HB5295 EnrolledLRB102 23444 RPS 32616 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 5-157 and 5-212 as follows:
6    (40 ILCS 5/5-157)  (from Ch. 108 1/2, par. 5-157)
7    Sec. 5-157. Administration of disability benefits.
8    (a) If a policeman who is granted duty or ordinary
9disability benefit refuses to submit to examination by a
10physician appointed by the board, he shall have no further
11right to receive the benefit.
12    (b) A policeman who has withdrawn from service while
13disabled and entered upon annuity prior to the effective date,
14and who has thereafter been reinstated as a policeman, shall
15have no right to ordinary disability benefit in excess of the
16amount previously received unless he serves at least one year
17after such reinstatement. This provision shall apply
18throughout the duration of any disability incurred by the
19policeman within one year after his reinstatement resulting
20from any cause other than injury incurred in the performance
21of an act of duty.
22    (c) Until the effective date of this amendatory Act of the
2392nd General Assembly, a policeman who assumes regular



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1employment for compensation, while in receipt of ordinary or
2duty disability benefits, shall not be entitled to receive any
3amount of such disability benefits which, when added to his
4compensation for such employment during disability, would
5exceed 150% of the rate of salary which would be paid to him if
6he were working in his regularly appointed civil service
7position as a policeman. The changes made to this Section by
8Public Act 90-766 are not limited to persons in service on or
9after the effective date of that Act.
10    Beginning on the effective date of this amendatory Act of
11the 92nd General Assembly, the reduction of disability
12benefits due to compensation for employment previously imposed
13under this subsection (c) no longer applies to any person
14receiving a disability benefit under this Article, without
15regard to whether the person is in service on or after that
16date. The removal of this limitation by this amendatory Act is
17not retroactive and does not entitle any person to the
18restoration of amounts previously reduced or withheld under
19this subsection.
20    (d) Disability benefit shall not be paid for any part of
21time for which a disabled policeman shall receive any part of
22his salary.
23    (e) Except as herein otherwise provided, disability
24benefit shall not be paid for any disability based upon or
25caused by any mental or physical defect which the policeman
26had at the time he entered the police service.



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1    (f) Disability benefit shall not be allowed to any
2policeman who re-enters the public service in any capacity
3where his salary is payable in whole or in part by taxes levied
4upon taxable property in the city in which this Article is in
5effect, or out of special revenues of any department of the
6city. The disability benefit shall be suspended during the
7period he is in the public service for compensation, and shall
8be resumed when he withdraws from such service.
9    (g) If a policeman receives any compensation as temporary
10total disability, permanent total disability, a lump sum
11settlement award, or other payment under the Workers'
12Compensation Act or the Workers' Occupational Diseases Act as
13a result of the policeman's secondary employment for any
14injury resulting in disability, any disability benefit
15provided to the policeman for such disability under this
16Article shall be reduced by any compensation amount so
17received, if that compensation amount is less than the amount
18of the disability benefit. If the amount received as
19compensation exceeds the amount of the disability benefit, the
20policeman shall not receive the disability benefit until the
21disability benefit payable equals the amount of the
22compensation received without consideration of interest. The
23calculation of compensation received by the policeman as
24provided in this Section shall not take into consideration any
25benefits received under the Line of Duty Compensation Act.
26    If the widow, child or children, or parent or parents of a



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1policeman, or any of these persons, receives any compensation
2under the Workers' Compensation Act or the Workers'
3Occupational Diseases Act as a result of the policeman's
4secondary employment for any injury resulting in the
5policeman's death, the annuities provided under this Article
6for those beneficiaries shall be reduced by any compensation
7amount so received, if that compensation amount is less than
8the amount of the annuities. If the amount received as
9compensation exceeds the amount of the annuities for the
10widow, child or children, or parent or parents, the annuities
11shall not be payable until the accumulated value of the
12annuities equals the amount of the compensation received
13without consideration of interest. In making the adjustment,
14the annuity to the widow shall first be reduced. The
15calculation of compensation received by the widow, child or
16children, or parent or parents of a policeman, or any of these
17persons, as provided in this Section shall not take into
18consideration any benefits received under the Line of Duty
19Compensation Act or the Public Safety Officers Benefits Act of
201976, 34 U.S.C. 10281 et seq.
21    (h) (g) Any disability benefit paid in violation of this
22Section or of this Article shall be construed to have been paid
23in error, and the amounts so paid shall be charged as a debit
24in the account of any person to whom the same was paid and
25shall be deducted from any moneys thereafter payable to such
26person out of this fund, or to the widow, heirs or estate of



