of 1996.
301		-	(e) For the purposes of this Section only, any policeman
302		-	who becomes disabled as a result of exposure to and
303		-	contraction of COVID-19, as evidenced by either a confirmed
304		-	positive laboratory test for COVID-19 or COVID-19 antibodies
305		-	or a confirmed diagnosis of COVID-19 from a licensed medical
306		-	professional, shall:
307		-	(1) be rebuttably presumed to have contracted COVID-19
308		-	while in the performance of an act or acts of duty;
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	141	+	1 (4) occurring within 60 days from the date of
	142	+	2 termination of duty disability or ordinary disability
	143	+	3 benefit payments if re-entry into service had not
	144	+	4 occurred; or
	145	+	5 (5) occurring on retirement and while in receipt of an
	146	+	6 age and service annuity, Tier 2 monthly retirement
	147	+	7 annuity, or prior service annuity; provided (a) retirement
	148	+	8 on such annuity occurred on or after January 1, 1962, and
	149	+	9 (b) such separation from service was effective on or after
	150	+	10 the policeman's attainment of age 50, and (c) application
	151	+	11 for such annuity was made within 60 days after separation
	152	+	12 from service.
	153	+	13 (b) The ordinary death benefit is payable to such
	154	+	14 beneficiary or beneficiaries as the policeman has nominated by
	155	+	15 written direction duly signed and acknowledged before an
	156	+	16 officer authorized to take acknowledgments, and filed with the
	157	+	17 board. If no such written direction has been filed or if the
	158	+	18 designated beneficiaries do not survive the policeman, payment
	159	+	19 of the benefit shall be made to his estate.
	160	+	20 (c) Until December 31, 1977, if death occurs prior to
	161	+	21 retirement on annuity and before the policeman's attainment of
	162	+	22 age 50, the amount of the benefit payable is $6,000. If death
	163	+	23 occurs prior to retirement, at age 50 or over, the benefit of
	164	+	24 $6,000 shall be reduced $400 for each year (commencing on the
	165	+	25 policeman's attainment of age 50, and thereafter on each
	166	+	26 succeeding birthdate) that the policeman's age, at date of
309	167
310	168
311		-	(2) be rebuttably presumed to have been injured while
312		-	in the performance of an act or acts of duty; and
313		-	(3) be entitled to receive a duty disability benefit
314		-	during any period of such disability for which the
315		-	policeman does not have a right to receive salary, in an
316		-	amount equal to 75% of the policeman's salary, as salary
317		-	is defined in this Article, at the time the disability is
318		-	allowed, in accordance with subsection (a).
319		-	The presumption shall apply to any policeman who was
320		-	exposed to and contracted COVID-19 on or after March 9, 2020
321		-	and on or before January 31, 2022 June 30, 2021; except that
322		-	the presumption shall not apply if the policeman was on a leave
323		-	of absence from his or her employment or otherwise not
324		-	required to report for duty for a period of 14 or more
325		-	consecutive days immediately prior to the date of contraction
326		-	of COVID-19. For the purposes of determining when a policeman
327		-	contracted COVID-19 under this paragraph, the date of
328		-	contraction is either the date that the policeman was
329		-	diagnosed with COVID-19 or was unable to work due to symptoms
330		-	that were later diagnosed as COVID-19, whichever occurred
331		-	first.
332		-	It is the intent of the General Assembly that the change
333		-	made in this subsection (e) by this amendatory Act shall apply
334		-	retroactively to March 9, 2020, and any policeman who has been
335		-	previously denied a duty disability benefit that would
336		-	otherwise be entitled to duty disability benefit under this
337	169
338	170
339		-	subsection (e) shall be entitled to retroactive benefits and
340		-	duty disability benefit.
341		-	(Source: P.A. 103-2, eff. 5-10-23.)
342		-	(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
343		-	Sec. 6-140. Death in the line of duty.
344		-	(a) The annuity for the widow of a fireman whose death
345		-	results from the performance of an act or acts of duty shall be
346		-	an amount equal to 50% of the current annual salary attached to
347		-	the classified position to which the fireman was certified at
348		-	the time of his death and 75% thereof after December 31, 1972.
349		-	Unless the performance of an act or acts of duty results
350		-	directly in the death of the fireman, or prevents him from
351		-	subsequently resuming active service in the fire department,
352		-	the annuity herein provided shall not be paid; nor shall such
353		-	annuities be paid unless the widow was the wife of the fireman
354		-	at the time of the act or acts of duty which resulted in his
355		-	death.
356		-	For the purposes of this Section only, the death of any
357		-	fireman as a result of the exposure to and contraction of
358		-	COVID-19, as evidenced by either (i) a confirmed positive
359		-	laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
360		-	confirmed diagnosis of COVID-19 from a licensed medical
361		-	professional, shall be rebuttably presumed to have been
362		-	contracted while in the performance of an act or acts of duty
363		-	and the fireman shall be rebuttably presumed to have been
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364	173
365	174
366		-	fatally injured while in active service. The presumption shall
367		-	apply to any fireman who was exposed to and contracted
368		-	COVID-19 on or after March 9, 2020 and on or before January 31,
369		-	2022 June 30, 2021 (including the period between December 31,
370		-	2020 and the effective date of this amendatory Act of the 101st
371		-	General Assembly); except that the presumption shall not apply
372		-	if the fireman was on a leave of absence from his or her
373		-	employment or otherwise not required to report for duty for a
374		-	period of 14 or more consecutive days immediately prior to the
375		-	date of contraction of COVID-19. For the purposes of
376		-	determining when a fireman contracted COVID-19 under this
377		-	paragraph, the date of contraction is either the date that the
378		-	fireman was diagnosed with COVID-19 or was unable to work due
379		-	to symptoms that were later diagnosed as COVID-19, whichever
380		-	occurred first.
