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90_HB2309
30 ILCS 805/8.21 new
40 ILCS 5/5-156.1 new
65 ILCS 5/10-1-47.1 new
Amends the State Mandates Act, the Pension Code, and the
Illinois Municipal Code. Provides that a Chicago policeman
disabled while performing his or her duties who is unable to
return to active duty but is able to perform limited duties
for the police department shall be employed by the police
department to perform those duties. Provides that
limited-duty employment does not make the policeman
ineligible to continue to receive a duty disability benefit.
Provides that the sum of the duty disability benefit and the
compensation received for limited-duty employment shall not
exceed 100% of the salary that the policeman would be
eligible to receive if the policeman returned to active duty.
Amends the State Mandates Act to require implementation
without reimbursement. Effective immediately.
LRB9007265MWpc
LRB9007265MWpc
1 AN ACT concerning certain disabled law enforcement
2 officers, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Mandates Act is amended by adding
6 Section 8.21 as follows:
7 (30 ILCS 805/8.21 new)
8 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
9 and 8 of this Act, no reimbursement by the State is required
10 for the implementation of any mandate created by this
11 amendatory Act of 1997.
12 Section 10. The Illinois Pension Code is amended by
13 adding Section 5-156.1 as follows:
14 (40 ILCS 5/5-156.1 new)
15 Sec. 5-156.1. Limited-duty employment. Notwithstanding
16 any other provision of law, beginning January 1, 1998 and
17 without regard to whether the injury occurred before that
18 date, a policeman receiving a duty disability benefit under
19 Section 5-154 who remains disabled and unable to return to
20 full active duty but is able to perform limited duties for
21 the police department shall, at the policeman's request, be
22 employed by the police department to perform some or all of
23 those limited duties. This limited-duty employment does not
24 make the policeman ineligible to continue to receive a duty
25 disability benefit for as long as he or she remains unable to
26 return to full active duty, but the sum of the duty
27 disability benefit and the compensation received for the
28 limited-duty employment shall not exceed 100% of the salary
29 that the policeman would be eligible to receive if he or she
-2- LRB9007265MWpc
1 were able to return to full-time active duty. The policeman
2 shall not receive additional creditable service under this
3 Article for limited-duty employment during disability.
4 Section 15. The Illinois Municipal Code is amended by
5 adding Section 10-1-47.1 as follows:
6 (65 ILCS 5/10-1-47.1 new)
7 Sec. 10-1-47.1. Disability leave; return to limited
8 duty. Subject to the provisions of Section 5-156.1 of the
9 Pension Code, an officer of the police department of a
10 municipality of 1,000,000 or more who is disabled while
11 performing his or her duties and is unable to return to
12 active duty in his or her certified position but is able to
13 perform limited duties for the police department shall, at
14 that officer's request, be employed by the police department
15 to perform some or all of those limited duties. The
16 provisions of this Section are a limitation under subsection
17 (i) of Section 6 of Article VII of the Illinois Constitution
18 on the concurrent exercise by home rule units of powers and
19 functions exercised by the State.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.