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1such person.
2(Source: P.A. 92-52, eff. 7-12-01.)
3    (40 ILCS 5/5-212)  (from Ch. 108 1/2, par. 5-212)
4    Sec. 5-212. Computation of service. In computing the
5service rendered by a policeman prior to the effective date,
6the following periods shall be counted, in addition to all
7periods during where he performed the duties of his position,
8as periods of service for annuity purposes only: all periods
9of (a) vacation; (b) leave of absence with whole or part pay;
10(c) leave of absence without pay on account of disability; and
11(d) leave of absence during which the policeman was engaged in
12the military or naval service of the United States of America.
13Service credit shall not be allowed for a policeman in receipt
14of a pension on account of disability from any pension fund
15superseded by this fund.
16    In computing the service rendered by a policeman on or
17after the effective date, the following periods shall be
18counted, in addition to all periods during which he performed
19the duties of his position, as periods of service for annuity
20purposes only: all periods of (a) vacation; (b) leave of
21absence with whole or part pay; (c) leave of absence during
22which the policeman was engaged in the military or naval
23service of the United States of America; (d) time that the
24policeman was engaged in the military or naval service of the
25United States of America, during which he was passed over on



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1any eligible list posted from an entrance examination, due to
2the fact that he was in such military or naval service at the
3time he was called for appointment to the Police Department,
4to be computed from the date he was passed over on any eligible
5list and would have been first sworn in as a policeman had he
6not been engaged in the military or naval service of the United
7States of America, until the date of his discharge from such
8military or naval service; provided that such policeman shall
9pay into this Fund the same amount that would have been
10deducted from his salary had he been a policeman during the
11aforementioned portion of such military or naval service; (e)
12disability for which the policeman receives any disability
13benefit or compensation under the Workers' Compensation Act or
14the Workers' Occupational Diseases Act; (f) disability for
15which the policeman receives whole or part pay; (g) service
16for which credits and creditable service have been transferred
17to this Fund under Section 9-121.1, 14-105.1 or 15-134.3 of
18this Code; and (h) periods of service in the military, naval,
19or air forces of the United States entered upon before
20beginning service as an active policeman of a municipality as
21provided in Section 5-214.3.
22    In computing service on or after the effective date for
23ordinary disability benefit, all periods described in the
24preceding paragraph, except any such period for which a
25policeman receives ordinary disability benefit, shall be
26counted as periods of service.



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1    In computing service for any of the purposes of this
2Article, no credit shall be given for any period during which a
3policeman was not rendering active service because of his
4discharge from the service, unless proceedings to test the
5legality of the discharge are filed in a court of competent
6jurisdiction within one year from the date of discharge and a
7final judgment is entered therein declaring the discharge
9    No overtime or extra service shall be included in
10computing service of a policeman and not more than one year or
11a fractional part thereof of service shall be allowed for
12service rendered during any calendar year.
13    In computing service for any of the purposes of this
14Article, credit shall be given for any periods during which a
15policeman who is a member of the General Assembly is on leave
16of absence or is otherwise authorized to be absent from duty to
17enable him or her to perform legislative duties,
18notwithstanding any reduction in salary for such periods and
19notwithstanding that the contributions paid by the policeman
20were based on a reduced salary rather than the full amount of
21salary attached to his or her career service rank.
22(Source: P.A. 96-1260, eff. 7-23-10.)
23    Section 90. The State Mandates Act is amended by adding
24Section 8.46 as follows:



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1    (30 ILCS 805/8.46 new)
2    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
38 of this Act, no reimbursement by the State is required for
4the implementation of any mandate created by this amendatory
5Act of the 102nd General Assembly.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.