State of Illinois
90th General Assembly
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90_HB1244

      40 ILCS 5/22-307          from Ch. 108 1/2, par. 22-307
          Amends Article 22, Division 3 of the Pension Code.  Makes
      a technical change in a Section relating to benefits  for  an
      injured policeman or fireman.
                                                     LRB9004117EGfg
                                               LRB9004117EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 22-307.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Pension  Code  is amended by
 6    changing Section 22-307 as follows:
 7        (40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
 8        Sec. 22-307.  Common  law  or  statutory  rights  barred.
 9    Whenever  any city or village enacts an ordinance pursuant to
10    this Division, no common law or statutory  right  to  recover
11    damages  against  such  city  or  village for injury or death
12    sustained by any policeman or fireman while  engaged  in  the
13    line of his duty as such policeman or fireman, other than the
14    payment  of  the  allowances of money and of the medical care
15    and hospital treatment provided in such ordinance,  shall  be
16    available  to  any policeman or fireman who is covered by the
17    provisions  of  such  ordinance,  or  to  anyone  wholly   or
18    partially dependent upon such policeman or fireman, or to the
19    legal  representative  of  the  estate  of  such policeman or
20    fireman, or to anyone who  would  otherwise  be  entitled  to
21    recover damages for such injury or death.
22        If  any  action against such city or village to enforce a
23    common  law  or  statutory  right  to  recover  damages   for
24    negligently  causing  the injury or death of any policeman or
25    fireman, is pending, for trial or on appeal, at the time this
26    Division shall come in force or is so  pending  at  the  time
27    such  ordinance  is  enacted,  the  amount  of  any  award or
28    allowance of money made pursuant to such ordinance shall  not
29    be paid while such action is so pending and shall be reduced,
30    before  payment,  by  the  amount  of  any  judgment obtained
31    against such city or village in such pending action; or  such
                            -2-                LRB9004117EGfg
 1    allowance of money, if already paid, together with all moneys
 2    expended  pursuant  to  such  ordinance  for medical care and
 3    hospital expenses, may be  set  off  against  such  judgment,
 4    either  in  such  pending action or through other appropriate
 5    action by such city or village.
 6    (Source: Laws 1963, p. 161.)

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