381		-	(b) The changes made to this Section by this amendatory
382		-	Act of the 92nd General Assembly apply without regard to
383		-	whether the deceased fireman was in service on or after the
384		-	effective date of this amendatory Act. In the case of a widow
385		-	receiving an annuity under this Section that has been reduced
386		-	to 40% of current salary because the fireman, had he lived,
387		-	would have attained the age prescribed for compulsory
388		-	retirement, the annuity shall be restored to the amount
389		-	provided in subsection (a), with the increase beginning to
390		-	accrue on the later of January 1, 2001 or the day the annuity
391		-	first became payable.
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	177	+	1 death, is more than age 50, but in no event below the amount of
	178	+	2 $2,000. However, if death results from injury incurred in the
	179	+	3 performance of an act or acts of duty, prior to retirement on
	180	+	4 annuity, the amount of the benefit payable is $6,000
	181	+	5 notwithstanding the age attained.
	182	+	6 Until December 31, 1977, if the policeman's death occurs
	183	+	7 while he is in receipt of an annuity, the benefit is $2,000 if
	184	+	8 retirement was effective upon attainment of age 55 or greater.
	185	+	9 If the policeman retired at age 50 or over and before age 55,
	186	+	10 the benefit of $2,000 shall be reduced $100 for each year or
	187	+	11 fraction of a year that the policeman's age at retirement was
	188	+	12 less than age 55 to a minimum payment of $1,500.
	189	+	13 After December 31, 1977, and on or before January 1, 1986,
	190	+	14 if death occurs prior to retirement on annuity and before the
	191	+	15 policeman's attainment of age 50, the amount of the benefit
	192	+	16 payable is $7,000. If death occurs prior to retirement, at age
	193	+	17 50 or over, the benefit of $7,000 shall be reduced $400 for
	194	+	18 each year (commencing on the policeman's attainment of age 50,
	195	+	19 and thereafter on each succeeding birthdate) that the
	196	+	20 policeman's age, at date of death, is more than age 50, but in
	197	+	21 no event below the amount of $3,000. However, if death results
	198	+	22 from injury incurred in the performance of an act or acts of
	199	+	23 duty, prior to retirement on annuity, the amount of the
	200	+	24 benefit payable is $7,000 notwithstanding the age attained.
	201	+	25 After December 31, 1977, and on or before January 1, 1986,
	202	+	26 if the policeman's death occurs while he is in receipt of an
392	203
393	204
394		-	(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
395		-	(40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
396		-	Sec. 6-150. Death benefit.
397		-	(a) Effective January 1, 1962, an ordinary death benefit
398		-	shall be payable on account of any fireman in service and in
399		-	receipt of salary on or after such date, which benefit shall be
400		-	in addition to all other annuities and benefits herein
401		-	provided. This benefit shall be payable upon death of a
402		-	fireman:
403		-	(1) occurring in active service while in receipt of
404		-	salary;
405		-	(2) on an authorized and approved leave of absence,
406		-	without salary, beginning on or after January 1, 1962, if
407		-	the death occurs within 60 days from the date the fireman
408		-	was in receipt of salary;
409		-	(3) receiving duty, occupational disease, or ordinary
410		-	disability benefit;
411		-	(4) occurring within 60 days from the date of
412		-	termination of duty disability, occupational disease
413		-	disability or ordinary disability benefit payments if
414		-	re-entry into service had not occurred; or
415		-	(5) occurring on retirement and while in receipt of an
416		-	age and service annuity, prior service annuity, Tier 2
417		-	monthly retirement annuity, or minimum annuity; provided
418		-	(a) retirement on such annuity occurred on or after
419	205
420	206
421		-	January 1, 1962, and (b) such separation from service was
422		-	effective on or after the fireman's attainment of age 50,
423		-	and (c) application for such annuity was made within 60
424		-	days after separation from service.
425		-	(b) The ordinary death benefit shall be payable to such
426		-	beneficiary or beneficiaries as the fireman has nominated by
427		-	written direction duly signed and acknowledged before an
428		-	officer authorized to take acknowledgments, and filed with the
429		-	board. If no such written direction has been filed or if the
430		-	designated beneficiaries do not survive the fireman, payment
431		-	of the benefit shall be made to his estate.
432		-	(c) Beginning July 1, 1983, if death occurs prior to
433		-	retirement on annuity and before the fireman's attainment of
434		-	age 50, the amount of the benefit payable shall be $12,000.
435		-	Beginning July 1, 1983, if death occurs prior to retirement,
436		-	at age 50 or over, the benefit of $12,000 shall be reduced $400
437		-	for each year (commencing on the fireman's attainment of age
438		-	50 and thereafter on each succeeding birth date) that the
439		-	fireman's age, at date of death, is more than age 49, but in no
440		-	event below the amount of $6,000.
441		-	Beginning July 1, 1983, if the fireman's death occurs
442		-	while he is in receipt of an annuity, the benefit shall be
443		-	$6,000.
