Illinois 2025-2026 Regular Session

Illinois House Bill HB1307 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1307 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: 40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.340 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.140 ILCS 5/7-150 from Ch. 108 1/2, par. 7-15040 ILCS 5/7-156 from Ch. 108 1/2, par. 7-15630 ILCS 805/8.49 new Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that if a full-time firefighter or firefighter/paramedic employed by a city, village, incorporated town, or township that meets certain requirements is not eligible to participate in a retirement fund created under the Downstate Firefighters Article of the Code, then he or she is eligible to participate, as a sheriff's law enforcement employee, under the IMRF Article of the Code. Specifies survivor and occupational disease disability benefits that are available to the qualifying firefighters. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07406 RPS 17447 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1307 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: 40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.340 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.140 ILCS 5/7-150 from Ch. 108 1/2, par. 7-15040 ILCS 5/7-156 from Ch. 108 1/2, par. 7-15630 ILCS 805/8.49 new 40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3 40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 40 ILCS 5/7-156 from Ch. 108 1/2, par. 7-156 30 ILCS 805/8.49 new Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that if a full-time firefighter or firefighter/paramedic employed by a city, village, incorporated town, or township that meets certain requirements is not eligible to participate in a retirement fund created under the Downstate Firefighters Article of the Code, then he or she is eligible to participate, as a sheriff's law enforcement employee, under the IMRF Article of the Code. Specifies survivor and occupational disease disability benefits that are available to the qualifying firefighters. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07406 RPS 17447 b LRB104 07406 RPS 17447 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1307 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.340 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.140 ILCS 5/7-150 from Ch. 108 1/2, par. 7-15040 ILCS 5/7-156 from Ch. 108 1/2, par. 7-15630 ILCS 805/8.49 new 40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3 40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 40 ILCS 5/7-156 from Ch. 108 1/2, par. 7-156 30 ILCS 805/8.49 new
4	4	40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3
5	5	40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1
6	6	40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
7	7	40 ILCS 5/7-156 from Ch. 108 1/2, par. 7-156
8	8	30 ILCS 805/8.49 new
9	9	Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that if a full-time firefighter or firefighter/paramedic employed by a city, village, incorporated town, or township that meets certain requirements is not eligible to participate in a retirement fund created under the Downstate Firefighters Article of the Code, then he or she is eligible to participate, as a sheriff's law enforcement employee, under the IMRF Article of the Code. Specifies survivor and occupational disease disability benefits that are available to the qualifying firefighters. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
10	10	LRB104 07406 RPS 17447 b LRB104 07406 RPS 17447 b
11	11	LRB104 07406 RPS 17447 b
12	12	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
13	13	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
14	14	A BILL FOR
15	15	HB1307LRB104 07406 RPS 17447 b HB1307 LRB104 07406 RPS 17447 b
16	16	HB1307 LRB104 07406 RPS 17447 b
17	17	1 AN ACT concerning public employee benefits.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Illinois Pension Code is amended by
21	21	5 changing Sections 7-109.3, 7-142.1, 7-150, and 7-156 as
22	22	6 follows:
23	23	7 (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
24	24	8 Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
25	25	9 (a) "Sheriff's law enforcement employee" or "SLEP" means:
26	26	10 (1) A county sheriff and all deputies, other than
27	27	11 special deputies, employed on a full time basis in the
28	28	12 office of the sheriff.
29	29	13 (2) A person who has elected to participate in this
30	30	14 Fund under Section 3-109.1 of this Code, and who is
31	31	15 employed by a participating municipality to perform police
32	32	16 duties.
33	33	17 (3) A law enforcement officer employed on a full time
34	34	18 basis by a Forest Preserve District, provided that such
35	35	19 officer shall be deemed a "sheriff's law enforcement
36	36	20 employee" for the purposes of this Article, and service in
37	37	21 that capacity shall be deemed to be service as a sheriff's
38	38	22 law enforcement employee, only if the board of
39	39	23 commissioners of the District have so elected by adoption
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43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1307 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
44	44	40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.340 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.140 ILCS 5/7-150 from Ch. 108 1/2, par. 7-15040 ILCS 5/7-156 from Ch. 108 1/2, par. 7-15630 ILCS 805/8.49 new 40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3 40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 40 ILCS 5/7-156 from Ch. 108 1/2, par. 7-156 30 ILCS 805/8.49 new
45	45	40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3
46	46	40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1
47	47	40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
48	48	40 ILCS 5/7-156 from Ch. 108 1/2, par. 7-156
49	49	30 ILCS 805/8.49 new
50	50	Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that if a full-time firefighter or firefighter/paramedic employed by a city, village, incorporated town, or township that meets certain requirements is not eligible to participate in a retirement fund created under the Downstate Firefighters Article of the Code, then he or she is eligible to participate, as a sheriff's law enforcement employee, under the IMRF Article of the Code. Specifies survivor and occupational disease disability benefits that are available to the qualifying firefighters. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
51	51	LRB104 07406 RPS 17447 b LRB104 07406 RPS 17447 b
52	52	LRB104 07406 RPS 17447 b
53	53	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
54	54	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
55	55	A BILL FOR
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61	61	40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3
62	62	40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1
63	63	40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
64	64	40 ILCS 5/7-156 from Ch. 108 1/2, par. 7-156
65	65	30 ILCS 805/8.49 new
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71	71	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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88	88	1 of an affirmative resolution. Such election, once made,
89	89	2 may not be rescinded.
