Full Text of HB5892 100th General Assembly
HB5892 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5892 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-115 | from Ch. 108 1/2, par. 3-115 |
40 ILCS 5/4-112 | from Ch. 108 1/2, par. 4-112 |
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Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Requires an affirmative vote of at least 4 members of the board of a downstate police or downstate firefighter pension fund to award a disability pension under the Articles. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB5892 | | LRB100 22217 MJP 40803 b |
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| 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 | | Sections 3-115 and 4-112 as follows:
| 6 | | (40 ILCS 5/3-115) (from Ch. 108 1/2, par. 3-115)
| 7 | | Sec. 3-115. Certificate of disability. A disability | 8 | | pension shall not be paid unless : (1) there is filed with
the | 9 | | board certificates of the police officer's
disability, | 10 | | subscribed and sworn
to by the police officer if not under | 11 | | legal disability, or by a
representative if the officer is | 12 | | under legal
disability, and by the police
surgeon (if there be | 13 | | one) and 3 practicing physicians selected by the
board ; and (2) | 14 | | at least 4 board members cast an affirmative vote to award a | 15 | | disability pension . The board may require other evidence of
| 16 | | disability. Medical examination of
a police officer retired for | 17 | | disability shall be made
at least once each year
prior to | 18 | | attainment of age 50, as verification of the continuance
of | 19 | | disability
for service as a police officer. No examination | 20 | | shall
be required after age 50.
| 21 | | (Source: P.A. 83-1440.)
| 22 | | (40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
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| | | HB5892 | - 2 - | LRB100 22217 MJP 40803 b |
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| 1 | | Sec. 4-112. Determination of disability; restoration to | 2 | | active service; disability cannot constitute cause for | 3 | | discharge. A disability pension shall not be paid until | 4 | | disability
has been established by the board , with the | 5 | | affirmative vote of at least 4 board members, by examinations
| 6 | | of the firefighter at pension fund expense by 3 physicians | 7 | | selected
by the board and such other evidence as the board | 8 | | deems
necessary. The 3 physicians selected by the board need | 9 | | not agree as to the existence of any disability or the nature | 10 | | and extent of a disability. Medical examination of a | 11 | | firefighter
receiving a disability pension shall be made at | 12 | | least once each year prior
to attainment of age 50 in order to | 13 | | verify continuance of disability. No
examination shall be | 14 | | required after age 50. No physical or mental disability that | 15 | | constitutes, in whole or in part, the basis of an application | 16 | | for benefits under this Article may be used, in whole or in | 17 | | part, by any municipality or fire protection district employing | 18 | | firefighters, emergency medical technicians, or paramedics as | 19 | | cause for discharge.
| 20 | | Upon satisfactory proof to the board that a firefighter on | 21 | | the disability
pension has recovered from disability, the board | 22 | | shall
terminate the
disability pension.
The firefighter shall | 23 | | report to the marshal or chief
of the fire department, who | 24 | | shall thereupon
order immediate reinstatement into active | 25 | | service, and the municipality shall immediately return the | 26 | | firefighter to its payroll, in the same rank or grade held
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| | | HB5892 | - 3 - | LRB100 22217 MJP 40803 b |
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| 1 | | the date he or she was placed on disability pension. If the | 2 | | firefighter must file a civil action against the municipality | 3 | | to enforce his or her mandated return to payroll under this | 4 | | paragraph, then the firefighter is entitled to recovery of | 5 | | reasonable court costs and attorney's fees.
| 6 | | The firefighter shall be entitled to 10 days notice before
| 7 | | any hearing or meeting of the board at which the question of | 8 | | his or her
disability is to be considered, and shall have the | 9 | | right to be present
at any such hearing or meeting, and to be | 10 | | represented by counsel; however,
the board shall not have any | 11 | | obligation to provide such fireman with counsel.
| 12 | | (Source: P.A. 95-681, eff. 10-11-07.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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