HB2352sam002 103RD GENERAL ASSEMBLY

Sen. Robert F. Martwick

Filed: 5/16/2023

10300HB2352sam002 LRB103 27717 RPS 62046 a

AMENDMENT TO HOUSE BILL 2352

AMENDMENT NO. ______. Amend House Bill 2352, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Section 5-154 as follows:

(40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)

Sec. 5-154. Duty disability benefit; child's disability benefit.

(a) An active policeman who becomes disabled on or after the effective date as the result of injury incurred on or after such date in the performance of an act of duty, has a right to receive duty disability benefit during any period of such disability for which he does not have a right to receive salary, equal to 75% of his salary, as salary is defined in this Article, at the time the disability is allowed; or in the case of a policeman on duty disability who returns to active employment at any time for a period of at least 2 years and is again disabled from the same cause or causes, 75% of his salary, as salary is defined in this Article, at the time disability is allowed; provided, however, that:

(i) If the disability resulted from any physical defect or mental disorder or any disease which existed at the time the injury was sustained, or if the disability is less than 50% of total disability for any service of a remunerative character, the duty disability benefit shall be 50% of salary as defined in this Article.

(ii) Beginning January 1, 1996, no duty disability benefit that has been payable under this Section for at least 10 years shall be less than 50% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll, regardless of whether that removal occurred before the effective date of this amendatory Act of 1995. Beginning on January 1, 2000, no duty disability benefit that has been payable under this Section for at least 7 years shall be less than 60% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll, regardless of whether that removal occurred before the effective date of this amendatory Act of the 92nd General Assembly.

(iii) If the Board finds that the disability of the policeman is of such a nature as to permanently render him totally disabled for any service of a remunerative character, the duty disability benefit shall be 75% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll. In the case of a policeman receiving a duty disability benefit under this Section on the effective date of this amendatory Act of the 92nd General Assembly, the increase in benefit provided by this amendatory Act, if any, shall begin to accrue as of the date that the Board makes the required finding of permanent total disability, regardless of whether removal from the payroll occurred before the effective date of this amendatory Act.

(b) The policeman shall also have a right to child's disability benefit of $100 per month for each unmarried child, the issue of the policeman, less than age 18, but the total amount of child's disability benefit shall not exceed 25% of his salary as defined in this Article. The increase in child's disability benefit provided by this amendatory Act of the 92nd General Assembly applies beginning January 1, 2000 to all such benefits payable on or after that date, regardless of whether the disabled policeman is in active service on or after the effective date of this amendatory Act.

(c) Duty disability benefit shall be payable until the policeman becomes age 63 or would have been retired by operation of law, whichever is later, and child's disability benefit shall be paid during any such period of disability until the child attains age 18. Thereafter the policeman shall receive the annuity provided in accordance with the other provisions of this Article.

(d) A policeman who suffers a heart attack during the performance and discharge of his or her duties as a policeman shall be considered injured in the performance of an act of duty and shall be eligible for all benefits that the City provides for police officers injured in the performance of an act of duty. This subsection (d) is a restatement of existing law and applies without regard to whether the policeman is in service on or after the effective date of Public Act 89-12 or this amendatory Act of 1996.

(e) A policeman who is injured as a result of a bullet shot from a firearm in the performance of an act of duty or is physically injured in the performance of an act of duty shall be rebuttably presumed to have a disability of such a nature as to permanently render him or her totally disabled for any service of a remunerative character. Immediately upon application for a duty disability benefit, the policeman shall be entitled to an interim duty disability benefit equal to 75% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll if (1) he or she is not entitled to receive salary or any other injured-on-duty benefit for that injury and (2) a licensed and practicing physician has not medically authorized the policeman to return to service. The interim duty disability benefit shall terminate upon the earlier of: (i) the occurrence of any event or condition that would terminate a duty disability benefit under this Article; (ii) the commencement of a duty disability benefit; or (iii) the Board's determination that the policeman is not entitled to a duty disability benefit.

If the Board finds that the policeman is not entitled to a duty disability benefit, the policeman shall repay to the Fund the amount of the interim duty disability benefit received. If the Board finds that the policeman is entitled to a lesser duty disability benefit amount than the interim duty disability amount, the policeman shall repay to the Fund the amount of the interim duty disability benefit received that was in excess of the duty disability benefit to which the policeman was entitled.

(Source: P.A. 92-52, eff. 7-12-01.)

Section 90. The State Mandates Act is amended by adding Section 8.47 as follows:

(30 ILCS 805/8.47 new)

Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 103rd General Assembly.

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