90	90	3 (4) A person not eligible to participate in a fund
91	91	4 established under Article 3 of this Code who is employed
92	92	5 on a full-time basis by a participating municipality or
93	93	6 participating instrumentality to perform police duties at
94	94	7 an airport, but only if the governing authority of the
95	95	8 employer has approved sheriff's law enforcement employee
96	96	9 status for its airport police employees by adoption of an
97	97	10 affirmative resolution. Such approval, once given, may not
98	98	11 be rescinded.
99	99	12 (5) A person first hired on or after January 1, 2011
100	100	13 who (i) is employed by a participating municipality that
101	101	14 has both 30 or more full-time police officers and 50 or
102	102	15 more full-time firefighters and has not established a fund
103	103	16 under Article 3 or Article 4 of this Code and (ii) is
104	104	17 employed on a full-time basis by that participating
105	105	18 municipality to perform police duties or firefighting and
106	106	19 EMS duties; but only if the governing authority of that
107	107	20 municipality has approved sheriff's law enforcement
108	108	21 employee status for its police officer or firefighter
109	109	22 employees by adoption of an affirmative resolution. The
110	110	23 resolution must specify that SLEP status shall be
111	111	24 applicable to such employment occurring on or after the
112	112	25 adoption of the resolution. Such resolution shall be
113	113	26 irrevocable, but shall automatically terminate upon the
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124	124	1 establishment of an Article 3 or 4 fund by the
125	125	2 municipality.
126	126	3 (6) Any full-time firefighter or firefighter/paramedic
127	127	4 employed by a city, village, incorporated town, or
128	128	5 township that has a population of less than 5,000
129	129	6 inhabitants, is located in a county of more than 1,000,000
130	130	7 inhabitants, and employs 40 or more full-time paid
131	131	8 firefighters or firefighter/paramedics who are subject to
132	132	9 a collective bargaining agreement, provided that such a
133	133	10 person is not eligible to participate in a fund
134	134	11 established under Article 4 of this Code.
135	135	12 (b) An employee who is a sheriff's law enforcement
136	136	13 employee and is granted military leave or authorized leave of
137	137	14 absence shall receive service credit in that capacity.
138	138	15 Sheriff's law enforcement employees shall not be entitled to
139	139	16 out-of-State service credit under Section 7-139.
140	140	17 (Source: P.A. 100-354, eff. 8-25-17; 100-1097, eff. 8-26-18.)
141	141	18 (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
142	142	19 Sec. 7-142.1. Sheriff's law enforcement employees.
143	143	20 (a) In lieu of the retirement annuity provided by
144	144	21 subparagraph 1 of paragraph (a) of Section 7-142:
145	145	22 Any sheriff's law enforcement employee who has 20 or more
146	146	23 years of service in that capacity and who terminates service
147	147	24 prior to January 1, 1988 shall be entitled at his option to
148	148	25 receive a monthly retirement annuity for his service as a
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159	159	1 sheriff's law enforcement employee computed by multiplying 2%
160	160	2 for each year of such service up to 10 years, 2 1/4% for each
161	161	3 year of such service above 10 years and up to 20 years, and 2
162	162	4 1/2% for each year of such service above 20 years, by his
163	163	5 annual final rate of earnings and dividing by 12.
164	164	6 Any sheriff's law enforcement employee who has 20 or more
165	165	7 years of service in that capacity and who terminates service
166	166	8 on or after January 1, 1988 and before July 1, 2004 shall be
167	167	9 entitled at his option to receive a monthly retirement annuity
168	168	10 for his service as a sheriff's law enforcement employee
169	169	11 computed by multiplying 2.5% for each year of such service up
170	170	12 to 20 years, 2% for each year of such service above 20 years
171	171	13 and up to 30 years, and 1% for each year of such service above
172	172	14 30 years, by his annual final rate of earnings and dividing by
173	173	15 12.
174	174	16 Any sheriff's law enforcement employee who has 20 or more
175	175	17 years of service in that capacity and who terminates service
176	176	18 on or after July 1, 2004 shall be entitled at his or her option
177	177	19 to receive a monthly retirement annuity for service as a
178	178	20 sheriff's law enforcement employee computed by multiplying
179	179	21 2.5% for each year of such service by his annual final rate of
180	180	22 earnings and dividing by 12.
181	181	23 If a sheriff's law enforcement employee has service in any
182	182	24 other capacity, his retirement annuity for service as a
183	183	25 sheriff's law enforcement employee may be computed under this
184	184	26 Section and the retirement annuity for his other service under
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195	195	1 Section 7-142.
