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Full Text of HB5232
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HB5232 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5232
Introduced 2/10/2026, by Rep. Angelica Guerrero-Cuellar
SYNOPSIS AS INTRODUCED:
40 ILCS 5/6-151.1
from Ch. 108 1/2, par. 6-151.1
30 ILCS 805/8.50 new
Amends the Chicago Firefighter Article of the Illinois Pension Code.
Provides that, if a fireman receiving an occupational disease disability
benefit dies on or after the effective date of the amendatory Act, the
fireman's surviving spouse may elect, in a manner prescribed by the Board
of the Fund, to receive the deceased fireman's occupational disease
disability benefit in lieu of the widow's annuity or Tier 2 surviving
spouse annuity, whichever is applicable. Provides that the surviving
spouse's eligibility for the deceased fireman's occupational disease
disability benefit shall be the same as the eligibility for the widow's
annuity or Tier 2 surviving spouse annuity, whichever is applicable.
Provides that the changes apply without regard to whether the deceased
fireman was in service on or after the effective date of the amendatory
Act. Amends the State Mandates Act to require implementation without
reimbursement.
LRB104 20213 RPS 33664 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
A BILL FOR
HB5232
LRB104 20213 RPS 33664 b
1
AN ACT concerning public employee benefits.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Pension Code is amended by
5
changing Section 6-151.1 as follows:
6
(40 ILCS 5/6-151.1)
(from Ch. 108 1/2, par. 6-151.1)
7
Sec. 6-151.1.
The General Assembly finds and declares that
8
service in the Fire Department requires that firemen, in times
9
of stress and danger, must perform unusual tasks; that by
10
reason of their occupation, firemen are subject to exposure to
11
great heat and to extreme cold in certain seasons while in
12
performance of their duties; that by reason of their
13
employment firemen are required to work in the midst of and are
14
subject to heavy smoke fumes and carcinogenic, poisonous,
15
toxic or chemical gases from fires; and that in the course of
16
their rescue and paramedic duties firemen are exposed to
17
disabling infectious diseases, including AIDS, hepatitis C,
18
and stroke. The General Assembly further finds and declares
19
that all the aforementioned conditions exist and arise out of
20
or in the course of such employment.
21
Any active fireman who has completed 7 or more years of
22
service and is unable to perform his duties in the Fire
23
Department by reason of heart disease, tuberculosis, breast
HB5232
- 2 -
LRB104 20213 RPS 33664 b
1
cancer, any disease of the lungs or respiratory tract, AIDS,
2
hepatitis C, stroke, or a contagious staph infection,
3
including methicillin-resistant Staphylococcus aureus (MRSA),
4
resulting from his service as a fireman, shall be entitled to
5
receive an occupational disease disability benefit during any
6
period of such disability for which he does not have a right to
7
receive salary.
8
Any active fireman who has completed 7 or more years of
9
service and is unable to perform his duties in the fire
10
department by reason of a disabling cancer, which develops or
11
manifests itself during a period while the fireman is in the
12
service of the department, shall be entitled to receive an
13
occupational disease disability benefit during any period of
14
such disability for which he does not have a right to receive
15
salary. In order to receive this occupational disease
16
disability benefit, the type of cancer involved must be a type
17
which may be caused by exposure to heat, radiation or a known
18
carcinogen as defined by the International Agency for Research
19
on Cancer.
20
Any fireman receiving a retirement annuity shall be
21
entitled to an occupational disease disability benefit under
22
this Section if the fireman (1) has not reached the age of
23
compulsory retirement, (2) has not been receiving a retirement
24
annuity for more than 5 years, and (3) has a condition that
25
would have qualified the fireman for an occupational disease
26
disability benefit under this Section if he or she was an
HB5232
- 3 -
LRB104 20213 RPS 33664 b
1
active fireman. A fireman who receives an occupational disease
2
disability benefit in accordance with this paragraph may not
3
receive a retirement annuity during the period in which he or
4
she receives an occupational disease disability benefit. The
5
occupational disease disability benefit shall terminate upon
6
the fireman reaching the age of compulsory retirement.
