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Sen. Mike Jacobs
Filed: 5/5/2009
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09600HB3840sam001 |
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LRB096 05778 AMC 25721 a |
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| AMENDMENT TO HOUSE BILL 3840
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| AMENDMENT NO. ______. Amend House Bill 3840 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 3-116 as follows:
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| (40 ILCS 5/3-116) (from Ch. 108 1/2, par. 3-116)
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| Sec. 3-116. Examination and emergency service. A police |
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| officer whose duty is suspended because of disability may be
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| summoned to appear before the board, and to submit to an |
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| examination
to determine fitness for duty. The
officer shall |
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| abide by the board's decision. If a police officer retired
for |
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| disability, except one who voluntarily retires after 20 years' |
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| service,
is found upon medical examination to have recovered |
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| from
disability, the board shall certify to the chief of police |
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| that the member
is no longer disabled and is able to resume the |
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| duties of his or her
position. The police officer shall report |
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09600HB3840sam001 |
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LRB096 05778 AMC 25721 a |
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| to the chief of the department, who shall thereupon order |
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| immediate reinstatement into active service, and the |
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| municipality shall immediately return the police officer to its |
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| payroll, in the same rank or grade held at the date he or she |
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| was placed on disability pension. If the police officer must |
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| file a civil action against the municipality to enforce his or |
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| her mandated return to payroll under this Section, then the |
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| police officer is entitled to recovery of reasonable court |
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| costs and attorney's fees. In case of emergency, a disabled |
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| police officer
may be assigned to and shall perform such
duty |
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| without right to compensation as the chief of police or chief |
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| officer
of the municipality may
direct.
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| (Source: P.A. 83-1440.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.33 as follows:
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| (30 ILCS 805/8.33 new) |
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| Sec. 8.33. 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 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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