196	196	2 In no case shall the total monthly retirement annuity for
197	197	3 persons who retire before July 1, 2004 exceed 75% of the
198	198	4 monthly final rate of earnings. In no case shall the total
199	199	5 monthly retirement annuity for persons who retire on or after
200	200	6 July 1, 2004 exceed 80% of the monthly final rate of earnings.
201	201	7 (b) Whenever continued group insurance coverage is elected
202	202	8 in accordance with the provisions of Section 367h of the
203	203	9 Illinois Insurance Code, as now or hereafter amended, the
204	204	10 total monthly premium for such continued group insurance
205	205	11 coverage or such portion thereof as is not paid by the
206	206	12 municipality shall, upon request of the person electing such
207	207	13 continued group insurance coverage, be deducted from any
208	208	14 monthly pension benefit otherwise payable to such person
209	209	15 pursuant to this Section, to be remitted by the Fund to the
210	210	16 insurance company or other entity providing the group
211	211	17 insurance coverage.
212	212	18 (c) A sheriff's law enforcement employee who began service
213	213	19 in that capacity prior to the effective date of this
214	214	20 amendatory Act of the 97th General Assembly and who has
215	215	21 service in any other capacity may convert up to 10 years of
216	216	22 that service into service as a sheriff's law enforcement
217	217	23 employee by paying to the Fund an amount equal to (1) the
218	218	24 additional employee contribution required under Section
219	219	25 7-173.1, plus (2) the additional employer contribution
220	220	26 required under Section 7-172, plus (3) interest on items (1)
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231	231	1 and (2) at the prescribed rate from the date of the service to
232	232	2 the date of payment. Application must be received by the Board
233	233	3 while the employee is an active participant in the Fund.
234	234	4 Payment must be received while the member is an active
235	235	5 participant, except that one payment will be permitted after
236	236	6 termination of participation.
237	237	7 (d) The changes to subsections (a) and (b) of this Section
238	238	8 made by this amendatory Act of the 94th General Assembly apply
239	239	9 only to persons in service on or after July 1, 2004. In the
240	240	10 case of such a person who begins to receive a retirement
241	241	11 annuity before the effective date of this amendatory Act of
242	242	12 the 94th General Assembly, the annuity shall be recalculated
243	243	13 prospectively to reflect those changes, with the resulting
244	244	14 increase beginning to accrue on the first annuity payment date
245	245	15 following the effective date of this amendatory Act.
246	246	16 (e) Any elected county officer who was entitled to receive
247	247	17 a stipend from the State on or after July 1, 2009 and on or
248	248	18 before June 30, 2010 may establish earnings credit for the
249	249	19 amount of stipend not received, if the elected county official
250	250	20 applies in writing to the fund within 6 months after the
251	251	21 effective date of this amendatory Act of the 96th General
252	252	22 Assembly and pays to the fund an amount equal to (i) employee
253	253	23 contributions on the amount of stipend not received, (ii)
254	254	24 employer contributions determined by the Board equal to the
255	255	25 employer's normal cost of the benefit on the amount of stipend
256	256	26 not received, plus (iii) interest on items (i) and (ii) at the
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267	267	1 actuarially assumed rate.
268	268	2 (f) Notwithstanding any other provision of this Article,
269	269	3 the provisions of this subsection (f) apply to a person who
270	270	4 first becomes a sheriff's law enforcement employee under this
271	271	5 Article on or after January 1, 2011, except any person
272	272	6 employed as a firefighter or firefighter/paramedic before
273	273	7 January 1, 2011, who, after that date, first becomes a
274	274	8 sheriff's law enforcement employee under this Article by
275	275	9 operation of paragraph (6) of subsection (a) of Section
276	276	10 7-109.3.
277	277	11 A sheriff's law enforcement employee age 55 or more who
278	278	12 has 10 or more years of service in that capacity shall be
279	279	13 entitled at his option to receive a monthly retirement annuity
280	280	14 for his or her service as a sheriff's law enforcement employee
281	281	15 computed by multiplying 2.5% for each year of such service by
282	282	16 his or her final rate of earnings.
283	283	17 The retirement annuity of a sheriff's law enforcement
284	284	18 employee who is retiring after attaining age 50 with 10 or more
285	285	19 years of creditable service shall be reduced by one-half of 1%
286	286	20 for each month that the sheriff's law enforcement employee's
287	287	21 age is under age 55.
288	288	22 The maximum retirement annuity under this subsection (f)
289	289	23 shall be 75% of final rate of earnings.
290	290	24 For the purposes of this subsection (f), "final rate of
291	291	25 earnings" means the average monthly earnings obtained by
292	292	26 dividing the total salary of the sheriff's law enforcement
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303	303	1 employee during the 96 consecutive months of service within
304	304	2 the last 120 months of service in which the total earnings was
305	305	3 the highest by the number of months of service in that period.
