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| 1 | AN ACT concerning public employee benefits.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
| 5 | Section 4-112 as follows:
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| 6 | (40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
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| 7 | Sec. 4-112. Determination of disability; restoration
- | ||||||
| 8 | Restoration to active service; disability cannot constitute | ||||||
| 9 | cause for discharge. A disability pension shall not be paid | ||||||
| 10 | until disability
has been established by the board by | ||||||
| 11 | examinations
of the firefighter at pension fund expense by 3 | ||||||
| 12 | physicians selected
by the board and such other evidence as the | ||||||
| 13 | board deems
necessary. The 3 physicians selected by the board | ||||||
| 14 | need not agree as to the existence of any disability or the | ||||||
| 15 | nature and extent of a disability. Medical examination of a | ||||||
| 16 | firefighter
receiving a disability pension shall be made at | ||||||
| 17 | least once each year prior
to attainment of age 50 in order to | ||||||
| 18 | verify continuance of disability. No
examination shall be | ||||||
| 19 | required after age 50. No physical or mental disability that | ||||||
| 20 | constitutes, in whole or in part, the basis of an application | ||||||
| 21 | for benefits under this Article may be used, in whole or in | ||||||
| 22 | part, by any municipality or fire protection district employing | ||||||
| 23 | firefighters, emergency medical technicians, or paramedics as | ||||||
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| 1 | cause for discharge.
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| 2 | Upon satisfactory proof to the board that a firefighter on | ||||||
| 3 | the disability
pension has recovered from disability, the board | ||||||
| 4 | shall
terminate the
disability pension.
The firefighter shall | ||||||
| 5 | report to the marshal or chief
of the fire department, who | ||||||
| 6 | shall thereupon
order immediate reinstatement into active | ||||||
| 7 | service, and the municipality shall immediately return the | ||||||
| 8 | firefighter to its payroll, in the same rank or grade held
at | ||||||
| 9 | the date he or she was placed on disability pension. If the | ||||||
| 10 | firefighter must file a civil action against the municipality | ||||||
| 11 | to enforce his or her mandated return to payroll under this | ||||||
| 12 | paragraph, then the firefighter is entitled to recovery of | ||||||
| 13 | reasonable court costs and attorney's fees.
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| 14 | The firefighter shall be entitled to 10 days notice before
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| 15 | any hearing or meeting of the board at which the question of | ||||||
| 16 | his or her
disability is to be considered, and shall have the | ||||||
| 17 | right to be present
at any such hearing or meeting, and to be | ||||||
| 18 | represented by counsel; however,
the board shall not have any | ||||||
| 19 | obligation to provide such fireman with counsel.
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| 20 | (Source: P.A. 83-1528.)
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| 21 | Section 90. The State Mandates Act is amended by adding | ||||||
| 22 | Section 8.31 as follows: | ||||||
| 23 | (30 ILCS 805/8.31 new) | ||||||
| 24 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
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| 1 | of this Act, no reimbursement by the State is required for the | ||||||
| 2 | implementation of any mandate created by this amendatory Act of | ||||||
| 3 | the 95th General Assembly.
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| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.
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