Full Text of SB1642 96th General Assembly
SB1642enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 6-210, 9-157, and 12-190.3 as follows: | 6 |
| (40 ILCS 5/6-210) (from Ch. 108 1/2, par. 6-210) | 7 |
| Sec. 6-210. Credit allowed for service in police | 8 |
| department. Service rendered by a fireman, as a regularly | 9 |
| appointed and sworn
policeman of the city shall be included, | 10 |
| for the purposes of this
Article, as if such service were | 11 |
| rendered as a fireman of the city.
Salary received by a fireman | 12 |
| for any such service as a policeman shall
be considered, for | 13 |
| the purposes of this Article, as salary received as a
fireman. | 14 |
| Any annuity payable to a fireman under this Article shall be
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| reduced by any pension or annuity payable to him from any | 16 |
| policemen's other pension
fund or annuity and benefit fund in | 17 |
| operation in the city , and any member entering service after | 18 |
| January 1, 2011 shall not be given service credit in this fund | 19 |
| for any period of time in which the member is in receipt of | 20 |
| retirement benefits from any annuity and benefit fund in | 21 |
| operation in the city . | 22 |
| Any policeman who becomes a fireman, subsequent to July 1, | 23 |
| 1935, may
contribute to the fund an amount equal to the sum |
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| which would have
accumulated to his credit from deductions from | 2 |
| salary
for annuity
purposes if he had been contributing to the | 3 |
| fund such sums as he
contributed for annuity purposes to the | 4 |
| policemen's annuity and benefit
fund, and no credit for periods | 5 |
| of service rendered by him in the police
department shall be | 6 |
| allowed, under this Article, except as to such
periods for | 7 |
| which he made contributions to the policemen's annuity and
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| benefit fund, provided he has made the payments required by | 9 |
| this
Article. | 10 |
| (Source: P.A. 81-1536.) | 11 |
| (40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157) | 12 |
| Sec. 9-157. Ordinary disability benefit. An employee while | 13 |
| under age 65
and prior to January 1, 1979, or while under age | 14 |
| 70 and after January 1,
1979, but prior to January 1, 1987, and | 15 |
| regardless of age on or after
January 1, 1987, who becomes | 16 |
| disabled after becoming a contributor to the
fund as the result | 17 |
| of any cause other than injury incurred in the
performance of | 18 |
| an act of duty is entitled to ordinary disability benefit
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| during such disability, after the first 30 days thereof. | 20 |
| No employee who becomes disabled and whose disability | 21 |
| commences
during any period of absence from duty without pay | 22 |
| other than on paid vacation may
receive ordinary disability | 23 |
| benefit until he recovers from such
disability and performs the | 24 |
| duties of his position in the service for at
least 15 | 25 |
| consecutive days, Sundays and holidays excepted, after his
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| recovery from such disability. | 2 |
| The benefit shall not be allowed unless application | 3 |
| therefor is made
while the disability exists, nor for any | 4 |
| period of disability before 30
days before the application for | 5 |
| such benefit is made. The foregoing
limitations do not apply if | 6 |
| the board finds from satisfactory evidence
presented to it that | 7 |
| there was reasonable cause for delay in filing such
application | 8 |
| within such periods of time. | 9 |
| The first payment shall be made not later than one month | 10 |
| after the
benefit is granted and each subsequent payment shall | 11 |
| be made not later
than one month after the last preceding | 12 |
| payment. | 13 |
| The disability benefit prescribed herein shall cease when | 14 |
| the first of
the following dates shall occur and the employee, | 15 |
| if still disabled, shall
thereafter be entitled to such annuity | 16 |
| as is otherwise provided in this
Article: | 17 |
| (a) the date disability ceases. | 18 |
| (b) the date the disabled employee attains age 65 for | 19 |
| disability
commencing prior to January 1, 1979. | 20 |
| (c) the date the disabled employee attains 65 for | 21 |
| disability commencing
prior to attainment of age 60 in the | 22 |
| service and after January 1, 1979. | 23 |
| (d) the date the disabled employee attains the age of 70 | 24 |
| for disability
commencing after attainment of age 60 in the | 25 |
| service and after January 1, 1979. | 26 |
| (e) the date the payments of the benefit shall exceed in |
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| the aggregate,
throughout the employee's service, a period | 2 |
| equal to 1/4 of the total service
rendered prior to the date of | 3 |
| disability but in no event more than 5 years.