306	306	4 Notwithstanding any other provision of this Article,
307	307	5 beginning on January 1, 2011, for all purposes under this Code
308	308	6 (including without limitation the calculation of benefits and
309	309	7 employee contributions), except with regard to any person
310	310	8 employed as a firefighter or firefighter/paramedic before
311	311	9 January 1, 2011, who, after that date, first becomes a
312	312	10 sheriff's law enforcement employee under this Article by
313	313	11 operation of paragraph (6) of subsection (a) of Section
314	314	12 7-109.3, the annual earnings of a sheriff's law enforcement
315	315	13 employee to whom this Section applies shall not include
316	316	14 overtime and shall not exceed $106,800; however, that amount
317	317	15 shall annually thereafter be increased by the lesser of (i) 3%
318	318	16 of that amount, including all previous adjustments, or (ii)
319	319	17 one-half the annual unadjusted percentage increase (but not
320	320	18 less than zero) in the consumer price index-u for the 12 months
321	321	19 ending with the September preceding each November 1, including
322	322	20 all previous adjustments.
323	323	21 (g) Notwithstanding any other provision of this Article,
324	324	22 the monthly annuity of a person who first becomes a sheriff's
325	325	23 law enforcement employee under this Article on or after
326	326	24 January 1, 2011, except any person employed as a firefighter
327	327	25 or firefighter/paramedic before January 1, 2011, who, after
328	328	26 that date, first becomes a sheriff's law enforcement employee
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339	339	1 under this Article by operation of paragraph (6) of subsection
340	340	2 (a) of Section 7-109.3, shall be increased on the January 1
341	341	3 occurring either on or after the attainment of age 60 or the
342	342	4 first anniversary of the annuity start date, whichever is
343	343	5 later. Each annual increase shall be calculated at 3% or
344	344	6 one-half the annual unadjusted percentage increase (but not
345	345	7 less than zero) in the consumer price index-u for the 12 months
346	346	8 ending with the September preceding each November 1, whichever
347	347	9 is less, of the originally granted retirement annuity. If the
348	348	10 annual unadjusted percentage change in the consumer price
349	349	11 index-u for a 12-month period ending in September is zero or,
350	350	12 when compared with the preceding period, decreases, then the
351	351	13 annuity shall not be increased.
352	352	14 (h) Notwithstanding any other provision of this Article,
353	353	15 for a person who first becomes a sheriff's law enforcement
354	354	16 employee under this Article on or after January 1, 2011,
355	355	17 except any person employed as a firefighter or
356	356	18 firefighter/paramedic before January 1, 2011, who, after that
357	357	19 date, first becomes a sheriff's law enforcement employee under
358	358	20 this Article by operation of paragraph (6) of subsection (a)
359	359	21 of Section 7-109.3, the annuity to which the surviving spouse,
360	360	22 children, or parents are entitled under this subsection (h)
361	361	23 shall be in the amount of 66 2/3% of the sheriff's law
362	362	24 enforcement employee's earned annuity at the date of death.
363	363	25 (i) Notwithstanding any other provision of this Article,
364	364	26 the monthly annuity of a survivor of a person who first becomes
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375	375	1 a sheriff's law enforcement employee under this Article on or
376	376	2 after January 1, 2011, except any person employed as a
377	377	3 firefighter or firefighter/paramedic before January 1, 2011,
378	378	4 who, after that date, first becomes a sheriff's law
379	379	5 enforcement employee under this Article by operation of
380	380	6 paragraph (6) of subsection (a) of Section 7-109.3, shall be
381	381	7 increased on the January 1 after attainment of age 60 by the
382	382	8 recipient of the survivor's annuity and each January 1
383	383	9 thereafter by 3% or one-half the annual unadjusted percentage
384	384	10 increase in the consumer price index-u for the 12 months
385	385	11 ending with the September preceding each November 1, whichever
386	386	12 is less, of the originally granted pension. If the annual
387	387	13 unadjusted percentage change in the consumer price index-u for
388	388	14 a 12-month period ending in September is zero or, when
389	389	15 compared with the preceding period, decreases, then the
390	390	16 annuity shall not be increased.
391	391	17 (j) For the purposes of this Section, "consumer price
392	392	18 index-u" means the index published by the Bureau of Labor
393	393	19 Statistics of the United States Department of Labor that
394	394	20 measures the average change in prices of goods and services
395	395	21 purchased by all urban consumers, United States city average,
396	396	22 all items, 1982-84 = 100. The new amount resulting from each
397	397	23 annual adjustment shall be determined by the Public Pension
398	398	24 Division of the Department of Insurance and made available to
399	399	25 the boards of the pension funds.
400	400	26 (Source: P.A. 100-148, eff. 8-18-17.)
401	401
402	402
403	403
404	404
405	405
406	406	HB1307 - 10 - LRB104 07406 RPS 17447 b
407	407
408	408
409	409	HB1307- 11 -LRB104 07406 RPS 17447 b HB1307 - 11 - LRB104 07406 RPS 17447 b
410	410	HB1307 - 11 - LRB104 07406 RPS 17447 b
411	411	1 (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
412	412	2 Sec. 7-150. Total and permanent disability benefits -
413	413	3 Eligibility. Total and permanent disability benefits shall be
414	414	4 payable to participating employees as hereinafter provided,
415	415	5 including those employees receiving disability benefit on July
416	416	6 1, 1962.
