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| Public Act 095-0681 |
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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 | ||||
Section 4-112 as follows:
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(40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
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Sec. 4-112. Determination of disability; restoration
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Restoration to active service; disability cannot constitute | ||||
cause for discharge. A disability pension shall not be paid | ||||
until disability
has been established by the board by | ||||
examinations
of the firefighter at pension fund expense by 3 | ||||
physicians selected
by the board and such other evidence as the | ||||
board deems
necessary. The 3 physicians selected by the board | ||||
need not agree as to the existence of any disability or the | ||||
nature and extent of a disability. Medical examination of a | ||||
firefighter
receiving a disability pension shall be made at | ||||
least once each year prior
to attainment of age 50 in order to | ||||
verify continuance of disability. No
examination shall be | ||||
required after age 50. No physical or mental disability that | ||||
constitutes, in whole or in part, the basis of an application | ||||
for benefits under this Article may be used, in whole or in | ||||
part, by any municipality or fire protection district employing | ||||
firefighters, emergency medical technicians, or paramedics as | ||||
cause for discharge.
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Upon satisfactory proof to the board that a firefighter on | ||
the disability
pension has recovered from disability, the board | ||
shall
terminate the
disability pension.
The firefighter shall | ||
report to the marshal or chief
of the fire department, who | ||
shall thereupon
order immediate reinstatement 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. If the | ||
firefighter must file a civil action against the municipality | ||
to enforce his or her mandated return to payroll under this | ||
paragraph, then the firefighter is entitled to recovery of | ||
reasonable court costs and attorney's fees.
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The firefighter shall be entitled to 10 days notice before
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any hearing or meeting of the board at which the question of | ||
his or her
disability is to be considered, and shall have the | ||
right to be present
at any such hearing or meeting, and to be | ||
represented by counsel; however,
the board shall not have any | ||
obligation to provide such fireman with counsel.
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(Source: P.A. 83-1528.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.31 as follows: | ||
(30 ILCS 805/8.31 new) | ||
Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 95th General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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