444		-	(d) For the purposes of this Section only, the death of any
445		-	fireman as a result of the exposure to and contraction of
446		-	COVID-19, as evidenced by either (i) a confirmed positive
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447	209
448	210
449		-	laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
450		-	confirmed diagnosis of COVID-19 from a licensed medical
451		-	professional, shall be rebuttably presumed to have been
452		-	contracted while in the performance of an act or acts of duty
453		-	and the fireman shall be rebuttably presumed to have been
454		-	fatally injured while in active service. The presumption shall
455		-	apply to any fireman who was exposed to and contracted
456		-	COVID-19 on or after March 9, 2020 and on or before January 31,
457		-	2022 June 30, 2021 (including the period between December 31,
458		-	2020 and the effective date of this amendatory Act of the 101st
459		-	General Assembly); except that the presumption shall not apply
460		-	if the fireman was on a leave of absence from his or her
461		-	employment or otherwise not required to report for duty for a
462		-	period of 14 or more consecutive days immediately prior to the
463		-	date of contraction of COVID-19. For the purposes of
464		-	determining when a fireman contracted COVID-19 under this
465		-	subsection, the date of contraction is either the date that
466		-	the fireman was diagnosed with COVID-19 or was unable to work
467		-	due to symptoms that were later diagnosed as COVID-19,
468		-	whichever occurred first.
469		-	(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
470		-	(40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
471		-	Sec. 6-151. An active fireman who is or becomes disabled
472		-	on or after the effective date as the result of a specific
473		-	injury, or of cumulative injuries, or of specific sickness
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	213	+	1 annuity, the benefit is $2,250 if retirement was effective
	214	+	2 upon attainment of age 55 or greater. If the policeman retired
	215	+	3 at age 50 or over and before age 55, the benefit of $2,250
	216	+	4 shall be reduced $100 for each year or fraction of a year that
	217	+	5 the policeman's age at retirement was less than age 55 to a
	218	+	6 minimum payment of $1,750.
	219	+	7 After January 1, 1986, if death occurs prior to retirement
	220	+	8 on annuity and before the policeman's attainment of age 50,
	221	+	9 the amount of benefit payable is $12,000. If death occurs
	222	+	10 prior to retirement, at age 50 or over, the benefit of $12,000
	223	+	11 shall be reduced $400 for each year (commencing on the
	224	+	12 policeman's attainment of age 50, and thereafter on each
	225	+	13 succeeding birthdate) that the policeman's age, at date of
	226	+	14 death, is more than age 50, but in no event below the amount of
	227	+	15 $6,000. However, if death results from injury in the
	228	+	16 performance of an act or acts of duty, prior to retirement on
	229	+	17 annuity, the amount of benefit payable is $12,000
	230	+	18 notwithstanding the age attained.
	231	+	19 After January 1, 1986, if the policeman's death occurs
	232	+	20 while he is in receipt of an annuity, the benefit is $6,000.
	233	+	21 (d) For the purposes of this Section only, the death of any
	234	+	22 policeman as a result of the exposure to and contraction of
	235	+	23 COVID-19, as evidenced by either (i) a confirmed positive
	236	+	24 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
	237	+	25 confirmed diagnosis of COVID-19 from a licensed medical
	238	+	26 professional, shall be rebuttably presumed to have been
474	239
475	240
476		-	incurred in or resulting from an act or acts of duty, shall
477		-	have the right to receive duty disability benefit during any
478		-	period of such disability for which he does not receive or have
479		-	a right to receive salary, equal to 75% of his salary at the
480		-	time the disability is allowed. However, beginning January 1,
481		-	1994, no duty disability benefit that has been payable under
482		-	this Section for at least 10 years shall be less than 50% of
483		-	the current salary attached from time to time to the rank and
484		-	grade held by the fireman at the time of his removal from the
485		-	Department payroll, regardless of whether that removal
486		-	occurred before the effective date of this amendatory Act of
487		-	1993.
488		-	Whenever an active fireman is or becomes so injured or
489		-	sick, as to require medical or hospital attention, the chief
490		-	officer of the fire department of the city shall file, or cause
491		-	to be filed, with the board a report of the nature and cause of
492		-	his disability, together with the certificate or report of the
493		-	physician attending or treating, or who attended or treated
494		-	the fireman, and a copy of any hospital record concerning the
495		-	disability. Any injury or sickness not reported to the board
496		-	in time to permit the board's physician to examine the fireman
497		-	before his recovery, and any injury or sickness for which a
498		-	physician's report or copy of the hospital record is not on
499		-	file with the board shall not be considered for the payment of
500		-	duty disability benefit.
501		-	Such fireman shall also receive a child's disability
502	241
503	242
504		-	benefit of $30 per month on account of each unmarried child,
505		-	the issue of the fireman or legally adopted by him, who is less
506		-	than 18 years of age or handicapped and dependent upon the
507		-	fireman for support. The total amount of child's disability
508		-	benefit shall not exceed 25% of his salary at the time the
509		-	disability is allowed.
510		-	The first payment of duty disability or child's disability
511		-	benefit shall be made not later than one month after the
512		-	benefit is granted. Each subsequent payment shall be made not
513		-	later than one month after the date of the latest payment.
514		-	Duty disability benefit shall be payable during the period
515		-	of the disability until the fireman reaches the age of
516		-	compulsory retirement. Child's disability benefit shall be
517		-	paid to such a fireman during the period of disability until
518		-	such child or children attain age 18 or marries, whichever
519		-	event occurs first; except that attainment of age 18 by a child
520		-	who is so physically or mentally handicapped as to be
521		-	dependent upon the fireman for support, shall not render the
522		-	child ineligible for child's disability benefit. The fireman
523		-	shall thereafter receive such annuity or annuities as are
524		-	provided for him in accordance with other provisions of this
525		-	Article.