7
Any fireman who shall enter the service after the
8
effective date of this amendatory Act shall be examined by one
9
or more practicing physicians appointed by the Board, and if
10
that examination discloses impairment of the heart, lungs, or
11
respiratory tract, or the existence of AIDS, hepatitis C,
12
stroke, cancer, or a contagious staph infection, including
13
methicillin-resistant Staphylococcus aureus (MRSA), then the
14
fireman shall not be entitled to receive an occupational
15
disease disability benefit unless and until a subsequent
16
examination reveals no such impairment, AIDS, hepatitis C,
17
stroke, cancer, or contagious staph infection, including
18
methicillin-resistant Staphylococcus aureus (MRSA).
19
Notwithstanding any other provision of this Code to the
20
contrary, if a fireman receiving an occupational disease
21
disability benefit dies on or after the effective date of this
22
amendatory Act of the 104th General Assembly, the fireman's
23
surviving spouse may elect, in a manner prescribed by the
24
Board, to receive the deceased fireman's occupational disease
25
disability benefit in lieu of the widow's annuity or Tier 2
26
surviving spouse annuity, whichever is applicable. The
HB5232
- 4 -
LRB104 20213 RPS 33664 b
1
surviving spouse's eligibility for the deceased fireman's
2
occupational disease disability benefit shall be the same as
3
the eligibility for the widow's annuity or Tier 2 surviving
4
spouse annuity, whichever is applicable. Notwithstanding
5
Section 1-103.1, the changes made to this Section by this
6
amendatory Act of the 104th General Assembly apply without
7
regard to whether the deceased fireman was in service on or
8
after the effective date of this amendatory Act of the 104th
9
General Assembly.
10
The occupational disease disability benefit shall be 65%
11
of the fireman's salary at the time of his removal from the
12
Department payroll. However, beginning January 1, 1994, no
13
occupational disease disability benefit that has been payable
14
under this Section for at least 10 years shall be less than 50%
15
of the current salary attached from time to time to the rank
16
and grade held by the fireman at the time of his removal from
17
the Department payroll, regardless of whether that removal
18
occurred before the effective date of this amendatory Act of
19
1993.
20
Such fireman also shall have a right to receive child's
21
disability benefit of $30 per month on account of each
22
unmarried child who is less than 18 years of age or
23
handicapped, dependent upon the fireman for support, and
24
either the issue of the fireman or legally adopted by him. The
25
total amount of child's disability benefit payable to the
26
fireman, when added to his occupational disease disability
HB5232
- 5 -
LRB104 20213 RPS 33664 b
1
benefit, shall not exceed 75% of the amount of salary which he
2
was receiving at the time of the grant of occupational disease
3
disability benefit.
4
The first payment of occupational disease disability
5
benefit or child's disability benefit shall be made not later
6
than one month after the benefit is granted. Each subsequent
7
payment shall be made not later than one month after the date
8
of the latest payment.
9
Occupational disease disability benefit shall be payable
10
during the period of the disability until the fireman reaches
11
the age of compulsory retirement. Child's disability benefit
12
shall be paid to such a fireman during the period of disability
13
until such child or children attain age 18 or marry, whichever
14
event occurs first; except that attainment of age 18 by a child
15
who is so physically or mentally handicapped as to be
16
dependent upon the fireman for support, shall not render the
17
child ineligible for child's disability benefit. The fireman
18
thereafter shall receive such annuity or annuities as are
19
provided for him in accordance with other provisions of this
20
Article.
21
(Source: P.A. 104-284, eff. 8-15-25.)
22
Section 90.
The State Mandates Act is amended by adding
23
Section 8.50 as follows:
24
(30 ILCS 805/8.50 new)
HB5232
- 6 -
LRB104 20213 RPS 33664 b
1
Sec. 8.50.
Exempt mandate.
Notwithstanding Sections 6 and
2
8 of this Act, no reimbursement by the State is required for
3
the implementation of any mandate created by this amendatory
4
Act of the 104th General Assembly.
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