417	417	7 (a) A participating employee shall be considered totally
418	418	8 and permanently disabled if:
419	419	9 1. He is unable to engage in any gainful activity
420	420	10 because of any medically determinable physical or mental
421	421	11 impairment which can be expected to result in death or be
422	422	12 of a long continued and indefinite duration, other than as
423	423	13 a result of self-inflicted injury or addiction to narcotic
424	424	14 drugs;
425	425	15 2. The Board has received a written certification by
426	426	16 at least 1 licensed and practicing physician stating that
427	427	17 the employee meets the qualifications of subparagraph 1 of
428	428	18 this paragraph (a).
429	429	19 (b) A totally and permanently disabled employee is
430	430	20 entitled to a permanent disability benefit provided:
431	431	21 1. He has exhausted his temporary disability benefits.
432	432	22 2. He:
433	433	23 (i) has at least one year of service immediately
434	434	24 preceding the date the disability was incurred and has
435	435	25 made contributions to the fund for at least the number
436	436
437	437
438	438
439	439
440	440
441	441	HB1307 - 11 - LRB104 07406 RPS 17447 b
442	442
443	443
444	444	HB1307- 12 -LRB104 07406 RPS 17447 b HB1307 - 12 - LRB104 07406 RPS 17447 b
445	445	HB1307 - 12 - LRB104 07406 RPS 17447 b
446	446	1 of months of service normally required in his position
447	447	2 during a 12 month period, or has at least 5 years of
448	448	3 service credit, the last year of which immediately
449	449	4 preceded the date the disability was incurred; or
450	450	5 (ii) had qualified under clause (i) above, but had
451	451	6 an interruption in service of not more than 3 months in
452	452	7 the 12 months preceding the date the temporary
453	453	8 disability was incurred and was not paid a separation
454	454	9 benefit; or
455	455	10 (iii) had qualified under clause (i) above, but
456	456	11 had an interruption after 20 or more years of
457	457	12 creditable service, was not paid a separation benefit,
458	458	13 and returned to service prior to the date the
459	459	14 disability was incurred.
460	460	15 Item (iii) of this subdivision shall apply to all
461	461	16 employees whose disabilities were incurred on or after
462	462	17 July 1, 1985, and any such employee who becomes eligible
463	463	18 for a disability benefit under item (iii) shall be
464	464	19 entitled to receive a lump sum payment of any accumulated
465	465	20 disability benefits which may accrue from the date the
466	466	21 disability was incurred until the effective date of this
467	467	22 amendatory Act of 1987.
468	468	23 Periods of qualified leave granted in compliance with
469	469	24 the federal Family and Medical Leave Act shall be ignored
470	470	25 for purposes of determining the number of consecutive
471	471	26 months of employment under this subdivision (b)2.
472	472
473	473
474	474
475	475
476	476
477	477	HB1307 - 12 - LRB104 07406 RPS 17447 b
478	478
479	479
480	480	HB1307- 13 -LRB104 07406 RPS 17447 b HB1307 - 13 - LRB104 07406 RPS 17447 b
481	481	HB1307 - 13 - LRB104 07406 RPS 17447 b
482	482	1 3. He is receiving no earnings from a participating
483	483	2 municipality or instrumentality thereof or participating
484	484	3 instrumentality, except as allowed under subsection (f) of
485	485	4 Section 7-152.
486	486	5 4. He has not refused to submit to a reasonable
487	487	6 physical examination by a physician appointed by the
488	488	7 Board.
489	489	8 5. His disability is not the result of a mental or
490	490	9 physical condition which existed on the earliest date of
491	491	10 service from which he has uninterrupted service, including
492	492	11 prior service, at the date of his disability, provided
493	493	12 that this limitation shall not be applicable to a
494	494	13 participating employee who, without receiving a disability
495	495	14 benefit, receives 5 years of creditable service.
496	496	15 6. He is not separated from the service of his
497	497	16 employing participating municipality or instrumentality
498	498	17 thereof or participating instrumentality on the date his
499	499	18 temporary disability was incurred; for the purposes of
500	500	19 payment of total and permanent disability benefits, a
501	501	20 participating employee, whose employment relationship is
502	502	21 terminated by his employing municipality, shall be deemed
503	503	22 not to be separated from the service of his employing
504	504	23 municipality or participating instrumentality if he
505	505	24 continues disabled by the same condition and so long as he
506	506	25 is otherwise entitled to such disability benefit.
507	507	26 7. He has not refused to apply for a disability
508	508
509	509
510	510
511	511
512	512
513	513	HB1307 - 13 - LRB104 07406 RPS 17447 b
514	514
515	515
516	516	HB1307- 14 -LRB104 07406 RPS 17447 b HB1307 - 14 - LRB104 07406 RPS 17447 b
517	517	HB1307 - 14 - LRB104 07406 RPS 17447 b
518	518	1 benefit under the Federal Social Security Act at the
519	519	2 request of the Board.
520	520	3 8. He has not failed or refused to consent to and sign
521	521	4 an authorization allowing the Board to receive copies of
522	522	5 or to examine his medical and hospital records.
523	523	6 9. He has not failed or refused to provide complete
524	524	7 information regarding any other employment for
525	525	8 compensation he has received since becoming disabled.