In computing such | 4 |
| total service any period during which the employee
received | 5 |
| ordinary disability benefit and any period of absence from duty
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| other than paid vacation shall be excluded. | 7 |
| Any employee whose duty disability benefit was terminated | 8 |
| on or after
January 1, 1979 by reason of his attainment of age | 9 |
| 65 and who continues to
be disabled after age 65 may elect | 10 |
| before July 1, 1986 to have such
benefits resumed beginning at | 11 |
| the time of such termination and continuing
until termination | 12 |
| is required under this Section as amended by this
amendatory | 13 |
| Act of 1985. The amount payable to any employee for such
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| resumed benefit for any period shall be reduced by the amount | 15 |
| of any
retirement annuity paid to such employee under this | 16 |
| Article for the same
period of time or by any refund paid in | 17 |
| lieu of annuity. | 18 |
| Any employee whose disability benefit was terminated on or | 19 |
| after
January 1, 1987 by reason of his attainment of age 70, | 20 |
| and who continues to
be disabled after age 70, may elect before | 21 |
| March 31, 1988, to have such
benefits resumed beginning at the | 22 |
| time of such termination and continuing
until termination is | 23 |
| required under this Section as amended by this
amendatory Act | 24 |
| of 1987. The amount payable to any employee for such
resumed | 25 |
| benefit for any period shall be reduced by the amount of any
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| retirement annuity paid to such employee under this Article for |
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| the same
period of time or by any refund paid in lieu of | 2 |
| annuity. | 3 |
| Ordinary disability benefit shall be 50% of the employee's | 4 |
| salary at
the date of disability. Instead of all amounts | 5 |
| ordinarily contributed by
an employee and by the county for age | 6 |
| and service
annuity and widow's annuity based on the salary at | 7 |
| date of disability,
the county shall contribute sums equal to | 8 |
| such amounts for any period
during which the employee receives | 9 |
| ordinary disability and such is
deemed for annuity and refund | 10 |
| purposes as amounts contributed by him. The
county shall also | 11 |
| contribute 1/2 of 1% salary deductions required
as a | 12 |
| contribution from the employee under Section 9-133. | 13 |
| An employee who has withdrawn from service or was laid off | 14 |
| for any
reason, who is absent from service thereafter for 60 | 15 |
| days or more who
re-enters the service subsequent to such | 16 |
| absence is not entitled to
ordinary disability benefit unless | 17 |
| he renders at least 6 months of
service subsequent to the date | 18 |
| of such last re-entry. | 19 |
| (Source: P.A. 85-964.)
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| (40 ILCS 5/12-190.3) (from Ch. 108 1/2, par. 12-190.3)
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| Sec. 12-190.3. Fraud. Any person who knowingly makes any | 22 |
| false
statement or falsifies or permits to be falsified any | 23 |
| record of this Fund
in any attempt to defraud the Fund is | 24 |
| guilty of a Class A misdemeanor.
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| None of the benefits provided for in this Article shall be |
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| paid to any person who is convicted of any misdemeanor or | 2 |
| felony relating to or arising out of or in connection with any | 3 |
| attempt to defraud the Fund. | 4 |
| This Section shall not operate to impair any contract or | 5 |
| vested right previously acquired under any law or laws | 6 |
| continued in this Article, nor to preclude the right to a | 7 |
| refund. | 8 |
| (Source: P.A. 86-1488.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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