Sen. Mike Jacobs
Filed: 5/5/2009
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| 1 | AMENDMENT TO HOUSE BILL 3840
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| 2 | AMENDMENT NO. ______. Amend House Bill 3840 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Pension Code is amended by | ||||||
| 5 | changing Section 3-116 as follows:
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| 6 | (40 ILCS 5/3-116) (from Ch. 108 1/2, par. 3-116)
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| 7 | Sec. 3-116. Examination and emergency service. A police | ||||||
| 8 | officer whose duty is suspended because of disability may be
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| 9 | summoned to appear before the board, and to submit to an | ||||||
| 10 | examination
to determine fitness for duty. The
officer shall | ||||||
| 11 | abide by the board's decision. If a police officer retired
for | ||||||
| 12 | disability, except one who voluntarily retires after 20 years' | ||||||
| 13 | service,
is found upon medical examination to have recovered | ||||||
| 14 | from
disability, the board shall certify to the chief of police | ||||||
| 15 | that the member
is no longer disabled and is able to resume the | ||||||
| 16 | duties of his or her
position. The police officer shall report | ||||||
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| 1 | to the chief of the department, who shall thereupon order | ||||||
| 2 | immediate reinstatement into active service, and the | ||||||
| 3 | municipality shall immediately return the police officer to its | ||||||
| 4 | payroll, in the same rank or grade held at the date he or she | ||||||
| 5 | was placed on disability pension. If the police officer must | ||||||
| 6 | file a civil action against the municipality to enforce his or | ||||||
| 7 | her mandated return to payroll under this Section, then the | ||||||
| 8 | police officer is entitled to recovery of reasonable court | ||||||
| 9 | costs and attorney's fees. In case of emergency, a disabled | ||||||
| 10 | police officer
may be assigned to and shall perform such
duty | ||||||
| 11 | without right to compensation as the chief of police or chief | ||||||
| 12 | officer
of the municipality may
direct.
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| 13 | (Source: P.A. 83-1440.)
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| 14 | Section 90. The State Mandates Act is amended by adding | ||||||
| 15 | Section 8.33 as follows: | ||||||
| 16 | (30 ILCS 805/8.33 new) | ||||||
| 17 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 18 | of this Act, no reimbursement by the State is required for the | ||||||
| 19 | implementation of any mandate created by this amendatory Act of | ||||||
| 20 | the 96th General Assembly.
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| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.".
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