HB1223 Engrossed LRB095 08052 AMC 28214 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 3-114.1 as follows:
6     (40 ILCS 5/3-114.1)  (from Ch. 108 1/2, par. 3-114.1)
7     Sec. 3-114.1. Disability pension - Line of duty.
8     (a) If a police officer as the result of sickness, accident
9 or injury incurred in or resulting from the performance of an
10 act of duty, is found to be physically or mentally disabled for
11 service in the police department, so as to render necessary his
12 or her suspension or retirement from the police service, the
13 police officer shall be entitled to a disability retirement
14 pension equal to the greatest of (1) 65% of the salary attached
15 to the rank on the police force held by the officer at the date
16 of suspension of duty or retirement, (2) the retirement pension
17 that the police officer would be eligible to receive if he or
18 she retired (but not including any automatic annual increase in
19 that retirement pension), or (3) the pension provided under
20 subsection (d), if applicable.
21     A police officer shall be considered "on duty" while on any
22 assignment approved by the chief of the police department of
23 the municipality he or she serves, whether the assignment is



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1 within or outside the municipality.
2     (b) If a police officer on disability pension dies while
3 still disabled, the disability pension shall continue to be
4 paid to his or her survivors in the sequence provided in
5 Section 3-112.
6     (c) From and after July 1, 1987, any pension payable under
7 this Section shall be at least $400 per month, without regard
8 to the fact that the disability or death of the police officer
9 occurred prior to that date. If the minimum pension established
10 in Section 3-113.1 is greater than the minimum provided in this
11 Section, the Section 3-113.1 minimum controls.
12     (d) A disabled police officer who (1) is receiving a
13 pension under this Section on the effective date of this
14 amendatory Act of the 91st General Assembly, (2) files with the
15 Fund, within 30 days after that effective date and annually
16 thereafter while the pension remains payable, a written
17 application for the benefits of this subsection, including an
18 affidavit stating that the applicant has not earned any income
19 from gainful employment during the most recently concluded tax
20 year and a copy of his or her most recent Illinois income tax
21 return, (3) has service credit in the Fund for at least 7 years
22 of active duty, and (4) has been receiving the pension under
23 this Section for a period which, when added to the officer's
24 total service credit in the Fund, equals at least 20 years,
25 shall be eligible to receive an annual noncompounded increase
26 in his or her pension under this Section, equal to 3% of the



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1 original pension.
2     The Fund may take appropriate steps to verify the
3 applicant's disability and earnings status, and for this
4 purpose may request from the Department of Revenue a certified
5 copy of the applicant's Illinois income tax return for any year
6 for which a benefit under this Section is payable or has been
7 paid.
8     The annual increase shall accrue on each anniversary of the
9 initial pension payment date, for so long as the pension
10 remains payable to the disabled police officer and the required
11 annual application is made, except that the annual increases
12 under this subsection shall cease if the disabled police
13 officer earns income from gainful employment. Within 60 days
14 after accepting an initial application under this subsection,
15 the Fund shall pay to the disabled police officer, in a lump
16 sum without interest, the amounts resulting from the annual
17 increases that have accrued retroactively.
18     This subsection is not limited to persons in active service
19 on or after its effective date, but it applies only to a
20 pension that is payable under this Section to a disabled police
21 officer (rather than a survivor). Upon the death of the
22 disabled police officer, the annuity payable under this Section
23 to his or her survivors shall include any annual increases
24 previously received, but no additional increases shall accrue
25 under this subsection.
26     (e) The monthly pension of a police officer who receives a



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1 line of duty pension under this Section who was hired on or
2 before January 1, 1979, who received a line of duty benefit on
3 or after January 1, 1993 with at least 14 years of service, and
4 who applies within 6 months after the effective date of this
5 amendatory Act of the 95th General Assembly shall be increased
6 in January of the year following the year he or she attains age
7 50 by 3% of the original grant of pension for each year he or
8 she received pension payments. In each January thereafter, the
9 police officer shall receive an additional increase of 3% of
10 the original pension.
11 (Source: P.A. 91-939, eff. 2-1-01.)
12     Section 90. The State Mandates Act is amended by adding
13 Section 8.32 as follows:
14     (30 ILCS 805/8.32 new)
15     Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
16 of this Act, no reimbursement by the State is required for the
17 implementation of any mandate created by this amendatory Act of
18 the 95th General Assembly.
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.