526		-	For the purposes of this Section only, any fireman who
527		-	becomes disabled as a result of exposure to and contraction of
528		-	COVID-19, as evidenced by either a confirmed positive
529		-	laboratory test for COVID-19 or COVID-19 antibodies or a
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530	245
531	246
532		-	confirmed diagnosis of COVID-19 from a licensed medical
533		-	professional shall:
534		-	(1) be rebuttably presumed to have contracted COVID-19
535		-	while in the performance of an act or acts of duty;
536		-	(2) be rebuttably presumed to have been injured while
537		-	in the performance of an act or acts of duty; and
538		-	(3) be entitled to receive a duty disability benefit
539		-	during any period of such disability for which the fireman
540		-	does not have a right to receive salary, in an amount equal
541		-	to 75% of the fireman's salary, as salary is defined in
542		-	this Article, at the time the disability is allowed, in
543		-	accordance with this Section.
544		-	The presumption shall apply to any fireman who was exposed
545		-	to and contracted COVID-19 on or after March 9, 2020 and on or
546		-	before January 31, 2022 June 30, 2021; except that the
547		-	presumption shall not apply if the fireman was on a leave of
548		-	absence from his or her employment or otherwise not required
549		-	to report for duty for a period of 14 or more consecutive days
550		-	immediately prior to the date of contraction of COVID-19. For
551		-	the purposes of determining when a fireman contracted COVID-19
552		-	under this paragraph, the date of contraction is either the
553		-	date that the fireman was diagnosed with COVID-19 or was
554		-	unable to work due to symptoms that were later diagnosed as
555		-	COVID-19, whichever occurred first.
556		-	It is the intent of the General Assembly that the change
557		-	made by this amendatory Act shall apply retroactively to March
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	249	+	1 contracted while in the performance of an act or acts of duty
	250	+	2 and the policeman shall be rebuttably presumed to have been
	251	+	3 fatally injured while in active service. The presumption shall
	252	+	4 apply to any policeman who was exposed to and contracted
	253	+	5 COVID-19 on or after March 9, 2020 and on or before January 31,
	254	+	6 2022 June 30, 2021 (including the period between December 31,
	255	+	7 2020 and the effective date of this amendatory Act of the 101st
	256	+	8 General Assembly); except that the presumption shall not apply
	257	+	9 if the policeman was on a leave of absence from his or her
	258	+	10 employment or otherwise not required to report for duty for a
	259	+	11 period of 14 or more consecutive days immediately prior to the
	260	+	12 date of contraction of COVID-19. For the purposes of
	261	+	13 determining when a policeman contracted COVID-19 under this
	262	+	14 subsection, the date of contraction is either the date that
	263	+	15 the policeman was diagnosed with COVID-19 or was unable to
	264	+	16 work due to symptoms that were later diagnosed as COVID-19,
	265	+	17 whichever occurred first.
	266	+	18 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
	267	+	19 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
	268	+	20 Sec. 5-154. Duty disability benefit; child's disability
	269	+	21 benefit.
	270	+	22 (a) An active policeman who becomes disabled on or after
	271	+	23 the effective date as the result of injury incurred on or after
	272	+	24 such date in the performance of an act of duty, has a right to
	273	+	25 receive duty disability benefit during any period of such
558	274
559	275
560		-	9, 2020, and any fireman who has been previously denied a duty
561		-	disability benefit that would otherwise be entitled to duty
562		-	disability benefit under this Section shall be entitled to
563		-	retroactive benefits and duty disability benefit.
564		-	(Source: P.A. 103-2, eff. 5-10-23.)
565		-	Section 90. The State Mandates Act is amended by adding
566		-	Section 8.48 as follows:
567		-	(30 ILCS 805/8.48 new)
568		-	Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
569		-	8 of this Act, no reimbursement by the State is required for
570		-	the implementation of any mandate created by this amendatory
571		-	Act of the 103rd General Assembly.
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	284	+	1 disability for which he does not have a right to receive
	285	+	2 salary, equal to 75% of his salary, as salary is defined in
	286	+	3 this Article, at the time the disability is allowed; or in the
	287	+	4 case of a policeman on duty disability who returns to active
	288	+	5 employment at any time for a period of at least 2 years and is
	289	+	6 again disabled from the same cause or causes, 75% of his
	290	+	7 salary, as salary is defined in this Article, at the time
	291	+	8 disability is allowed; provided, however, that:
	292	+	9 (i) If the disability resulted from any physical
	293	+	10 defect or mental disorder or any disease which existed at
	294	+	11 the time the injury was sustained, or if the disability is
	295	+	12 less than 50% of total disability for any service of a
	296	+	13 remunerative character, the duty disability benefit shall
	297	+	14 be 50% of salary as defined in this Article.
	298	+	15 (ii) Beginning January 1, 1996, no duty disability
	299	+	16 benefit that has been payable under this Section for at
	300	+	17 least 10 years shall be less than 50% of the current salary
	301	+	18 attached from time to time to the rank held by the
	302	+	19 policeman at the time of removal from the police
	303	+	20 department payroll, regardless of whether that removal
	304	+	21 occurred before the effective date of this amendatory Act
	305	+	22 of 1995. Beginning on January 1, 2000, no duty disability
	306	+	23 benefit that has been payable under this Section for at
	307	+	24 least 7 years shall be less than 60% of the current salary
	308	+	25 attached from time to time to the rank held by the
	309	+	26 policeman at the time of removal from the police
	310	+
	311	+
	312	+
	313	+
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	316	+
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	320	+	1 department payroll, regardless of whether that removal
	321	+	2 occurred before the effective date of this amendatory Act
	322	+	3 of the 92nd General Assembly.
