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Public Act 102-0806
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| HB5295 Enrolled | LRB102 23444 RPS 32616 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by |
changing Sections 5-157 and 5-212 as follows:
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(40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
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Sec. 5-157. Administration of disability benefits.
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(a) If a policeman who is granted duty or ordinary |
disability benefit
refuses to submit to examination by a |
physician appointed by the board, he
shall have no further |
right to receive the benefit.
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(b) A policeman who has withdrawn from service while |
disabled and
entered upon annuity prior to the effective date, |
and who has thereafter been
reinstated as a policeman, shall |
have no right to ordinary disability
benefit in excess of the |
amount previously received unless he serves at
least one year |
after such reinstatement. This provision shall apply
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throughout the duration of any disability incurred by the |
policeman within
one year after his reinstatement resulting |
from any cause other than injury
incurred in the performance |
of an act of duty.
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(c) Until the effective date of this amendatory Act of the
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92nd General Assembly, a policeman who assumes regular |
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employment
for compensation, while in receipt of ordinary or |
duty disability benefits,
shall not be entitled to receive any |
amount of such disability benefits which,
when added to his |
compensation for such employment during disability, would
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exceed 150% of the rate of salary which would be paid to him if |
he were working
in his regularly appointed civil service |
position as a policeman. The changes
made to this Section by |
Public Act 90-766 are not limited to persons in service on or |
after the effective
date of that Act.
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Beginning on the effective date of this amendatory Act of |
the 92nd
General Assembly, the reduction of disability |
benefits due to compensation for
employment previously imposed |
under this subsection (c) no longer applies to
any person |
receiving a disability benefit under this Article, without |
regard to
whether the person is in service on or after that |
date. The removal of this
limitation by this amendatory Act is |
not retroactive and does not entitle any
person to the |
restoration of amounts previously reduced or withheld under |
this
subsection.
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(d) Disability benefit shall not be paid for any part of |
time for which
a disabled policeman shall receive any part of |
his salary.
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(e) Except as herein otherwise provided, disability |
benefit shall not
be paid for any disability based upon or |
caused by any mental or physical
defect which the policeman |
had at the time he entered the police service.
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(f) Disability benefit shall not be allowed to any |
policeman who
re-enters the public service in any capacity |
where his salary is payable in
whole or in part by taxes levied |
upon taxable property in the city in which
this Article is in |
effect, or out of special revenues of any department of the
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city. The disability benefit shall be suspended during the |
period he is in
the public service for compensation, and shall |
be resumed when he withdraws
from such service.
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(g) If a policeman receives any compensation as temporary |
total disability, permanent total disability, a lump sum |
settlement award, or other payment under the Workers' |
Compensation Act or the Workers' Occupational Diseases Act as |
a result of the policeman's secondary employment for any |
injury resulting in disability, any disability benefit |
provided to the policeman for such disability under this |
Article shall be reduced by any compensation amount so |
received, if that compensation amount is less than the amount |
of the disability benefit. If the amount received as |
compensation exceeds the amount of the disability benefit, the |
policeman shall not receive the disability benefit until the |
disability benefit payable equals the amount of the |
compensation received without consideration of interest. The |
calculation of compensation received by the policeman as |
provided in this Section shall not take into consideration any |
benefits received under the Line of Duty Compensation Act. |
If the widow, child or children, or parent or parents of a |
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policeman, or any of these persons, receives any compensation |
under the Workers' Compensation Act or the Workers' |
Occupational Diseases Act as a result of the policeman's |
secondary employment for any injury resulting in the |
policeman's death, the annuities provided under this Article |
for those beneficiaries shall be reduced by any compensation |
amount so received, if that compensation amount is less than |
the amount of the annuities. If the amount received as |
compensation exceeds the amount of the annuities for the |
widow, child or children, or parent or parents, the annuities |
shall not be payable until the accumulated value of the |
annuities equals the amount of the compensation received |
without consideration of interest. In making the adjustment, |
the annuity to the widow shall first be reduced. The |
calculation of compensation received by the widow, child or |
children, or parent or parents of a policeman, or any of these |
persons, as provided in this Section shall not take into |
consideration any benefits received under the Line of Duty |
Compensation Act or the Public Safety Officers Benefits Act of |
1976, 34 U.S.C. 10281 et seq. |
(h) (g) Any disability benefit paid in violation of this |
Section or of this
Article shall be construed to have been paid |
in error, and the amounts so
paid shall be charged as a debit |
in the account of any person to whom the
same was paid and |
shall be deducted from any moneys thereafter payable to
such |
person out of this fund, or to the widow, heirs or estate of |
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such
person.