526	526	9 (c) A participating employee shall remain eligible and may
527	527	10 make application for a total and permanent disability benefit
528	528	11 within 90 days after the termination of his temporary
529	529	12 disability benefits or within such longer period terminating
530	530	13 at the end of the period during which his employing
531	531	14 municipality is prevented from employing him by reason of any
532	532	15 statutory prohibition.
533	533	16 (d) Notwithstanding any other provision of this Article, a
534	534	17 firefighter or firefighter/paramedic who participates under
535	535	18 this Article, has 5 or more years of creditable service, and is
536	536	19 found unable to perform his or her duties in the fire
537	537	20 department by reason of heart disease, stroke, tuberculosis,
538	538	21 or any disease of the lungs or respiratory tract, resulting
539	539	22 from service as a firefighter, is entitled to an occupational
540	540	23 disease disability pension during any period of such
541	541	24 disability for which he or she has no right to receive salary.
542	542	25 Any active firefighter or firefighter/paramedic who
543	543	26 participates under this Article, has completed 5 or more years
544	544
545	545
546	546
547	547
548	548
549	549	HB1307 - 14 - LRB104 07406 RPS 17447 b
550	550
551	551
552	552	HB1307- 15 -LRB104 07406 RPS 17447 b HB1307 - 15 - LRB104 07406 RPS 17447 b
553	553	HB1307 - 15 - LRB104 07406 RPS 17447 b
554	554	1 of service, and is unable to perform his or her duties in the
555	555	2 fire department by reason of a disabling cancer, which
556	556	3 develops or manifests itself during a period while the
557	557	4 firefighter or firefighter/paramedic is in the service of the
558	558	5 fire department, shall be entitled to receive an occupational
559	559	6 disease disability benefit during any period of such
560	560	7 disability for which he or she does not have a right to receive
561	561	8 salary. In order to receive this occupational disease
562	562	9 disability benefit, (i) the type of cancer involved must be a
563	563	10 type that may be caused by exposure to heat, radiation, or a
564	564	11 known carcinogen, as defined by the International Agency for
565	565	12 Research on Cancer, and (ii) the cancer must (and is
566	566	13 rebuttably presumed to) arise as a result of service as a
567	567	14 firefighter.
568	568	15 A firefighter or firefighter/paramedic who participates
569	569	16 under this Article and who enters the service after August 27,
570	570	17 1971 shall be examined by one or more practicing physicians
571	571	18 appointed by the Board. If the examination discloses
572	572	19 impairment of the heart, lungs, or respiratory tract, or the
573	573	20 existence of any cancer, the firefighter or
574	574	21 firefighter/paramedic who participates under this Article
575	575	22 shall not be entitled to the occupational disease disability
576	576	23 pension unless and until a subsequent examination reveals no
577	577	24 such impairment or cancer.
578	578	25 The occupational disease disability pension shall be equal
579	579	26 to the greater of (1) 65% of the salary attached to the rank
580	580
581	581
582	582
583	583
584	584
585	585	HB1307 - 15 - LRB104 07406 RPS 17447 b
586	586
587	587
588	588	HB1307- 16 -LRB104 07406 RPS 17447 b HB1307 - 16 - LRB104 07406 RPS 17447 b
589	589	HB1307 - 16 - LRB104 07406 RPS 17447 b
590	590	1 held by the firefighter in the fire service at the time of his
591	591	2 or her removal from the municipality's fire department payroll
592	592	3 or (2) the retirement pension that the firefighter or
593	593	4 firefighter/paramedic would be eligible to receive if he or
594	594	5 she retired (but not including any automatic annual increase
595	595	6 in that retirement pension).
596	596	7 The firefighter or firefighter/paramedic who participates
597	597	8 under this Article is also entitled to a child's disability
598	598	9 benefit of $20 a month for each natural or legally adopted
599	599	10 unmarried child less than age 18 who is dependent upon the
600	600	11 firefighter or firefighter/paramedic for support. The total
601	601	12 child's disability benefit when added to the occupational
602	602	13 disease disability pension shall not exceed 75% of the
603	603	14 firefighter's or firefighter/paramedic's salary at the time of
604	604	15 the grant of occupational disease disability pension.
605	605	16 The occupational disease disability pension is payable to
606	606	17 the firefighter or firefighter/paramedic during the period of
607	607	18 the disability. If the disability ceases before the death of
608	608	19 the firefighter or firefighter/paramedic, the disability
609	609	20 pension payable under this Section shall also cease, and the
610	610	21 firefighter or firefighter/paramedic thereafter shall receive
611	611	22 such pension benefits as are provided in accordance with other
612	612	23 provisions of this Article.