	323	+	4 (iii) If the Board finds that the disability of the
	324	+	5 policeman is of such a nature as to permanently render him
	325	+	6 totally disabled for any service of a remunerative
	326	+	7 character, the duty disability benefit shall be 75% of the
	327	+	8 current salary attached from time to time to the rank held
	328	+	9 by the policeman at the time of removal from the police
	329	+	10 department payroll. In the case of a policeman receiving a
	330	+	11 duty disability benefit under this Section on the
	331	+	12 effective date of this amendatory Act of the 92nd General
	332	+	13 Assembly, the increase in benefit provided by this
	333	+	14 amendatory Act, if any, shall begin to accrue as of the
	334	+	15 date that the Board makes the required finding of
	335	+	16 permanent total disability, regardless of whether removal
	336	+	17 from the payroll occurred before the effective date of
	337	+	18 this amendatory Act.
	338	+	19 (b) The policeman shall also have a right to child's
	339	+	20 disability benefit of $100 per month for each unmarried child,
	340	+	21 the issue of the policeman, less than age 18, but the total
	341	+	22 amount of child's disability benefit shall not exceed 25% of
	342	+	23 his salary as defined in this Article. The increase in child's
	343	+	24 disability benefit provided by this amendatory Act of the 92nd
	344	+	25 General Assembly applies beginning January 1, 2000 to all such
	345	+	26 benefits payable on or after that date, regardless of whether
	346	+
	347	+
	348	+
	349	+
	350	+
	351	+	HB5104 Enrolled - 10 - LRB103 38081 RPS 68213 b
	352	+
	353	+
	354	+	HB5104 Enrolled- 11 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 11 - LRB103 38081 RPS 68213 b
	355	+	HB5104 Enrolled - 11 - LRB103 38081 RPS 68213 b
	356	+	1 the disabled policeman is in active service on or after the
	357	+	2 effective date of this amendatory Act.
	358	+	3 (c) Duty disability benefit shall be payable until the
	359	+	4 policeman becomes age 63 or would have been retired by
	360	+	5 operation of law, whichever is later, and child's disability
	361	+	6 benefit shall be paid during any such period of disability
	362	+	7 until the child attains age 18. Thereafter the policeman shall
	363	+	8 receive the annuity provided in accordance with the other
	364	+	9 provisions of this Article.
	365	+	10 (d) A policeman who suffers a heart attack during the
	366	+	11 performance and discharge of his or her duties as a policeman
	367	+	12 shall be considered injured in the performance of an act of
	368	+	13 duty and shall be eligible for all benefits that the City
	369	+	14 provides for police officers injured in the performance of an
	370	+	15 act of duty. This subsection (d) is a restatement of existing
	371	+	16 law and applies without regard to whether the policeman is in
	372	+	17 service on or after the effective date of Public Act 89-12 or
	373	+	18 this amendatory Act of 1996.
	374	+	19 (e) For the purposes of this Section only, any policeman
	375	+	20 who becomes disabled as a result of exposure to and
	376	+	21 contraction of COVID-19, as evidenced by either a confirmed
	377	+	22 positive laboratory test for COVID-19 or COVID-19 antibodies
	378	+	23 or a confirmed diagnosis of COVID-19 from a licensed medical
	379	+	24 professional, shall:
	380	+	25 (1) be rebuttably presumed to have contracted COVID-19
	381	+	26 while in the performance of an act or acts of duty;
	382	+
	383	+
	384	+
	385	+
	386	+
	387	+	HB5104 Enrolled - 11 - LRB103 38081 RPS 68213 b
	388	+
	389	+
	390	+	HB5104 Enrolled- 12 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 12 - LRB103 38081 RPS 68213 b
	391	+	HB5104 Enrolled - 12 - LRB103 38081 RPS 68213 b
	392	+	1 (2) be rebuttably presumed to have been injured while
	393	+	2 in the performance of an act or acts of duty; and
	394	+	3 (3) be entitled to receive a duty disability benefit
	395	+	4 during any period of such disability for which the
	396	+	5 policeman does not have a right to receive salary, in an
	397	+	6 amount equal to 75% of the policeman's salary, as salary
	398	+	7 is defined in this Article, at the time the disability is
	399	+	8 allowed, in accordance with subsection (a).
	400	+	9 The presumption shall apply to any policeman who was
	401	+	10 exposed to and contracted COVID-19 on or after March 9, 2020
	402	+	11 and on or before January 31, 2022 June 30, 2021; except that
	403	+	12 the presumption shall not apply if the policeman was on a leave
	404	+	13 of absence from his or her employment or otherwise not
	405	+	14 required to report for duty for a period of 14 or more
	406	+	15 consecutive days immediately prior to the date of contraction
	407	+	16 of COVID-19. For the purposes of determining when a policeman
	408	+	17 contracted COVID-19 under this paragraph, the date of
	409	+	18 contraction is either the date that the policeman was
	410	+	19 diagnosed with COVID-19 or was unable to work due to symptoms
	411	+	20 that were later diagnosed as COVID-19, whichever occurred
	412	+	21 first.
	413	+	22 It is the intent of the General Assembly that the change
	414	+	23 made in this subsection (e) by this amendatory Act shall apply
	415	+	24 retroactively to March 9, 2020, and any policeman who has been
	416	+	25 previously denied a duty disability benefit that would
	417	+	26 otherwise be entitled to duty disability benefit under this
	418	+
	419	+
	420	+
	421	+
	422	+
	423	+	HB5104 Enrolled - 12 - LRB103 38081 RPS 68213 b
	424	+
	425	+
	426	+	HB5104 Enrolled- 13 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 13 - LRB103 38081 RPS 68213 b
	427	+	HB5104 Enrolled - 13 - LRB103 38081 RPS 68213 b
	428	+	1 subsection (e) shall be entitled to retroactive benefits and
	429	+	2 duty disability benefit.
