State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ Senate Amendment 002 ]

90_SB0194eng

      40 ILCS 5/1-113           from Ch. 108 1/2, par. 1-113
          Amends the General  Provisions  Article  of  the  Pension
      Code.   In  the  Section  on  investment  authority,  makes a
      technical change.  Effective immediately.
                                                     LRB9000607EGfg
SB194 Engrossed                                LRB9000607EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 22-307.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing Section 22-307 as follows:
 7        (40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
 8        Sec.  22-307.  Common  law  or  statutory  rights barred.
 9    Whenever any city or village enacts an ordinance pursuant  to
10    this  Division,  no  common law or statutory right to recover
11    damages against such city or  village  for  injury  or  death
12    sustained  by  any  policeman or fireman while engaged in the
13    line of his duty as such policeman or fireman, other than the
14    payment of the allowances of money and of  the  medical  care
15    and  hospital  treatment provided in such ordinance, shall be
16    available to any policeman or fireman who is covered  by  the
17    provisions   of  such  ordinance,  or  to  anyone  wholly  or
18    partially dependent upon such policeman or fireman, or to the
19    legal representative of  the  estate  of  such  policeman  or
20    fireman,  or  to  anyone  who  would otherwise be entitled to
21    recover damages for such injury or death.   Nothing  in  this
22    Division  3 relieves any municipality with a population under
23    500,000 of its duties under the Workers' Compensation Act  or
24    the  Workers'  Occupational  Diseases  Act.   Nothing in this
25    Division  3  prevents  any  policeman   or   fireman   in   a
26    municipality  with  a  population under 500,000 from recovery
27    under  the  Workers'  Compensation  Act   or   the   Workers'
28    Occupational Diseases Act.
29        If  any  action against such city or village to enforce a
30    common  law  or  statutory  right  to  recover  damages   for
31    negligently  causing  the injury or death of any policeman or
SB194 Engrossed             -2-                LRB9000607EGfg
 1    fireman, is pending, for trial or on appeal, at the time this
 2    Division shall come in force or is so  pending  at  the  time
 3    such  ordinance  is  enacted,  the  amount  of  any  award or
 4    allowance of money made pursuant to such ordinance shall  not
 5    be paid while such action is so pending and shall be reduced,
 6    before  payment,  by  the  amount  of  any  judgment obtained
 7    against such city or village in such pending action; or  such
 8    allowance of money, if already paid, together with all moneys
 9    expended  pursuant  to  such  ordinance  for medical care and
10    hospital expenses, may be  set  off  against  such  judgment,
11    either  in  such  pending action or through other appropriate
12    action by such city or village.
13    (Source: Laws 1963, p. 161.)
14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.

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