Bill Text: IL HB1620 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that an active firefighter with 5 or more years of creditable service who is found unable to perform his or her duties in the fire department by reason of amyotrophic lateral sclerosis (ALS) resulting from service as a firefighter is entitled to an occupational disease disability pension during any period of such disability for which he or she has no right to receive salary. Amends the State Mandates Act to require implementation without reimbursement by the State.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-23 - Filed with the Clerk by Rep. Gregg Johnson [HB1620 Detail]
Download: Illinois-2025-HB1620-Introduced.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by | ||||||||||||||||||||||||||
5 | changing Section 4-110.1 as follows:
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6 | (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1) | ||||||||||||||||||||||||||
7 | Sec. 4-110.1. Occupational disease disability pension. | ||||||||||||||||||||||||||
8 | The General Assembly finds that service in the fire department | ||||||||||||||||||||||||||
9 | requires firefighters in times of stress and danger to perform | ||||||||||||||||||||||||||
10 | unusual tasks; that firefighters are subject to exposure to | ||||||||||||||||||||||||||
11 | extreme heat or extreme cold in certain seasons while | ||||||||||||||||||||||||||
12 | performing their duties; that they are required to work in the | ||||||||||||||||||||||||||
13 | midst of and are subject to heavy smoke fumes, and | ||||||||||||||||||||||||||
14 | carcinogenic, poisonous, toxic or chemical gases from fires; | ||||||||||||||||||||||||||
15 | and that these conditions exist and arise out of or in the | ||||||||||||||||||||||||||
16 | course of employment. | ||||||||||||||||||||||||||
17 | An active firefighter with 5 or more years of creditable | ||||||||||||||||||||||||||
18 | service who is found, pursuant to Section 4-112, unable to | ||||||||||||||||||||||||||
19 | perform his or her duties in the fire department by reason of | ||||||||||||||||||||||||||
20 | heart disease, stroke, tuberculosis, amyotrophic lateral | ||||||||||||||||||||||||||
21 | sclerosis (ALS), or any disease of the lungs or respiratory | ||||||||||||||||||||||||||
22 | tract, resulting from service as a firefighter, is entitled to | ||||||||||||||||||||||||||
23 | an occupational disease disability pension during any period |
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1 | of such disability for which he or she has no right to receive | ||||||
2 | salary. | ||||||
3 | Any active firefighter who has completed 5 or more years | ||||||
4 | of service and is unable to perform his or her duties in the | ||||||
5 | fire department by reason of a disabling cancer, which | ||||||
6 | develops or manifests itself during a period while the | ||||||
7 | firefighter is in the service of the fire department, shall be | ||||||
8 | entitled to receive an occupational disease disability benefit | ||||||
9 | during any period of such disability for which he or she does | ||||||
10 | not have a right to receive salary. In order to receive this | ||||||
11 | occupational disease disability benefit, (i) the type of | ||||||
12 | cancer involved must be a type which may be caused by exposure | ||||||
13 | to heat, radiation or a known carcinogen as defined by the | ||||||
14 | International Agency for Research on Cancer and (ii) the | ||||||
15 | cancer must (and is rebuttably presumed to) arise as a result | ||||||
16 | of service as a firefighter. | ||||||
17 | A firefighter who enters the service after August 27, 1971 | ||||||
18 | shall be examined by one or more practicing physicians | ||||||
19 | appointed by the board. If the examination discloses | ||||||
20 | impairment of the heart, lungs or respiratory tract, or the | ||||||
21 | existence of any cancer, the firefighter shall not be entitled | ||||||
22 | to the occupational disease disability pension unless and | ||||||
23 | until a subsequent examination reveals no such impairment or | ||||||
24 | cancer. | ||||||
25 | The occupational disease disability pension shall be equal | ||||||
26 | to the greater of (1) 65% of the salary attached to the rank |
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1 | held by the firefighter in the fire service at the time of his | ||||||
2 | or her removal from the municipality's fire department payroll | ||||||
3 | or (2) the retirement pension that the firefighter would be | ||||||
4 | eligible to receive if he or she retired (but not including any | ||||||
5 | automatic annual increase in that retirement pension). | ||||||
6 | The firefighter is also entitled to a child's disability | ||||||
7 | benefit of $20 a month for each natural or legally adopted | ||||||
8 | unmarried child less than age 18 dependent upon the | ||||||
9 | firefighter for support. The total child's disability benefit | ||||||
10 | when added to the occupational disease disability pension | ||||||
11 | shall not exceed 75% of the firefighter's salary at the time of | ||||||
12 | the grant of occupational disease disability pension. | ||||||
13 | The occupational disease disability pension is payable to | ||||||
14 | the firefighter during the period of the disability. If the | ||||||
15 | disability ceases before the death of the firefighter, the | ||||||
16 | disability pension payable under this Section shall also cease | ||||||
17 | and the firefighter thereafter shall receive such pension | ||||||
18 | benefits as are provided in accordance with other provisions | ||||||
19 | of this Article. | ||||||
20 | If a firefighter dies while still disabled and receiving a | ||||||
21 | disability pension under this Section, the disability pension | ||||||
22 | shall continue to be paid to the firefighter's survivors in | ||||||
23 | the sequence provided in Section 4-114. A pension previously | ||||||
24 | granted under Section 4-114 to a survivor of a firefighter who | ||||||
25 | died while receiving a disability pension under this Section | ||||||
26 | shall be deemed to be a continuation of the pension provided |
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1 | under this Section and shall be deemed to be in the nature of | ||||||
2 | worker's occupational disease compensation payments. The | ||||||
3 | changes to this Section made by this amendatory Act of 1995 are | ||||||
4 | intended to be retroactive and are not limited to persons in | ||||||
5 | service on or after its effective date. | ||||||
6 | The child's disability benefit shall terminate if the | ||||||
7 | disability ceases while the firefighter is alive or when the | ||||||
8 | child or children attain age 18 or marry, whichever event | ||||||
9 | occurs first, except that benefits payable on account of a | ||||||
10 | child under this Section shall not be reduced or terminated by | ||||||
11 | reason of the child's attainment of age 18 if he or she is then | ||||||
12 | dependent by reason of a physical or mental disability but | ||||||
13 | shall continue to be paid as long as such dependency | ||||||
14 | continues. Individuals over the age of 18 and adjudged as a | ||||||
15 | disabled person pursuant to Article XIa of the Probate Act of | ||||||
16 | 1975, except for persons receiving benefits under Article III | ||||||
17 | of the Illinois Public Aid Code, shall be eligible to receive | ||||||
18 | benefits under this Act. | ||||||
19 | (Source: P.A. 93-1090, eff. 3-11-05.)
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20 | Section 90. The State Mandates Act is amended by adding | ||||||
21 | Section 8.49 as follows:
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22 | (30 ILCS 805/8.49 new) | ||||||
23 | Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and | ||||||
24 | 8 of this Act, no reimbursement by the State is required for |
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