	430	+	3 (Source: P.A. 103-2, eff. 5-10-23.)
	431	+	4 (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
	432	+	5 Sec. 6-140. Death in the line of duty.
	433	+	6 (a) The annuity for the widow of a fireman whose death
	434	+	7 results from the performance of an act or acts of duty shall be
	435	+	8 an amount equal to 50% of the current annual salary attached to
	436	+	9 the classified position to which the fireman was certified at
	437	+	10 the time of his death and 75% thereof after December 31, 1972.
	438	+	11 Unless the performance of an act or acts of duty results
	439	+	12 directly in the death of the fireman, or prevents him from
	440	+	13 subsequently resuming active service in the fire department,
	441	+	14 the annuity herein provided shall not be paid; nor shall such
	442	+	15 annuities be paid unless the widow was the wife of the fireman
	443	+	16 at the time of the act or acts of duty which resulted in his
	444	+	17 death.
	445	+	18 For the purposes of this Section only, the death of any
	446	+	19 fireman as a result of the exposure to and contraction of
	447	+	20 COVID-19, as evidenced by either (i) a confirmed positive
	448	+	21 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
	449	+	22 confirmed diagnosis of COVID-19 from a licensed medical
	450	+	23 professional, shall be rebuttably presumed to have been
	451	+	24 contracted while in the performance of an act or acts of duty
	452	+	25 and the fireman shall be rebuttably presumed to have been
	453	+
	454	+
	455	+
	456	+
	457	+
	458	+	HB5104 Enrolled - 13 - LRB103 38081 RPS 68213 b
	459	+
	460	+
	461	+	HB5104 Enrolled- 14 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 14 - LRB103 38081 RPS 68213 b
	462	+	HB5104 Enrolled - 14 - LRB103 38081 RPS 68213 b
	463	+	1 fatally injured while in active service. The presumption shall
	464	+	2 apply to any fireman who was exposed to and contracted
	465	+	3 COVID-19 on or after March 9, 2020 and on or before January 31,
	466	+	4 2022 June 30, 2021 (including the period between December 31,
	467	+	5 2020 and the effective date of this amendatory Act of the 101st
	468	+	6 General Assembly); except that the presumption shall not apply
	469	+	7 if the fireman was on a leave of absence from his or her
	470	+	8 employment or otherwise not required to report for duty for a
	471	+	9 period of 14 or more consecutive days immediately prior to the
	472	+	10 date of contraction of COVID-19. For the purposes of
	473	+	11 determining when a fireman contracted COVID-19 under this
	474	+	12 paragraph, the date of contraction is either the date that the
	475	+	13 fireman was diagnosed with COVID-19 or was unable to work due
	476	+	14 to symptoms that were later diagnosed as COVID-19, whichever
	477	+	15 occurred first.
	478	+	16 (b) The changes made to this Section by this amendatory
	479	+	17 Act of the 92nd General Assembly apply without regard to
	480	+	18 whether the deceased fireman was in service on or after the
	481	+	19 effective date of this amendatory Act. In the case of a widow
	482	+	20 receiving an annuity under this Section that has been reduced
	483	+	21 to 40% of current salary because the fireman, had he lived,
	484	+	22 would have attained the age prescribed for compulsory
	485	+	23 retirement, the annuity shall be restored to the amount
	486	+	24 provided in subsection (a), with the increase beginning to
	487	+	25 accrue on the later of January 1, 2001 or the day the annuity
	488	+	26 first became payable.
	489	+
	490	+
	491	+
	492	+
	493	+
	494	+	HB5104 Enrolled - 14 - LRB103 38081 RPS 68213 b
	495	+
	496	+
	497	+	HB5104 Enrolled- 15 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 15 - LRB103 38081 RPS 68213 b
	498	+	HB5104 Enrolled - 15 - LRB103 38081 RPS 68213 b
	499	+	1 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
	500	+	2 (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
	501	+	3 Sec. 6-150. Death benefit.
	502	+	4 (a) Effective January 1, 1962, an ordinary death benefit
	503	+	5 shall be payable on account of any fireman in service and in
	504	+	6 receipt of salary on or after such date, which benefit shall be
	505	+	7 in addition to all other annuities and benefits herein
	506	+	8 provided. This benefit shall be payable upon death of a
	507	+	9 fireman:
	508	+	10 (1) occurring in active service while in receipt of
	509	+	11 salary;
	510	+	12 (2) on an authorized and approved leave of absence,
	511	+	13 without salary, beginning on or after January 1, 1962, if
	512	+	14 the death occurs within 60 days from the date the fireman
	513	+	15 was in receipt of salary;
	514	+	16 (3) receiving duty, occupational disease, or ordinary
	515	+	17 disability benefit;
	516	+	18 (4) occurring within 60 days from the date of
	517	+	19 termination of duty disability, occupational disease
	518	+	20 disability or ordinary disability benefit payments if
	519	+	21 re-entry into service had not occurred; or
	520	+	22 (5) occurring on retirement and while in receipt of an
	521	+	23 age and service annuity, prior service annuity, Tier 2
	522	+	24 monthly retirement annuity, or minimum annuity; provided
	523	+	25 (a) retirement on such annuity occurred on or after
	524	+
	525	+
	526	+
	527	+
	528	+
	529	+	HB5104 Enrolled - 15 - LRB103 38081 RPS 68213 b
	530	+
	531	+
	532	+	HB5104 Enrolled- 16 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 16 - LRB103 38081 RPS 68213 b
	533	+	HB5104 Enrolled - 16 - LRB103 38081 RPS 68213 b
	534	+	1 January 1, 1962, and (b) such separation from service was
	535	+	2 effective on or after the fireman's attainment of age 50,
	536	+	3 and (c) application for such annuity was made within 60
	537	+	4 days after separation from service.