613	613	24 If a firefighter or firefighter/paramedic who participates
614	614	25 under this Article dies while still disabled and receiving a
615	615	26 disability pension under this Section, the disability pension
616	616
617	617
618	618
619	619
620	620
621	621	HB1307 - 16 - LRB104 07406 RPS 17447 b
622	622
623	623
624	624	HB1307- 17 -LRB104 07406 RPS 17447 b HB1307 - 17 - LRB104 07406 RPS 17447 b
625	625	HB1307 - 17 - LRB104 07406 RPS 17447 b
626	626	1 shall continue to be paid to the firefighter's or
627	627	2 firefighter/paramedic's survivors. A pension previously
628	628	3 granted under this Section to a firefighter or
629	629	4 firefighter/paramedic who died while receiving a disability
630	630	5 pension under this Section shall be deemed to be a
631	631	6 continuation of the pension provided under this Section and
632	632	7 shall be deemed to be in the nature of worker's occupational
633	633	8 disease compensation payments. The changes to this Section
634	634	9 made by this amendatory Act of the 104th General Assembly are
635	635	10 intended to be retroactive and are not limited to persons in
636	636	11 service on or after the effective date of this amendatory Act
637	637	12 of the 104th General Assembly.
638	638	13 The child's disability benefit shall terminate if the
639	639	14 disability ceases while the firefighter or
640	640	15 firefighter/paramedic is alive or when the child or children
641	641	16 attain age 18 or marry, whichever event occurs first, except
642	642	17 that benefits payable on account of a child under this Section
643	643	18 shall not be reduced or terminated by reason of the child's
644	644	19 attainment of age 18 if he or she is then dependent by reason
645	645	20 of a physical or mental disability but shall continue to be
646	646	21 paid as long as such dependency continues. Individuals over
647	647	22 the age of 18 and adjudged as a disabled person pursuant to
648	648	23 Article XIa of the Probate Act of 1975, except for persons
649	649	24 receiving benefits under Article III of the Illinois Public
650	650	25 Aid Code, shall be eligible to receive benefits under this
651	651	26 Act.
652	652
653	653
654	654
655	655
656	656
657	657	HB1307 - 17 - LRB104 07406 RPS 17447 b
658	658
659	659
660	660	HB1307- 18 -LRB104 07406 RPS 17447 b HB1307 - 18 - LRB104 07406 RPS 17447 b
661	661	HB1307 - 18 - LRB104 07406 RPS 17447 b
662	662	1 (Source: P.A. 101-151, eff. 7-26-19.)
663	663	2 (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
664	664	3 Sec. 7-156. Surviving spouse annuities - amount.
665	665	4 (a) The amount of surviving spouse annuity shall be:
666	666	5 1. Upon the death of an employee annuitant or such person
667	667	6 entitled, upon application, to a retirement annuity at date of
668	668	7 death, (i) an amount equal to 50% for a Tier 1 regular employee
669	669	8 or 66 2/3% for a Tier 2 regular employee of the retirement
670	670	9 annuity which was or would have been payable exclusive of the
671	671	10 amount so payable which was provided from additional credits,
672	672	11 and disregarding any election made under paragraph (b) of
673	673	12 Section 7-142, plus (ii) an annuity which could be provided at
674	674	13 the then attained age of the surviving spouse and under
675	675	14 actuarial tables then in effect, from the excess of the
676	676	15 additional credits, (excluding any such credits used to create
677	677	16 a reversionary annuity) used to provide the annuity granted
678	678	17 pursuant to paragraph (a) (2) of Section 7-142 of this article
679	679	18 over the total annuity payments made pursuant thereto.
680	680	19 2. Upon the death of a participating employee on or after
681	681	20 attainment of age 55, an amount equal to 50% for a Tier 1
682	682	21 regular employee or 66 2/3% for a Tier 2 regular employee of
683	683	22 the retirement annuity which he could have had as of the date
684	684	23 of death had he then retired and applied for annuity,
685	685	24 exclusive of the portion thereof which could have been
686	686	25 provided from additional credits, and disregarding paragraph
687	687
688	688
689	689
690	690
691	691
692	692	HB1307 - 18 - LRB104 07406 RPS 17447 b
693	693
694	694
695	695	HB1307- 19 -LRB104 07406 RPS 17447 b HB1307 - 19 - LRB104 07406 RPS 17447 b
696	696	HB1307 - 19 - LRB104 07406 RPS 17447 b
697	697	1 (b) of Section 7-142, plus an amount equal to the annuity which
698	698	2 could be provided from the total of his accumulated additional
699	699	3 credits at date of death, on the basis of the attained age of
700	700	4 the surviving spouse on such date.
701	701	5 3. Upon the death of a participating employee before age
702	702	6 55, an amount equal to 50% for a Tier 1 regular employee or 66
703	703	7 2/3% for a Tier 2 regular employee of the retirement annuity
704	704	8 which he could have had as of his attained age on the date of
705	705	9 death, had he then retired and applied for annuity, and the
706	706	10 provisions of this Article that no such annuity shall begin
707	707	11 until the employee has attained at least age 55 were not
708	708	12 applicable, exclusive of the portion thereof which could have
709	709	13 been provided from additional credits and disregarding
710	710	14 paragraph (b) of Section 7-142, plus an amount equal to the
711	711	15 annuity which could be provided from the total of his
712	712	16 accumulated additional credits at date of death, on the basis
713	713	17 of the attained age of the surviving spouse on such date.
