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Public Act 103-0929 | ||||
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AN ACT concerning local government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 10-1-47 and 10-2.1-24 and by adding Sections | ||||
10-1-18.3 and 10-2.1-17.5 as follows: | ||||
(65 ILCS 5/10-1-18.3 new) | ||||
Sec. 10-1-18.3. Disability as a cause for discharge; | ||||
prohibited. A physical or mental disability that constitutes, | ||||
in whole or in part, the basis of an application for benefits | ||||
under Article 3 of the Illinois Pension Code may not be used, | ||||
in whole or in part, as a cause for a municipality to discharge | ||||
a police officer. | ||||
(65 ILCS 5/10-1-47) (from Ch. 24, par. 10-1-47) | ||||
Sec. 10-1-47. An employee who has been on disability leave | ||||
or military leave granted by the commission and who wishes to | ||||
return to active duty in his certified position shall be | ||||
credited with seniority for the period of such leave and, if | ||||
otherwise qualified, shall be reinstated to his certified | ||||
position at the rank or grade held at the start of the leave, | ||||
not more than 60 days after his written request for | ||||
reinstatement is filed with the commission. Such request shall |
be filed not more than 30 days after termination of the | ||
disability or military or naval service. | ||
Upon the chief of the police department's receipt of a | ||
certification under Section 3-116 of the Illinois Pension Code | ||
that a police officer is no longer disabled and is able to | ||
resume the duties of his or her position, the police officer | ||
shall report to the chief of the police department. The chief | ||
of the police department shall thereupon order immediate | ||
reinstatement into active service, and the municipality shall | ||
immediately return the police officer to its payroll, in the | ||
same rank or grade held at the date he or she was placed on a | ||
disability pension under Article 3 of the Illinois Pension | ||
Code. | ||
(Source: Laws 1963, p. 1116.) | ||
(65 ILCS 5/10-2.1-17.5 new) | ||
Sec. 10-2.1-17.5. Disability as a cause for discharge; | ||
prohibited. A physical or mental disability that constitutes, | ||
in whole or in part, the basis of an application for benefits | ||
under Article 3 of the Illinois Pension Code may not be used, | ||
in whole or in part, as a cause for a municipality to discharge | ||
a police officer. | ||
(65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24) | ||
Sec. 10-2.1-24. Return to active duty. A person who has | ||
been on disability or military leave granted by the board and |
who wishes to return to active duty in his certified position | ||
shall be credited with seniority for the period of such leave | ||
and, if otherwise qualified, shall be reinstated to his | ||
certified position at the rank or grade held at the start of | ||
the leave, not more than 60 days after his written request for | ||
reinstatement is filed with the board. Such request shall be | ||
filed not more than 30 days after termination of the | ||
disability or military or naval service. | ||
Upon receipt of a certification under Section 3-116 of the | ||
Illinois Pension Code that a police officer is no longer | ||
disabled and is able to resume the duties of his or her | ||
position, the police officer shall then report to the chief of | ||
the police department. The chief of the police department | ||
shall thereupon order immediate reinstatement into active | ||
service, and the municipality shall immediately return the | ||
police officer to its payroll, in the same rank or grade held | ||
at the date he or she was placed on a disability pension under | ||
Article 3 of the Illinois Pension Code. | ||
(Source: Laws 1965, p. 2840 .) |