	538	+	5 (b) The ordinary death benefit shall be payable to such
	539	+	6 beneficiary or beneficiaries as the fireman has nominated by
	540	+	7 written direction duly signed and acknowledged before an
	541	+	8 officer authorized to take acknowledgments, and filed with the
	542	+	9 board. If no such written direction has been filed or if the
	543	+	10 designated beneficiaries do not survive the fireman, payment
	544	+	11 of the benefit shall be made to his estate.
	545	+	12 (c) Beginning July 1, 1983, if death occurs prior to
	546	+	13 retirement on annuity and before the fireman's attainment of
	547	+	14 age 50, the amount of the benefit payable shall be $12,000.
	548	+	15 Beginning July 1, 1983, if death occurs prior to retirement,
	549	+	16 at age 50 or over, the benefit of $12,000 shall be reduced $400
	550	+	17 for each year (commencing on the fireman's attainment of age
	551	+	18 50 and thereafter on each succeeding birth date) that the
	552	+	19 fireman's age, at date of death, is more than age 49, but in no
	553	+	20 event below the amount of $6,000.
	554	+	21 Beginning July 1, 1983, if the fireman's death occurs
	555	+	22 while he is in receipt of an annuity, the benefit shall be
	556	+	23 $6,000.
	557	+	24 (d) For the purposes of this Section only, the death of any
	558	+	25 fireman as a result of the exposure to and contraction of
	559	+	26 COVID-19, as evidenced by either (i) a confirmed positive
	560	+
	561	+
	562	+
	563	+
	564	+
	565	+	HB5104 Enrolled - 16 - LRB103 38081 RPS 68213 b
	566	+
	567	+
	568	+	HB5104 Enrolled- 17 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 17 - LRB103 38081 RPS 68213 b
	569	+	HB5104 Enrolled - 17 - LRB103 38081 RPS 68213 b
	570	+	1 laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
	571	+	2 confirmed diagnosis of COVID-19 from a licensed medical
	572	+	3 professional, shall be rebuttably presumed to have been
	573	+	4 contracted while in the performance of an act or acts of duty
	574	+	5 and the fireman shall be rebuttably presumed to have been
	575	+	6 fatally injured while in active service. The presumption shall
	576	+	7 apply to any fireman who was exposed to and contracted
	577	+	8 COVID-19 on or after March 9, 2020 and on or before January 31,
	578	+	9 2022 June 30, 2021 (including the period between December 31,
	579	+	10 2020 and the effective date of this amendatory Act of the 101st
	580	+	11 General Assembly); except that the presumption shall not apply
	581	+	12 if the fireman was on a leave of absence from his or her
	582	+	13 employment or otherwise not required to report for duty for a
	583	+	14 period of 14 or more consecutive days immediately prior to the
	584	+	15 date of contraction of COVID-19. For the purposes of
	585	+	16 determining when a fireman contracted COVID-19 under this
	586	+	17 subsection, the date of contraction is either the date that
	587	+	18 the fireman was diagnosed with COVID-19 or was unable to work
	588	+	19 due to symptoms that were later diagnosed as COVID-19,
	589	+	20 whichever occurred first.
	590	+	21 (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
	591	+	22 (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
	592	+	23 Sec. 6-151. An active fireman who is or becomes disabled
	593	+	24 on or after the effective date as the result of a specific
	594	+	25 injury, or of cumulative injuries, or of specific sickness
	595	+
	596	+
	597	+
	598	+
	599	+
	600	+	HB5104 Enrolled - 17 - LRB103 38081 RPS 68213 b
	601	+
	602	+
	603	+	HB5104 Enrolled- 18 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 18 - LRB103 38081 RPS 68213 b
	604	+	HB5104 Enrolled - 18 - LRB103 38081 RPS 68213 b
	605	+	1 incurred in or resulting from an act or acts of duty, shall
	606	+	2 have the right to receive duty disability benefit during any
	607	+	3 period of such disability for which he does not receive or have
	608	+	4 a right to receive salary, equal to 75% of his salary at the
	609	+	5 time the disability is allowed. However, beginning January 1,
	610	+	6 1994, no duty disability benefit that has been payable under
	611	+	7 this Section for at least 10 years shall be less than 50% of
	612	+	8 the current salary attached from time to time to the rank and
	613	+	9 grade held by the fireman at the time of his removal from the
	614	+	10 Department payroll, regardless of whether that removal
	615	+	11 occurred before the effective date of this amendatory Act of
	616	+	12 1993.
	617	+	13 Whenever an active fireman is or becomes so injured or
	618	+	14 sick, as to require medical or hospital attention, the chief
	619	+	15 officer of the fire department of the city shall file, or cause
	620	+	16 to be filed, with the board a report of the nature and cause of
	621	+	17 his disability, together with the certificate or report of the
	622	+	18 physician attending or treating, or who attended or treated
	623	+	19 the fireman, and a copy of any hospital record concerning the
	624	+	20 disability. Any injury or sickness not reported to the board
	625	+	21 in time to permit the board's physician to examine the fireman
	626	+	22 before his recovery, and any injury or sickness for which a
	627	+	23 physician's report or copy of the hospital record is not on
	628	+	24 file with the board shall not be considered for the payment of
	629	+	25 duty disability benefit.
