State of Illinois
90th General Assembly
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90_SB1826

      40 ILCS 5/5-154           from Ch. 108 1/2, par. 5-154
          Amends the Chicago Police Article of the Pension Code  to
      increase  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.
                                                     LRB9009022EGfg
                                               LRB9009022EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 5-154 and to amend the State Mandates Act.
 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 5-154 as follows:
 7        (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
 8        Sec. 5-154.  Duty disability benefit; child's  disability
 9    benefit.
10        (a)  An active policeman who becomes disabled on or after
11    the  effective  date  as  the result of injury incurred on or
12    after such date in the performance of an act of duty,  has  a
13    right to receive duty disability benefit during any period of
14    such disability for which he does not have a right to receive
15    salary,  equal  to 75% of his salary, as salary is defined in
16    this Article, at the time the disability is  allowed;  or  in
17    the  case  of  a  policeman on duty disability who returns to
18    active employment at any time for a  period  of  at  least  2
19    years  and  is  again disabled from the same cause or causes,
20    75% of his salary, as salary is defined in this  Article,  at
21    the  time  disability  is  allowed;  provided,  that  if  the
22    disability  resulted  from  any  physical  defect  or  mental
23    disorder  or any disease which existed at the time the injury
24    was sustained, or if the disability is less than 50% of total
25    disability for any service of a remunerative  character,  the
26    duty  disability benefit shall be 50% of salary as defined in
27    this Article.  However, beginning January 1,  1996,  no  duty
28    disability  benefit  that has been payable under this Section
29    for at least 10 years shall be less than 50% of  the  current
30    salary  attached  from  time  to time to the rank held by the
31    policeman at the time of removal from the  police  department
                            -2-                LRB9009022EGfg
 1    payroll.  In the case of a person receiving a duty disability
 2    benefit  under  this  Section  on  the effective date of this
 3    amendatory Act of 1998, the increase in benefit  provided  by
 4    this amendatory Act, if any, shall begin to accrue on January
 5    1,  1999, regardless of whether the that removal from payroll
 6    occurred before the effective date of this amendatory Act  of
 7    1998 1995.
 8        (b)  The  policeman  shall  also  have a right to child's
 9    disability benefit of $30 per month for each unmarried child,
10    the issue of the policeman, less than age 18, but  the  total
11    amount  of child's disability benefit shall not exceed 25% of
12    his salary as defined in this Article.
13        (c)  Duty disability benefit shall be payable  until  the
14    policeman  becomes  age  63  or  would  have  been retired by
15    operation of law, whichever is later, and child's  disability
16    benefit  shall  be  paid during any such period of disability
17    until the child attains age  18.   Thereafter  the  policeman
18    shall  receive  the  annuity  provided in accordance with the
19    other provisions of this Article.
20        (d)  A policeman who suffers a heart  attack  during  the
21    performance and discharge of his or her duties as a policeman
22    shall  be  considered injured in the performance of an act of
23    duty and shall be eligible for all  benefits  that  the  City
24    provides for police officers injured in the performance of an
25    act  of  duty.   This  subsection  (d)  is  a  restatement of
26    existing law  and  applies  without  regard  to  whether  the
27    policeman  is  in  service  on or after the effective date of
28    Public Act 89-12 or this amendatory Act of 1996.
29    (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)
30        Section 90.  The State Mandates Act is amended by  adding
31    Section 8.22 as follows:
32        (30 ILCS 805/8.22 new)
                            -3-                LRB9009022EGfg
 1        Sec.  8.22.  Exempt  mandate.  Notwithstanding Sections 6
 2    and 8 of this Act, no reimbursement by the State is  required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of 1998.
 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.

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