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(Source: P.A. 92-52, eff. 7-12-01.)
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(40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
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Sec. 5-212. Computation of service. In computing the |
service rendered by a policeman prior to the
effective date, |
the following periods shall be counted, in addition to
all |
periods during where he performed the duties of his position, |
as
periods of service for annuity purposes only: all periods |
of (a)
vacation; (b) leave of absence with whole or part pay; |
(c) leave of
absence without pay on account of disability; and |
(d) leave of absence
during which the policeman was engaged in |
the military or naval service
of the United States of America. |
Service credit shall not be allowed for
a policeman in receipt |
of a pension on account of disability from any
pension fund |
superseded by this fund.
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In computing the service rendered by a policeman on or |
after the
effective date, the following periods shall be |
counted, in addition to
all periods during which he performed |
the duties of his position, as
periods of service for annuity |
purposes only: all periods of (a)
vacation; (b) leave of |
absence with whole or part pay; (c) leave of
absence during |
which the policeman was engaged in the military or naval
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service of the United States of America; (d) time that the |
policeman was
engaged in the military or naval service of the |
United States of
America, during which he was passed over on |
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any eligible list posted
from an entrance examination, due to |
the fact that he was in such
military or naval service at the |
time he was called for appointment to
the Police Department, |
to be computed from the date he was passed over
on any eligible |
list and would have been first sworn in as a policeman
had he |
not been engaged in the military or naval service of the United
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States of America, until the date of his discharge from such |
military or
naval service; provided that such policeman shall |
pay into this Fund the
same amount that would have been |
deducted from his salary had he been a
policeman during the |
aforementioned portion of such military or naval
service; (e) |
disability for which the policeman receives any disability
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benefit or compensation under the Workers' Compensation Act or |
the Workers' Occupational Diseases Act; (f) disability for |
which the policeman receives whole or
part pay; (g) service |
for which credits and creditable service have
been transferred |
to this Fund under Section 9-121.1, 14-105.1 or 15-134.3
of |
this Code; and (h) periods of service in the military, naval, |
or air forces of the United States entered upon before |
beginning service as an active policeman of a municipality as |
provided in Section 5-214.3.
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In computing service on or after the effective date for |
ordinary
disability benefit, all periods described in the |
preceding paragraph,
except any such period for which a |
policeman receives ordinary
disability benefit, shall be |
counted as periods of service.
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In computing service for any of the purposes of this |
Article, no
credit shall be given for any period during which a |
policeman was not
rendering active service because of his |
discharge from the service,
unless proceedings to test the |
legality of the discharge are filed in a
court of competent |
jurisdiction within one year from the date of
discharge and a |
final judgment is entered therein declaring the
discharge |
illegal.
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No overtime or extra service shall be included in |
computing service
of a policeman and not more than one year or |
a fractional part thereof
of service shall be allowed for |
service rendered during any calendar
year.
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In computing service for any of the purposes of this |
Article, credit
shall be given for any periods during which a
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policeman who is a member of the General Assembly is on leave |
of absence or is
otherwise authorized to be absent from duty to |
enable him or her to perform
legislative duties, |
notwithstanding any reduction in salary for such periods
and |
notwithstanding that the contributions paid by the policeman |
were based on
a reduced salary rather than the full amount of |
salary attached to his or her
career service rank.
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(Source: P.A. 96-1260, eff. 7-23-10.)
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Section 90. The State Mandates Act is amended by adding |
Section 8.46 as follows:
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