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(65 ILCS 5/10-1-38.1) (from Ch. 24, par. 10-1-38.1)
Sec. 10-1-38.1.
When the force of the Fire Department or of the Police
Department is reduced, and positions displaced or abolished, seniority
shall prevail, and the officers and members so reduced in rank, or removed
from the service of the Fire Department or of the Police Department shall
be considered furloughed without pay from the positions from which they
were reduced or removed.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions, are reinstated, such members
and officers of the Fire Department or of the Police Department as are
furloughed from the said positions shall be notified by registered mail of
such reinstatement of positions and shall have prior right to such
positions if otherwise qualified, and in all cases seniority shall prevail.
Written application for such reinstated position must be made by the
furloughed person within 30 days after notification as above provided and
such person may be required to submit to examination by physicians, advanced practice registered nurses, or physician assistants of both
the commission and the appropriate pension board to determine his physical
fitness.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
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