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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
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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)
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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.