Bill Text: IL HB4321 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Establishes a presumption that a firefighter or police officer who becomes disabled as a result of exposure to and contraction of COVID-19 was injured in the line of duty and is entitled to receive a duty disability benefit under the applicable Article of the Code. Specifies that the changes made by the amendatory Act apply retroactively to March 9, 2020, and any police officer or firefighter who has been previously denied a duty disability benefit that would otherwise be entitled to a duty disability benefit under the amendatory Act shall be entitled to a retroactive duty disability benefit. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Engrossed) 2024-04-30 - Chief Senate Sponsor Sen. Patrick J. Joyce [HB4321 Detail]

Download: Illinois-2023-HB4321-Engrossed.html

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AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by
changing Sections 3-114.1 and 4-110 as follows:
(40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
Sec. 3-114.1. Disability pension; line pension - Line of
duty.
(a) If a police officer as the result of sickness,
accident or injury incurred in or resulting from the
performance of an act of duty, is found to be physically or
mentally disabled for service in the police department, so as
to render necessary his or her suspension or retirement from
the police service, the police officer shall be entitled to a
disability retirement pension equal to the greatest of (1) 65%
of the salary attached to the rank on the police force held by
the officer at the date of suspension of duty or retirement,
(2) the retirement pension that the police officer would be
eligible to receive if he or she retired (but not including any
automatic annual increase in that retirement pension), or (3)
the pension provided under subsection (d), if applicable.
A police officer shall be considered "on duty" while on
any assignment approved by the chief of the police department

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of the municipality he or she serves, whether the assignment
is within or outside the municipality.
(b) If a police officer on disability pension dies while
still disabled, the disability pension shall continue to be
paid to his or her survivors in the sequence provided in
Section 3-112.
(c) From and after July 1, 1987, any pension payable under
this Section shall be at least $400 per month, without regard
to the fact that the disability or death of the police officer
occurred prior to that date. If the minimum pension
established in Section 3-113.1 is greater than the minimum
provided in this Section, the Section 3-113.1 minimum
controls.
(d) A disabled police officer who (1) is receiving a
pension under this Section on the effective date of this
amendatory Act of the 91st General Assembly, (2) files with
the Fund, within 30 days after that effective date and
annually thereafter while the pension remains payable, a
written application for the benefits of this subsection,
including an affidavit stating that the applicant has not
earned any income from gainful employment during the most
recently concluded tax year and a copy of his or her most
recent Illinois income tax return, (3) has service credit in
the Fund for at least 7 years of active duty, and (4) has been
receiving the pension under this Section for a period which,
when added to the officer's total service credit in the Fund,

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equals at least 20 years, shall be eligible to receive an
annual noncompounded increase in his or her pension under this
Section, equal to 3% of the original pension.
The Fund may take appropriate steps to verify the
applicant's disability and earnings status, and for this
purpose may request from the Department of Revenue a certified
copy of the applicant's Illinois income tax return for any
year for which a benefit under this Section is payable or has
been paid.
The annual increase shall accrue on each anniversary of
the initial pension payment date, for so long as the pension
remains payable to the disabled police officer and the
required annual application is made, except that the annual
increases under this subsection shall cease if the disabled
police officer earns income from gainful employment. Within 60
days after accepting an initial application under this
subsection, the Fund shall pay to the disabled police officer,
in a lump sum without interest, the amounts resulting from the
annual increases that have accrued retroactively.
This subsection is not limited to persons in active
service on or after its effective date, but it applies only to
a pension that is payable under this Section to a disabled
police officer (rather than a survivor). Upon the death of the
disabled police officer, the annuity payable under this
Section to his or her survivors shall include any annual
increases previously received, but no additional increases

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shall accrue under this subsection.
(e) For the purposes of this Section only, any police
officer who becomes disabled as a result of exposure to and
contraction of COVID-19, as evidenced by either a confirmed
positive laboratory test for COVID-19 or COVID-19 antibodies
or a confirmed diagnosis of COVID-19 from a licensed medical
professional, shall:
(1) be rebuttably presumed to have contracted COVID-19
while in the performance of an act or acts of duty;
(2) be rebuttably presumed to have been injured while
in the performance of an act or acts of duty; and
(3) be entitled to receive, at the time the disability
is allowed in accordance with Section 3-115, a disability
retirement pension under this Section during any period of
such disability for which the police officer does not have
a right to receive salary.
The presumption shall apply to any police officer who was
exposed to and contracted COVID-19 on or after March 9, 2020
and on or before June 30, 2021; except that the presumption
shall not apply if the police officer was on a leave of absence
from his or her employment or otherwise not required to report
for duty for a period of 14 or more consecutive days
immediately prior to the date of contraction of COVID-19. For
the purposes of determining when a police officer contracted
COVID-19 under this paragraph, the date of contraction is
either the date that the police officer was diagnosed with

