Full Text of HB2579 096th General Assembly
HB2579 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2579
Introduced 2/20/2009, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/5-154 |
from Ch. 108 1/2, par. 5-154 |
30 ILCS 805/8.33 new |
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Amends the Chicago Police Article of the Illinois Pension Code. Beginning January 1, 2010, increases the duty disability benefit 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. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB2579 |
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LRB096 06177 AMC 16259 b |
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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 |
| Section 5-154 as follows:
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| (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
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| Sec. 5-154. Duty disability benefit; child's disability | 8 |
| benefit.
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| (a) An active policeman who becomes disabled
on or after | 10 |
| the
effective date as the result of injury incurred on or after | 11 |
| such
date in the performance of an act of duty, has a right to | 12 |
| receive duty
disability benefit during any period of such | 13 |
| disability for which he
does not have a right to receive | 14 |
| salary, equal to 75% of his salary, as
salary is defined in | 15 |
| this Article, at the time the disability is allowed;
or in the | 16 |
| case of a policeman on duty disability who returns
to active | 17 |
| employment at any time for a period of at least 2
years and is | 18 |
| again disabled from the same cause or causes,
75% of his | 19 |
| salary, as salary is defined in this Article, at
the time | 20 |
| disability is allowed; provided, however, that:
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| (i) If the disability resulted from any physical defect | 22 |
| or mental
disorder or any disease which existed at the time | 23 |
| the injury was
sustained, or if the disability is less than |
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HB2579 |
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LRB096 06177 AMC 16259 b |
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| 50% of total disability for
any service of a remunerative | 2 |
| character, the duty disability benefit
shall be 50% of | 3 |
| salary as defined in this Article.
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| (ii) Beginning January 1, 1996, no duty disability
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| benefit that has been payable under this Section for at | 6 |
| least 10 years shall be
less than 50% of the current salary | 7 |
| attached from time to time to the rank held
by the | 8 |
| policeman at the time of removal from the police department | 9 |
| payroll,
regardless of whether that removal occurred | 10 |
| before the effective date of this
amendatory Act of 1995.
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| Beginning on January 1, 2000, no duty disability benefit | 12 |
| that has
been payable under this Section for at least 7 | 13 |
| years shall be less than 60% of
the current salary attached | 14 |
| from time to time to the rank held by the policeman
at the | 15 |
| time of removal from the police department payroll, | 16 |
| regardless of
whether that removal occurred before the | 17 |
| effective date of this amendatory
Act of the 92nd General | 18 |
| Assembly. Beginning on January 1, 2010, no duty disability | 19 |
| benefit that is
payable under this Section shall be less | 20 |
| than 75% of
the current salary attached from time to time | 21 |
| to the rank held by the policeman
at the time of removal | 22 |
| from the police department payroll, regardless of
whether | 23 |
| that removal occurred before the effective date of this | 24 |
| amendatory
Act of the 96th General Assembly.
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| (iii) If the Board finds that the disability of the | 26 |
| policeman is of such
a nature as to permanently render him |
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HB2579 |
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LRB096 06177 AMC 16259 b |
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| totally disabled for any service of a
remunerative | 2 |
| character, the duty disability benefit shall be 75% of the | 3 |
| current
salary attached from time to time to the rank held | 4 |
| by the policeman at the time
of removal from the police | 5 |
| department payroll. In the case of a policeman
receiving a | 6 |
| duty disability benefit under this Section on the effective | 7 |
| date
of this amendatory Act of the 92nd General Assembly, | 8 |
| the increase in benefit
provided by this amendatory Act, if | 9 |
| any, shall begin to accrue as of the date
that the Board | 10 |
| makes the required finding of permanent total disability,
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| regardless of whether removal from the payroll occurred | 12 |
| before the effective
date of this amendatory Act.
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| (b) The policeman shall also have a right to child's | 14 |
| disability benefit
of $100 per month for each unmarried child, | 15 |
| the issue of the
policeman, less than age 18, but the total | 16 |
| amount of child's disability benefit
shall not exceed 25% of | 17 |
| his salary as defined in this Article. The increase
in child's | 18 |
| disability benefit provided by this amendatory Act of the 92nd
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| General Assembly applies beginning January 1, 2000 to all such | 20 |
| benefits payable
on or after that date, regardless of whether | 21 |
| the disabled policeman is in
active service on or after the | 22 |
| effective date of this amendatory Act.
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| (c) Duty disability benefit shall be payable until the | 24 |
| policeman
becomes age 63 or would have been retired by | 25 |
| operation of law, whichever
is later, and child's disability | 26 |
| benefit shall be paid during any such
period of disability |
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HB2579 |
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LRB096 06177 AMC 16259 b |
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| until the child attains age 18. Thereafter the
policeman shall | 2 |
| receive the annuity provided in accordance with the
other | 3 |
| provisions of this Article.
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| (d) A policeman who suffers a heart attack during the | 5 |
| performance
and discharge of his or her duties as a policeman | 6 |
| shall be considered
injured in the performance of an act of | 7 |
| duty and shall be eligible for
all benefits that the City | 8 |
| provides for police officers injured in the
performance of an | 9 |
| act of duty. This subsection (d) is a restatement of
existing | 10 |
| law and applies without regard to whether the policeman is in | 11 |
| service
on or after the effective date of Public Act 89-12 or | 12 |
| this amendatory Act of
1996.
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| (Source: P.A. 92-52, eff. 7-12-01.)
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| Section 90. The State Mandates Act is amended by adding | 15 |
| Section 8.33 as follows: | 16 |
| (30 ILCS 805/8.33 new) | 17 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 |
| of this Act, no reimbursement by the State is required for the | 19 |
| implementation of any mandate created by this amendatory Act of | 20 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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