Full Text of HB3079 95th General Assembly
HB3079ham001 95TH GENERAL ASSEMBLY
|
Rep. Michael P. McAuliffe
Filed: 3/20/2007
|
|
09500HB3079ham001 |
|
LRB095 09229 AMC 32866 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3079
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3079 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing 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 |
|
|
|
09500HB3079ham001 |
- 2 - |
LRB095 09229 AMC 32866 a |
|
| 1 |
| that the police officer would be
eligible to receive if he or | 2 |
| she retired (but not including any automatic
annual increase in | 3 |
| that retirement pension), or (3) the pension provided
under | 4 |
| subsection (d), if applicable.
| 5 |
| A police officer shall be considered "on duty" while on any | 6 |
| assignment
approved by the chief of the police department of | 7 |
| the municipality he or she
serves, whether the assignment is | 8 |
| within or outside the municipality.
| 9 |
| (b) If a police officer on disability pension dies while | 10 |
| still disabled,
the disability pension shall continue to be | 11 |
| paid to his or her survivors in the
sequence provided in | 12 |
| Section 3-112.
| 13 |
| (c) From and after July 1, 1987, any pension payable under | 14 |
| this
Section shall be at least $400 per month, without regard | 15 |
| to the fact that
the disability or death of the police officer | 16 |
| occurred prior to that date.
If the minimum pension established | 17 |
| in Section 3-113.1 is greater than the
minimum provided in this | 18 |
| Section, the Section 3-113.1 minimum controls.
| 19 |
| (d) A disabled police officer who (1) is receiving a | 20 |
| pension under this
Section
on the effective date of this | 21 |
| amendatory Act of the 95th
91st General Assembly, (2)
files | 22 |
| with the Fund, within 60
30 days after that effective date and | 23 |
| annually
thereafter while the pension remains payable, a | 24 |
| written application for the
benefits of this subsection, | 25 |
| including an affidavit stating that the applicant
has not | 26 |
| earned any income from gainful employment during the most |
|
|
|
09500HB3079ham001 |
- 3 - |
LRB095 09229 AMC 32866 a |
|
| 1 |
| recently
concluded tax year and a copy of his or her most | 2 |
| recent Illinois income tax
return, (3) has service credit in | 3 |
| the Fund for at least 7 years of active duty,
and (4) has been | 4 |
| receiving the pension under this Section for a period which,
| 5 |
| when added to the officer's total service credit in the Fund, | 6 |
| equals at least
20 years, shall be eligible to receive an | 7 |
| annual noncompounded increase in his
or her pension under this | 8 |
| Section, equal to 3% of the original pension.
| 9 |
| The Fund may take appropriate steps to verify the | 10 |
| applicant's disability
and earnings status, and for this | 11 |
| purpose may request from the Department of
Revenue a certified | 12 |
| copy of the applicant's Illinois income tax return for any
year | 13 |
| for which a benefit under this Section is payable or has been | 14 |
| paid.
| 15 |
| The annual increase shall accrue on each anniversary of the | 16 |
| initial pension
payment date, for so long as the pension | 17 |
| remains payable to the disabled police
officer and the required | 18 |
| annual application is made, except that the annual
increases | 19 |
| under this subsection shall cease if the disabled police | 20 |
| officer
earns income from gainful employment. Within 60 days | 21 |
| after accepting an
initial application under this subsection, | 22 |
| the Fund shall pay to the disabled
police officer, in a lump | 23 |
| sum without interest, the amounts resulting from the
annual | 24 |
| increases that have accrued retroactively.
| 25 |
| This subsection is not limited to persons in active service | 26 |
| on or after its
effective date, but it applies only to a |
|
|
|
09500HB3079ham001 |
- 4 - |
LRB095 09229 AMC 32866 a |
|
| 1 |
| pension that is payable under this
Section to a disabled police | 2 |
| officer (rather than a survivor). Upon the death
of the | 3 |
| disabled police officer, the annuity payable under this Section | 4 |
| to his
or her survivors shall include any annual increases | 5 |
| previously received, but no
additional increases shall accrue | 6 |
| under this subsection.
| 7 |
| (Source: P.A. 91-939, eff. 2-1-01.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
|
|