Illinois General Assembly

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 Bill Status of SB1553  95th General Assembly


Short Description:  PEN CD-ART 4-DETRMNATN OF DIS

Senate Sponsors
Sen. Michael W. Frerichs - Martin A. Sandoval - Rickey R. Hendon

House Sponsors
(Rep. Robert F. Flider - Michael P. McAuliffe - Mike Bost)

Last Action
DateChamber Action
  10/17/2007SenatePublic Act . . . . . . . . . 95-0681

Statutes Amended In Order of Appearance
40 ILCS 5/4-112from Ch. 108 1/2, par. 4-112
30 ILCS 805/8.31 new


Synopsis As Introduced
Amends the Downstate Firefighters Article of the Illinois Pension Code. Provides that the 3 physicians' opinions required for a determination of disability need not agree as to the existence of any disability or the nature and extent of a disability. Provides that no physical or mental disability that constitutes the basis of an application for benefits may be used by any municipality or fire protection district employing firefighters, emergency medical technicians, or paramedics as cause for discharge. Provides that the Board of Trustees' finding that a particular applicant is not or is no longer disabled shall constitute a conclusive presumption binding on the employing unit that the firefighter, emergency medical technician, or paramedic is able to perform his or her job and the employing entity may not use any conflicting medical opinion to provide the basis of denying return to employment by the firefighter, emergency medical technician, or paramedic. Requires the firefighter to report to the marshall or chief of the fire department, who shall order reinstatement into active service at the same rank or grade held on the date the firefighter had occupied before applying for disability pension. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Downstate Firefighters Article of the Illinois Pension Code. Provides that the 3 physicians' opinions required for a determination of disability need not agree as to the existence of any disability or the nature and extent of a disability. Provides that, upon termination of a disability pension by the board, the marshal or chief of the fire department shall order immediate reinstatement of the firefighter into active service, and the municipality shall immediately return the firefighter to its payroll, in the same rank or grade held at the date he or she was placed on disability pension. Provides that, if the firefighter must file a civil action against the municipality to enforce his or her mandated return to payroll, then the firefighter is entitled to recovery of reasonable court costs and attorney's fees. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Governor Amendatory Veto Message
Recommends that language providing that the 3 examining physicians selected by the board of the pension fund need not agree as to the existence of any disability or the nature and extent of a disability be deleted.

Actions 
DateChamber Action
  2/9/2007SenateFiled with Secretary by Sen. Michael W. Frerichs
  2/9/2007SenateFirst Reading
  2/9/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Pensions and Investments
  2/22/2007SenateAdded as Chief Co-Sponsor Sen. Martin A. Sandoval
  3/1/2007SenateDo Pass Pensions and Investments; 009-001-000
  3/1/2007SenatePlaced on Calendar Order of 2nd Reading March 2, 2007
  3/20/2007SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Michael W. Frerichs
  3/20/2007SenateSenate Floor Amendment No. 1 Referred to Rules
  3/21/2007SenateSenate Floor Amendment No. 1 Rules Refers to Pensions and Investments
  3/22/2007SenateSenate Floor Amendment No. 1 Postponed - Pensions and Investments
  3/28/2007SenateSenate Floor Amendment No. 1 Recommend Do Adopt Pensions and Investments; 007-003-000
  3/29/2007SenateSecond Reading
  3/29/2007SenateSenate Floor Amendment No. 1 Adopted; Frerichs
  3/29/2007SenatePlaced on Calendar Order of 3rd Reading March 30, 2007
  3/30/2007SenateAdded as Chief Co-Sponsor Sen. Rickey R. Hendon
  3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  4/20/2007SenateThird Reading - Passed; 039-014-002
  4/20/2007HouseArrived in House
  4/20/2007HousePlaced on Calendar Order of First Reading
  4/20/2007HouseChief House Sponsor Rep. Robert F. Flider
  4/20/2007HouseFirst Reading
  4/20/2007HouseReferred to Rules Committee
  4/30/2007HouseAssigned to Personnel and Pensions Committee
  5/17/2007HouseDo Pass / Short Debate Personnel and Pensions Committee; 003-000-002
  5/17/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2007HouseSecond Reading - Short Debate
  5/29/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Michael P. McAuliffe
  5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Mike Bost
  5/31/2007HouseThird Reading - Short Debate - Passed 084-032-000
  5/31/2007SenatePassed Both Houses
  6/29/2007SenateSent to the Governor
  8/28/2007SenateGovernor Amendatory Veto
  10/2/2007SenatePlaced on Calendar Amendatory Veto October 3, 2007
  10/2/2007SenateMotion Filed Override Amendatory Veto Sen. Michael W. Frerichs
  10/10/2007Senate3/5 Vote Required
  10/10/2007SenateOverride Amendatory Veto - Senate Passed 036-014-004
  10/10/2007HousePlaced on Calendar Amendatory Veto October 10, 2007
  10/10/2007HouseMotion Filed Override Amendatory Veto Rep. Robert F. Flider
  10/11/2007House3/5 Vote Required
  10/11/2007HouseOverride Amendatory Veto - House Passed 083-028-000
  10/11/2007SenateAmendatory Veto Overridden Both Houses
  10/17/2007SenateEffective Date October 11, 2007
  10/17/2007SenatePublic Act . . . . . . . . . 95-0681

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