	630	+	26 Such fireman shall also receive a child's disability
	631	+
	632	+
	633	+
	634	+
	635	+
	636	+	HB5104 Enrolled - 18 - LRB103 38081 RPS 68213 b
	637	+
	638	+
	639	+	HB5104 Enrolled- 19 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 19 - LRB103 38081 RPS 68213 b
	640	+	HB5104 Enrolled - 19 - LRB103 38081 RPS 68213 b
	641	+	1 benefit of $30 per month on account of each unmarried child,
	642	+	2 the issue of the fireman or legally adopted by him, who is less
	643	+	3 than 18 years of age or handicapped and dependent upon the
	644	+	4 fireman for support. The total amount of child's disability
	645	+	5 benefit shall not exceed 25% of his salary at the time the
	646	+	6 disability is allowed.
	647	+	7 The first payment of duty disability or child's disability
	648	+	8 benefit shall be made not later than one month after the
	649	+	9 benefit is granted. Each subsequent payment shall be made not
	650	+	10 later than one month after the date of the latest payment.
	651	+	11 Duty disability benefit shall be payable during the period
	652	+	12 of the disability until the fireman reaches the age of
	653	+	13 compulsory retirement. Child's disability benefit shall be
	654	+	14 paid to such a fireman during the period of disability until
	655	+	15 such child or children attain age 18 or marries, whichever
	656	+	16 event occurs first; except that attainment of age 18 by a child
	657	+	17 who is so physically or mentally handicapped as to be
	658	+	18 dependent upon the fireman for support, shall not render the
	659	+	19 child ineligible for child's disability benefit. The fireman
	660	+	20 shall thereafter receive such annuity or annuities as are
	661	+	21 provided for him in accordance with other provisions of this
	662	+	22 Article.
	663	+	23 For the purposes of this Section only, any fireman who
	664	+	24 becomes disabled as a result of exposure to and contraction of
	665	+	25 COVID-19, as evidenced by either a confirmed positive
	666	+	26 laboratory test for COVID-19 or COVID-19 antibodies or a
	667	+
	668	+
	669	+
	670	+
	671	+
	672	+	HB5104 Enrolled - 19 - LRB103 38081 RPS 68213 b
	673	+
	674	+
	675	+	HB5104 Enrolled- 20 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 20 - LRB103 38081 RPS 68213 b
	676	+	HB5104 Enrolled - 20 - LRB103 38081 RPS 68213 b
	677	+	1 confirmed diagnosis of COVID-19 from a licensed medical
	678	+	2 professional shall:
	679	+	3 (1) be rebuttably presumed to have contracted COVID-19
	680	+	4 while in the performance of an act or acts of duty;
	681	+	5 (2) be rebuttably presumed to have been injured while
	682	+	6 in the performance of an act or acts of duty; and
	683	+	7 (3) be entitled to receive a duty disability benefit
	684	+	8 during any period of such disability for which the fireman
	685	+	9 does not have a right to receive salary, in an amount equal
	686	+	10 to 75% of the fireman's salary, as salary is defined in
	687	+	11 this Article, at the time the disability is allowed, in
	688	+	12 accordance with this Section.
	689	+	13 The presumption shall apply to any fireman who was exposed
	690	+	14 to and contracted COVID-19 on or after March 9, 2020 and on or
	691	+	15 before January 31, 2022 June 30, 2021; except that the
	692	+	16 presumption shall not apply if the fireman was on a leave of
	693	+	17 absence from his or her employment or otherwise not required
	694	+	18 to report for duty for a period of 14 or more consecutive days
	695	+	19 immediately prior to the date of contraction of COVID-19. For
	696	+	20 the purposes of determining when a fireman contracted COVID-19
	697	+	21 under this paragraph, the date of contraction is either the
	698	+	22 date that the fireman was diagnosed with COVID-19 or was
	699	+	23 unable to work due to symptoms that were later diagnosed as
	700	+	24 COVID-19, whichever occurred first.
	701	+	25 It is the intent of the General Assembly that the change
	702	+	26 made by this amendatory Act shall apply retroactively to March
	703	+
	704	+
	705	+
	706	+
	707	+
	708	+	HB5104 Enrolled - 20 - LRB103 38081 RPS 68213 b
	709	+
	710	+
	711	+	HB5104 Enrolled- 21 -LRB103 38081 RPS 68213 b HB5104 Enrolled - 21 - LRB103 38081 RPS 68213 b
	712	+	HB5104 Enrolled - 21 - LRB103 38081 RPS 68213 b
	713	+	1 9, 2020, and any fireman who has been previously denied a duty
	714	+	2 disability benefit that would otherwise be entitled to duty
	715	+	3 disability benefit under this Section shall be entitled to
	716	+	4 retroactive benefits and duty disability benefit.
	717	+	5 (Source: P.A. 103-2, eff. 5-10-23.)
	718	+	6 Section 90. The State Mandates Act is amended by adding
	719	+	7 Section 8.48 as follows:
	720	+	8 (30 ILCS 805/8.48 new)
	721	+	9 Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
	722	+	10 8 of this Act, no reimbursement by the State is required for
	723	+	11 the implementation of any mandate created by this amendatory
	724	+	12 Act of the 103rd General Assembly.
	725	+
	726	+
	727	+
	728	+
	729	+
	730	+	HB5104 Enrolled - 21 - LRB103 38081 RPS 68213 b