714	714	18 In the case of the surviving spouse of a person who dies
715	715	19 before June 1, 2006 (the effective date of Public Act 94-712),
716	716	20 if the surviving spouse is more than 5 years younger than the
717	717	21 deceased, that portion of the annuity which is not based on
718	718	22 additional credits shall be reduced in the ratio of the value
719	719	23 of a life annuity of $1 per year at an age of 5 years less than
720	720	24 the attained age of the deceased, at the earlier of the date of
721	721	25 the death or the date his retirement annuity begins, to the
722	722	26 value of a life annuity of $1 per year at the attained age of
723	723
724	724
725	725
726	726
727	727
728	728	HB1307 - 19 - LRB104 07406 RPS 17447 b
729	729
730	730
731	731	HB1307- 20 -LRB104 07406 RPS 17447 b HB1307 - 20 - LRB104 07406 RPS 17447 b
732	732	HB1307 - 20 - LRB104 07406 RPS 17447 b
733	733	1 the surviving spouse on such date, according to actuarial
734	734	2 tables approved by the Board. This reduction does not apply to
735	735	3 the surviving spouse of a person who dies on or after June 1,
736	736	4 2006 (the effective date of Public Act 94-712).
737	737	5 In computing the amount of a surviving spouse annuity,
738	738	6 incremental increases of retirement annuities to the date of
739	739	7 death of the employee annuitant shall be considered.
740	740	8 (b) If the employee was a Tier 1 regular employee, each
741	741	9 surviving spouse annuity payable on January 1, 1988 shall be
742	742	10 increased on that date by 3% of the original amount of the
743	743	11 annuity. Each surviving spouse annuity that begins after
744	744	12 January 1, 1988 shall be increased on the January 1 next
745	745	13 occurring after the annuity begins, by an amount equal to (i)
746	746	14 3% of the original amount thereof if the deceased employee was
747	747	15 receiving a retirement annuity at the time of his death;
748	748	16 otherwise (ii) 0.25% of the original amount thereof for each
749	749	17 complete month which has elapsed since the date the annuity
750	750	18 began.
751	751	19 On each January 1 after the date of the initial increase
752	752	20 under this subsection, each surviving spouse annuity shall be
753	753	21 increased by 3% of the originally granted amount of the
754	754	22 annuity.
755	755	23 (c) If the participating employee was a Tier 2 regular
756	756	24 employee, each surviving spouse annuity shall be increased (1)
757	757	25 on each January 1 occurring on or after the commencement of the
758	758	26 annuity if the deceased member died while receiving a
759	759
760	760
761	761
762	762
763	763
764	764	HB1307 - 20 - LRB104 07406 RPS 17447 b
765	765
766	766
767	767	HB1307- 21 -LRB104 07406 RPS 17447 b HB1307 - 21 - LRB104 07406 RPS 17447 b
768	768	HB1307 - 21 - LRB104 07406 RPS 17447 b
769	769	1 retirement annuity or (2) in other cases, on each January 1
770	770	2 occurring after the first anniversary of the commencement of
771	771	3 the annuity. Such annual increase shall be calculated at 3% or
772	772	4 one-half the annual unadjusted percentage increase (but not
773	773	5 less than zero) in the consumer price index-u for the 12 months
774	774	6 ending with the September preceding each November 1, whichever
775	775	7 is less, of the originally granted surviving spouse annuity.
776	776	8 If the annual unadjusted percentage change in the consumer
777	777	9 price index-u for the 12 months ending with the September
778	778	10 preceding each November 1 is zero or there is a decrease, then
779	779	11 the annuity shall not be increased.
780	780	12 (d) Notwithstanding any other provision of this Article,
781	781	13 the pension of the surviving spouse of a firefighter who
782	782	14 qualifies as a sheriff's law enforcement employee under
783	783	15 paragraph (6) of subsection (a) of Section 7-109.3 and dies on
784	784	16 or after January 1, 1988 as a result of sickness, accident, or
785	785	17 injury incurred in or resulting from the performance of an act
786	786	18 of duty or from the cumulative effects of acts of duty shall
787	787	19 not be less than 100% of the salary attached to the rank held
788	788	20 by the deceased firefighter on the last day of service.
789	789	21 (Source: P.A. 102-210, eff. 1-1-22.)
790	790	22 Section 90. The State Mandates Act is amended by adding
791	791	23 Section 8.49 as follows:
792	792	24 (30 ILCS 805/8.49 new)
793	793
794	794
795	795
796	796
797	797
798	798	HB1307 - 21 - LRB104 07406 RPS 17447 b
799	799
800	800
801	801	HB1307- 22 -LRB104 07406 RPS 17447 b HB1307 - 22 - LRB104 07406 RPS 17447 b
802	802	HB1307 - 22 - LRB104 07406 RPS 17447 b
803	803	1 Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
804	804	2 8 of this Act, no reimbursement by the State is required for
805	805	3 the implementation of any mandate created by this amendatory
806	806	4 Act of the 104th General Assembly.
807	807
808	808
809	809
810	810
811	811
812	812	HB1307 - 22 - LRB104 07406 RPS 17447 b