Sen. Michael W. Frerichs
Filed: 3/20/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1553 




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    AMENDMENT NO. ______. Amend Senate Bill 1553  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Pension Code is amended  by 
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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 
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cause for discharge. A disability pension shall not be paid 
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until disability
has been established by the board by 
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examinations
of the firefighter at pension fund expense by 3 
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physicians selected
by the board and such other evidence as the 
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board deems
necessary.  The 3 physicians selected by the board 
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need not agree as to the existence of any disability or  the 
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nature and extent of a disability. Medical examination of a 
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firefighter
receiving a disability pension shall be made at 
 


 






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least once each year prior
to attainment of age 50 in order to 
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verify continuance of disability.  No
examination shall be 
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required after age 50. No physical or mental disability that 
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constitutes, in whole or in part, the basis of an application 
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for benefits under this Article may be used, in whole or in 
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part, by any municipality or fire protection district employing 
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firefighters, emergency medical technicians, or paramedics as 
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cause for discharge.

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    Upon satisfactory proof to the board that a firefighter on 
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the disability
pension has recovered from disability, the board 
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shall
terminate the
disability pension.
The firefighter shall 
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report to the marshal or chief
of the fire department, who 
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shall thereupon
order immediate reinstatement into active 
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service, and the municipality shall immediately return the 
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firefighter to its payroll, in the same rank or grade held
at 
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the date he or she was placed on disability pension. If the 
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firefighter must file a civil action against the municipality 
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to enforce his or her  mandated return to payroll under this 
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paragraph, then the firefighter is entitled to recovery of 
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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 
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his or her
disability is to be considered, and shall have the 
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right to be present
at any such hearing or meeting, and to be 
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represented by counsel; however,
the board shall not have any 
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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 
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Section 8.31 as follows:
 
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    (30 ILCS 805/8.31 new)
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    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 95th General Assembly.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".