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COVID-19 or was unable to work due to symptoms that were later
diagnosed as COVID-19, whichever occurred first.
It is the intent of the General Assembly that the change
made in this subsection (e) by this amendatory Act of the 103rd
General Assembly shall apply retroactively to March 9, 2020,
and any police officer who has been previously denied a
disability retirement pension under this Section who would
otherwise be entitled to a disability retirement pension under
this subsection (e) shall be entitled to retroactive benefits
and a disability retirement pension under this Section.
(Source: P.A. 91-939, eff. 2-1-01.)
(40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
Sec. 4-110. Disability pension; line pension - Line of
duty. If a firefighter, as the result of sickness, accident or
injury incurred in or resulting from the performance of an act
of duty or from the cumulative effects of acts of duty, is
found, pursuant to Section 4-112, to be physically or mentally
permanently disabled for service in the fire department, so as
to render necessary his or her being placed on disability
pension, the firefighter shall be entitled to a disability
pension equal to the greater of (1) 65% of the monthly salary
attached to the rank held by him or her in the fire department
at the date he or she is removed from the municipality's fire
department payroll or (2) the retirement pension that the
firefighter would be eligible to receive if he or she retired

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(but not including any automatic annual increase in that
retirement pension). A firefighter shall be considered "on
duty" while on any assignment approved by the chief of the fire
department, even though away from the municipality he or she
serves as a firefighter, if the assignment is related to the
fire protection service of the municipality.
Such firefighter shall also be entitled to a child's
disability benefit of $20 a month on account of each unmarried
child less than 18 years of age and dependent upon the
firefighter for support, either the issue of the firefighter
or legally adopted by him or her. The total amount of child's
disability benefit payable to the firefighter, when added to
his or her disability pension, shall not exceed 75% of the
amount of salary which the firefighter was receiving at the
date of retirement.
Benefits payable on account of a child under this Section
shall not be reduced or terminated by reason of the child's
attainment of age 18 if he or she is then dependent by reason
of a physical or mental disability but shall continue to be
paid as long as such dependency continues. Individuals over
the age of 18 and adjudged to be disabled persons pursuant to
Article XIa of the Probate Act of 1975, except for persons
receiving benefits under Article III of the Illinois Public
Aid Code, shall be eligible to receive benefits under this
Act.
If a firefighter dies while still disabled and receiving a

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disability pension under this Section, the disability pension
shall continue to be paid to the firefighter's survivors in
the sequence provided in Section 4-114. A pension previously
granted under Section 4-114 to a survivor of a firefighter who
died while receiving a disability pension under this Section
shall be deemed to be a continuation of the pension provided
under this Section and shall be deemed to be in the nature of
worker's compensation payments. The changes to this Section
made by this amendatory Act of 1995 are intended to be
retroactive and are not limited to persons in service on or
after its effective date.
For the purposes of this Section only, any firefighter who
becomes disabled as a result of exposure to and contraction of
COVID-19, as evidenced by either a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall:
(1) be rebuttably presumed to have contracted COVID-19
while in the performance of an act or acts of duty;
(2) be rebuttably presumed to have been injured while
in the performance of an act or acts of duty; and
(3) be entitled to receive, at the time the disability
is allowed in accordance with Section 4-112, a disability
pension under this Section during any period of such
disability for which the firefighter does not have a right
to receive salary.

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The presumption shall apply to any firefighter who was
exposed to and contracted COVID-19 on or after March 9, 2020
and on or before June 30, 2021; except that the presumption
shall not apply if the firefighter was on a leave of absence
from his or her employment or otherwise not required to report
for duty for a period of 14 or more consecutive days
immediately prior to the date of contraction of COVID-19. For
the purposes of determining when a firefighter contracted
COVID-19 under this paragraph, the date of contraction is
either the date that the firefighter was diagnosed with
COVID-19 or was unable to work due to symptoms that were later
diagnosed as COVID-19, whichever occurred first.
It is the intent of the General Assembly that the change
made by this amendatory Act of the 103rd General Assembly
shall apply retroactively to March 9, 2020, and any
firefighter who has been previously denied a disability
pension under this Section who would otherwise be entitled to
a disability pension under this Section shall be entitled to
retroactive benefits and a disability pension under this
Section.
(Source: P.A. 93-1090, eff. 3-11-05.)
Section 90. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)

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Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 103rd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.