96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2142


 
Introduced 2/20/2009, by Sen. William Delgado
 
SYNOPSIS AS INTRODUCED:
 		








  



40 ILCS 5/5-228
  from Ch. 108 1/2, par. 5-228



30 ILCS 805/8.33 new










    Amends the Chicago Police Article of the Illinois Pension Code. Provides that if any policeman whose application for either a duty disability benefit
or an occupational disease disability benefit has been denied by the Retirement Board brings an action for
administrative review challenging the denial of disability benefits and the
policeman prevails in the action in administrative review, then the prevailing
policeman shall be entitled to recover from the Fund court costs and litigation
expenses, including reasonable attorney's fees, as part of the costs of the
action. Effective immediately.
















LRB096 11370 AMC 21831 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2142

LRB096 11370 AMC 21831 b






1
    AN ACT concerning public employee benefits.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Pension Code is amended  by changing 
5
Section 5-228 as follows:
 



6
    (40 ILCS 5/5-228)  (from Ch. 108 1/2, par. 5-228)



7
    Sec. 5-228. Administrative review. 
8
    (a) The provisions of the Administrative Review Law,
and 
9
all amendments and modifications thereof and the rules adopted

10
pursuant thereto, shall apply to and govern all proceedings for 
11
the
judicial review of final administrative decisions of the 
12
retirement board
provided for under this Article. The term 
13
"administrative decision" is as
defined in Section 3-101 of the 
14
Code of Civil Procedure.
15
    (b) If any policeman whose application for either a duty 
16
disability benefit
under Section 5-154 or for an occupational 
17
disease disability benefit under
Section 5-154.1 has been 
18
denied by the Retirement Board brings an action for

19
administrative review challenging the denial of disability 
20
benefits and the
policeman prevails in the action in 
21
administrative review, then the prevailing
policeman shall be 
22
entitled to recover from the Fund court costs and litigation

23
expenses, including reasonable attorney's fees, as part of the 
 


 






SB2142
- 2 -
LRB096 11370 AMC 21831 b




1
costs of the
action.


2
(Source: P.A. 82-783.)

 
3
    Section 90. The State Mandates Act is amended by adding 
4
Section 8.33 as follows:
 
5
    (30 ILCS 805/8.33 new)
6
    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
7
of this Act, no reimbursement by the State is required for the 
8
implementation of any mandate created by this amendatory Act of 
9
the 96th General Assembly.
 

10
    Section 99. Effective date. This Act takes effect upon 
11
becoming law.