093_SB0584

 
                                     LRB093 07409 EFG 07573 b

 1        AN ACT in relation to 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
 5    changing Section 5-154 as follows:

 6        (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
 7        Sec. 5-154.  Duty disability benefit; child's  disability
 8    benefit.
 9        (a)  An  active  policeman who becomes disabled before on
10    or after the effective date of this  amendatory  Act  of  the
11    93rd  General Assembly as the result of injury incurred on or
12    after such date in the performance of an act of duty,  has  a
13    right to receive duty disability benefit during any period of
14    such disability for which he does not have a right to receive
15    salary,  equal  to 75% of his salary, as salary is defined in
16    this Article, at the time the disability is  allowed;  or  in
17    the  case  of  a  policeman on duty disability who returns to
18    active employment at any time for a  period  of  at  least  2
19    years  and  is  again disabled from the same cause or causes,
20    75% of his salary, as salary is defined in this  Article,  at
21    the time disability is allowed; provided, however, that:
22             (i)  If  the  disability  resulted from any physical
23        defect or mental disorder or any disease which existed at
24        the time the injury was sustained, or if  the  disability
25        is less than 50% of total disability for any service of a
26        remunerative character, the duty disability benefit shall
27        be 50% of salary as defined in this Article.
28             (ii)  Beginning  January 1, 1996, no duty disability
29        benefit that has been payable under this Section  for  at
30        least  10  years  shall  be  less than 50% of the current
31        salary attached from time to time to the rank held by the
 
                            -2-      LRB093 07409 EFG 07573 b
 1        policeman  at  the  time  of  removal  from  the   police
 2        department  payroll,  regardless  of whether that removal
 3        occurred before the effective date of this amendatory Act
 4        of 1995.
 5             Beginning on January 1,  2000,  no  duty  disability
 6        benefit  that  has been payable under this Section for at
 7        least 7 years shall be  less  than  60%  of  the  current
 8        salary attached from time to time to the rank held by the
 9        policeman   at  the  time  of  removal  from  the  police
10        department payroll, regardless of  whether  that  removal
11        occurred before the effective date of this amendatory Act
12        of the 92nd General Assembly.
13             (iii)  If the Board finds that the disability of the
14        policeman  is  of  such a nature as to permanently render
15        him totally disabled for any service  of  a  remunerative
16        character,  the  duty  disability benefit shall be 75% of
17        the current salary attached from time to time to the rank
18        held by the policeman at the time  of  removal  from  the
19        police  department  payroll.   In the case of a policeman
20        receiving a duty disability benefit under this Section on
21        the effective date of this amendatory  Act  of  the  92nd
22        General  Assembly,  the  increase  in benefit provided by
23        this amendatory Act, if any, shall begin to accrue as  of
24        the  date  that  the  Board makes the required finding of
25        permanent total disability, regardless of whether removal
26        from the payroll occurred before the  effective  date  of
27        this amendatory Act.
28        (a-1)  An  active  policeman  who  becomes disabled on or
29    after the effective date of this amendatory Act of  the  93rd
30    General Assembly as the result of injury incurred on or after
31    that date in the performance of an act of duty has a right to
32    receive  duty  disability  benefit  during any period of such
33    disability for which he or she  does  not  have  a  right  to
34    receive  salary,  equal to 80% of the current salary attached
 
                            -3-      LRB093 07409 EFG 07573 b
 1    from time to time to the rank held by the  policeman  at  the
 2    time of removal from the police department payroll.
 3        (a-5)  Notwithstanding   any   other  provision  of  this
 4    Section, beginning on January 1,  2004,  no  duty  disability
 5    benefit that has been payable under this Section for at least
 6    5 years shall be less than 70% of the current salary attached
 7    from  time  to  time to the rank held by the policeman at the
 8    time  of  removal  from  the   police   department   payroll,
 9    regardless  of  whether  that  removal  occurred  before  the
10    effective  date  of  this  amendatory Act of the 93rd General
11    Assembly.
12        (b)  The policeman shall also have  a  right  to  child's
13    disability  benefit  of  $100  per  month  for each unmarried
14    child, the issue of the policeman, less than age 18, but  the
15    total  amount  of child's disability benefit shall not exceed
16    25% of his salary as defined in this Article.   The  increase
17    in child's disability benefit provided by this amendatory Act
18    of  the  92nd  General  Assembly applies beginning January 1,
19    2000 to all such benefits payable  on  or  after  that  date,
20    regardless  of  whether  the  disabled policeman is in active
21    service on or after the effective  date  of  this  amendatory
22    Act.
23        (c)  Duty  disability  benefit shall be payable until the
24    policeman becomes age  63  or  would  have  been  retired  by
25    operation  of law, whichever is later, and child's disability
26    benefit shall be paid during any such  period  of  disability
27    until  the  child  attains  age 18.  Thereafter the policeman
28    shall receive the annuity provided  in  accordance  with  the
29    other provisions of this Article.
30        (d)  A  policeman  who  suffers a heart attack during the
31    performance and discharge of his or her duties as a policeman
32    shall be considered injured in the performance of an  act  of
33    duty  and  shall  be  eligible for all benefits that the City
34    provides for police officers injured in the performance of an
 
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 1    act of  duty.   This  subsection  (d)  is  a  restatement  of
 2    existing  law  and  applies  without  regard  to  whether the
 3    policeman is in service on or after  the  effective  date  of
 4    Public Act 89-12 or this amendatory Act of 1996.
 5    (Source: P.A. 92-52, eff. 7-12-01.)

 6        Section  90.  The State Mandates Act is amended by adding
 7    Section 8.27 as follows:

 8        (30 ILCS 805/8.27 new)
 9        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
10    and  8 of this Act, no reimbursement by the State is required
11    for  the  implementation  of  any  mandate  created  by  this
12    amendatory Act of the 93rd General Assembly.

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