State of Illinois
90th General Assembly
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90_SB0656

      40 ILCS 5/22-307          from Ch. 108 1/2, par. 22-307
          Amends Article 22, Division 3  of  the  Pension  Code  in
      relation  to  benefits  for  an injured policeman or fireman.
      Deletes  provisions  limiting  statutory  rights  to  recover
      damages.  Provides that nothing in Division  3  relieves  any
      municipality  of  its  duties under the Workers' Compensation
      Act or the Workers' Occupational Diseases Act or prevents any
      policeman  or  fireman  from  recovery  under   those   Acts.
      Effective immediately.
                                                    LRB9002744EGfgA
                                              LRB9002744EGfgA
 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 of its duties under  the
23    Workers'   Compensation  Act  or  the  Workers'  Occupational
24    Diseases Act.   Nothing  in  this  Division  3  prevents  any
25    policeman   or  fireman  from  recovery  under  the  Workers'
26    Compensation Act or the Workers' Occupational Diseases Act.
27        If any action against such city or village to  enforce  a
28    common   law  or  statutory  right  to  recover  damages  for
29    negligently causing the injury or death of any  policeman  or
30    fireman, is pending, for trial or on appeal, at the time this
31    Division  shall  come  in  force or is so pending at the time
                            -2-               LRB9002744EGfgA
 1    such ordinance  is  enacted,  the  amount  of  any  award  or
 2    allowance  of money made pursuant to such ordinance shall not
 3    be paid while such action is so pending and shall be reduced,
 4    before payment,  by  the  amount  of  any  judgment  obtained
 5    against  such city or village in such pending action; or such
 6    allowance of money, if already paid, together with all moneys
 7    expended pursuant to such  ordinance  for  medical  care  and
 8    hospital  expenses,  may  be  set  off against such judgment,
 9    either in such pending action or  through  other  appropriate
10    action by such city or village.
11    (Source: Laws 1963, p. 161.)
12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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