| ||||
| Public Act 096-1466 | ||||
| ||||
| ||||
AN ACT concerning public employee benefits.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Pension Code is amended by changing | ||||
Sections 6-210, 9-157, and 12-190.3 as follows: | ||||
(40 ILCS 5/6-210) (from Ch. 108 1/2, par. 6-210) | ||||
Sec. 6-210. Credit allowed for service in police | ||||
department. Service rendered by a fireman, as a regularly | ||||
appointed and sworn
policeman of the city shall be included, | ||||
for the purposes of this
Article, as if such service were | ||||
rendered as a fireman of the city.
Salary received by a fireman | ||||
for any such service as a policeman shall
be considered, for | ||||
the purposes of this Article, as salary received as a
fireman. | ||||
Any annuity payable to a fireman under this Article shall be
| ||||
reduced by any pension or annuity payable to him from any | ||||
policemen's other pension
fund or annuity and benefit fund in | ||||
operation in the city, and any member entering service after | ||||
January 1, 2011 shall not be given service credit in this fund | ||||
for any period of time in which the member is in receipt of | ||||
retirement benefits from any annuity and benefit fund in | ||||
operation in the city. | ||||
Any policeman who becomes a fireman, subsequent to July 1, | ||||
1935, may
contribute to the fund an amount equal to the sum | ||||
which would have
accumulated to his credit from deductions from | ||
salary
for annuity
purposes if he had been contributing to the | ||
fund such sums as he
contributed for annuity purposes to the | ||
policemen's annuity and benefit
fund, and no credit for periods | ||
of service rendered by him in the police
department shall be | ||
allowed, under this Article, except as to such
periods for | ||
which he made contributions to the policemen's annuity and
| ||
benefit fund, provided he has made the payments required by | ||
this
Article. | ||
(Source: P.A. 81-1536.) | ||
(40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157) | ||
Sec. 9-157. Ordinary disability benefit. An employee while | ||
under age 65
and prior to January 1, 1979, or while under age | ||
70 and after January 1,
1979, but prior to January 1, 1987, and | ||
regardless of age on or after
January 1, 1987, who becomes | ||
disabled after becoming a contributor to the
fund as the result | ||
of any cause other than injury incurred in the
performance of | ||
an act of duty is entitled to ordinary disability benefit
| ||
during such disability, after the first 30 days thereof. | ||
No employee who becomes disabled and whose disability | ||
commences
during any period of absence from duty without pay | ||
other than on paid vacation may
receive ordinary disability | ||
benefit until he recovers from such
disability and performs the | ||
duties of his position in the service for at
least 15 | ||
consecutive days, Sundays and holidays excepted, after his
| ||
recovery from such disability. | ||
The benefit shall not be allowed unless application | ||
therefor is made
while the disability exists, nor for any | ||
period of disability before 30
days before the application for | ||
such benefit is made. The foregoing
limitations do not apply if | ||
the board finds from satisfactory evidence
presented to it that | ||
there was reasonable cause for delay in filing such
application | ||
within such periods of time. | ||
The first payment shall be made not later than one month | ||
after the
benefit is granted and each subsequent payment shall | ||
be made not later
than one month after the last preceding | ||
payment. | ||
The disability benefit prescribed herein shall cease when | ||
the first of
the following dates shall occur and the employee, | ||
if still disabled, shall
thereafter be entitled to such annuity | ||
as is otherwise provided in this
Article: | ||
(a) the date disability ceases. | ||
(b) the date the disabled employee attains age 65 for | ||
disability
commencing prior to January 1, 1979. | ||
(c) the date the disabled employee attains 65 for | ||
disability commencing
prior to attainment of age 60 in the | ||
service and after January 1, 1979. | ||
(d) the date the disabled employee attains the age of 70 | ||
for disability
commencing after attainment of age 60 in the | ||
service and after January 1, 1979. | ||
(e) the date the payments of the benefit shall exceed in | ||
the aggregate,
throughout the employee's service, a period | ||
equal to 1/4 of the total service
rendered prior to the date of | ||
disability but in no event more than 5 years.
In computing such | ||
total service any period during which the employee
received | ||
ordinary disability benefit and any period of absence from duty
| ||
other than paid vacation shall be excluded. | ||
Any employee whose duty disability benefit was terminated | ||
on or after
January 1, 1979 by reason of his attainment of age | ||
65 and who continues to
be disabled after age 65 may elect | ||
before July 1, 1986 to have such
benefits resumed beginning at | ||
the time of such termination and continuing
until termination | ||
is required under this Section as amended by this
amendatory | ||
Act of 1985. The amount payable to any employee for such
| ||
resumed benefit for any period shall be reduced by the amount | ||
of any
retirement annuity paid to such employee under this | ||
Article for the same
period of time or by any refund paid in | ||
lieu of annuity. | ||
Any employee whose disability benefit was terminated on or | ||
after
January 1, 1987 by reason of his attainment of age 70, | ||
and who continues to
be disabled after age 70, may elect before | ||
March 31, 1988, to have such
benefits resumed beginning at the | ||
time of such termination and continuing
until termination is | ||
required under this Section as amended by this
amendatory Act | ||
of 1987. The amount payable to any employee for such
resumed | ||
benefit for any period shall be reduced by the amount of any
| ||
retirement annuity paid to such employee under this Article for | ||
the same
period of time or by any refund paid in lieu of | ||
annuity. | ||
Ordinary disability benefit shall be 50% of the employee's | ||
salary at
the date of disability. Instead of all amounts | ||
ordinarily contributed by
an employee and by the county for age | ||
and service
annuity and widow's annuity based on the salary at | ||
date of disability,
the county shall contribute sums equal to | ||
such amounts for any period
during which the employee receives | ||
ordinary disability and such is
deemed for annuity and refund | ||
purposes as amounts contributed by him. The
county shall also | ||
contribute 1/2 of 1% salary deductions required
as a | ||
contribution from the employee under Section 9-133. | ||
An employee who has withdrawn from service or was laid off | ||
for any
reason, who is absent from service thereafter for 60 | ||
days or more who
re-enters the service subsequent to such | ||
absence is not entitled to
ordinary disability benefit unless | ||
he renders at least 6 months of
service subsequent to the date | ||
of such last re-entry. | ||
(Source: P.A. 85-964.)
| ||
(40 ILCS 5/12-190.3) (from Ch. 108 1/2, par. 12-190.3)
| ||
Sec. 12-190.3. Fraud. Any person who knowingly makes any | ||
false
statement or falsifies or permits to be falsified any | ||
record of this Fund
in any attempt to defraud the Fund is | ||
guilty of a Class A misdemeanor.
| ||
None of the benefits provided for in this Article shall be | ||
paid to any person who is convicted of any misdemeanor or | ||
felony relating to or arising out of or in connection with any | ||
attempt to defraud the Fund. | ||
This Section shall not operate to impair any contract or | ||
vested right previously acquired under any law or laws | ||
continued in this Article, nor to preclude the right to a | ||
refund. | ||
(Source: P.A. 86-1488.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||