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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB0266enr HB0266 Enrolled LRB9203796EGfgA 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Sections 5-154, 5-154.1, 5-157, 5-167.1, and 5-212 6 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, however, that: 22 (i) If the disability resulted from any physical 23 defect or mental disorder or any disease which existed at 24 the time the injury was sustained, or if the disability 25 is less than 50% of total disability for any service of a 26 remunerative character, the duty disability benefit shall 27 be 50% of salary as defined in this Article. 28 (ii)However,Beginning January 1, 1996, no duty 29 disability benefit that has been payable under this 30 Section for at least 10 years shall be less than 50% of 31 the current salary attached from time to time to the rank HB0266 Enrolled -2- LRB9203796EGfgA 1 held by the policeman at the time of removal from the 2 police department payroll, regardless of whether that 3 removal occurred before the effective date of this 4 amendatory Act of 1995. Beginning on January 1, 2000, no 5 duty disability benefit that has been payable under this 6 Section for at least 7 years shall be less than 60% of 7 the current salary attached from time to time to the rank 8 held by the policeman at the time of removal from the 9 police department payroll, regardless of whether that 10 removal occurred before the effective date of this 11 amendatory Act of the 92nd General Assembly. 12 (iii) If the Board finds that the disability of the 13 policeman is of such a nature as to permanently render 14 him totally disabled for any service of a remunerative 15 character, the duty disability benefit shall be 75% of 16 the current salary attached from time to time to the rank 17 held by the policeman at the time of removal from the 18 police department payroll. In the case of a policeman 19 receiving a duty disability benefit under this Section on 20 the effective date of this amendatory Act of the 92nd 21 General Assembly, the increase in benefit provided by 22 this amendatory Act, if any, shall begin to accrue as of 23 the date that the Board makes the required finding of 24 permanent total disability, regardless of whether removal 25 from the payroll occurred before the effective date of 26 this amendatory Act. 27 (b) The policeman shall also have a right to child's 28 disability benefit of $100$30per month for each unmarried 29 child, the issue of the policeman, less than age 18, but the 30 total amount of child's disability benefit shall not exceed 31 25% of his salary as defined in this Article. The increase 32 in child's disability benefit provided by this amendatory Act 33 of the 92nd General Assembly applies beginning January 1, 34 2000 to all such benefits payable on or after that date, HB0266 Enrolled -3- LRB9203796EGfgA 1 regardless of whether the disabled policeman is in active 2 service on or after the effective date of this amendatory 3 Act. 4 (c) Duty disability benefit shall be payable until the 5 policeman becomes age 63 or would have been retired by 6 operation of law, whichever is later, and child's disability 7 benefit shall be paid during any such period of disability 8 until the child attains age 18. Thereafter the policeman 9 shall receive the annuity provided in accordance with the 10 other provisions of this Article. 11 (d) A policeman who suffers a heart attack during the 12 performance and discharge of his or her duties as a policeman 13 shall be considered injured in the performance of an act of 14 duty and shall be eligible for all benefits that the City 15 provides for police officers injured in the performance of an 16 act of duty. This subsection (d) is a restatement of 17 existing law and applies without regard to whether the 18 policeman is in service on or after the effective date of 19 Public Act 89-12 or this amendatory Act of 1996. 20 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.) 21 (40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1) 22 Sec. 5-154.1. Occupational disease disability benefit. 23 (a) The General Assembly finds that service in the 24 police department requires police officers in times of stress 25 and danger to perform unusual tasks; that police officers are 26 subject to exposure to extreme heat or extreme cold in 27 certain seasons while performing their duties; and that these 28 conditions exist and arise out of or in the course of 29 employment. 30 (b) Any police officer with at least 10 years of service 31 who suffers a heart attack or any other disabling heart 32 disease but is not entitled to a benefit under Section 5-154 33 is entitled to receive an occupational disease disability HB0266 Enrolled -4- LRB9203796EGfgA 1 benefit under this Section. The occupational disease 2 disability benefit shall be 65% of the salary attached to the 3 rank held by the police officer in the police service at the 4 time of his or her removal from the police department 5 payroll. However, no occupational disease disability benefit 6 that has been payable under this Section for at least 10 7 years shall be less than 50% of the current salary attached 8 from time to time to the rank held by the police officer at 9 the time of his or her removal from the police department 10 payroll. 11 The police officer is also entitled to a child's 12 disability benefit of $100$50per month for each natural or 13 legally adopted unmarried child less than age 18 dependent 14 upon the police officer for support. The total child's 15 disability benefit shall not exceed 10% of the police 16 officer's salary at the time of removal from the police 17 department payroll. The increase in child's disability 18 benefit provided by this amendatory Act of the 92nd General 19 Assembly applies beginning January 1, 2000 to all such 20 benefits payable on or after that date, regardless of whether 21 the disabled policeman is in active service on or after the 22 effective date of this amendatory Act. 23 The occupational disease disability benefit is payable 24 during the period of disability until the police officer 25 attains age 63 or compulsory retirement age, whichever occurs 26 later; thereafter the police officer shall receive the 27 benefits provided under the other provisions of this Article. 28 If the police officer ceases to be disabled, the occupational 29 disease disability benefit shall cease. 30 The child's disability benefit is payable during the 31 period of disability until the child attains age 18 or 32 marries, whichever event occurs first, except that a benefit 33 payable on account of a child under this Section shall not be 34 reduced or terminated by reason of the child's attainment of HB0266 Enrolled -5- LRB9203796EGfgA 1 age 18 if he or she is then dependent by reason of a physical 2 or mental disability, but shall continue to be paid as long 3 as the child's dependency and disability continue. 4 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.) 5 (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157) 6 Sec. 5-157. Administration of disability benefits. 7 (a) If a policeman who is granted duty or ordinary 8 disability benefit refuses to submit to examination by a 9 physician appointed by the board, he shall have no further 10 right to receive the benefit. 11 (b) A policeman who has withdrawn from service while 12 disabled and entered upon annuity prior to the effective 13 date, and who has thereafter been reinstated as a policeman, 14 shall have no right to ordinary disability benefit in excess 15 of the amount previously received unless he serves at least 16 one year after such reinstatement. This provision shall 17 apply throughout the duration of any disability incurred by 18 the policeman within one year after his reinstatement 19 resulting from any cause other than injury incurred in the 20 performance of an act of duty. 21 (c) Until the effective date of this amendatory Act of 22 the 92nd General Assembly, a policeman who assumes regular 23 employment for compensation, while in receipt of ordinary or 24 duty disability benefits, shall not be entitled to receive 25 any amount of such disability benefits which, when added to 26 his compensation for such employment during disability, would 27 exceed 150% of the rate of salary which would be paid to him 28 if he were working in his regularly appointed civil service 29 position as a policeman. The changes made to this Section by 30 Publicthis amendatoryAct 90-766of 1998are not limited to 31 persons in service on or after the effective date of that 32this amendatoryAct. 33 Beginning on the effective date of this amendatory Act of HB0266 Enrolled -6- LRB9203796EGfgA 1 the 92nd General Assembly, the reduction of disability 2 benefits due to compensation for employment previously 3 imposed under this subsection (c) no longer applies to any 4 person receiving a disability benefit under this Article, 5 without regard to whether the person is in service on or 6 after that date. The removal of this limitation by this 7 amendatory Act is not retroactive and does not entitle any 8 person to the restoration of amounts previously reduced or 9 withheld under this subsection. 10 (d) Disability benefit shall not be paid for any part of 11 time for which a disabled policeman shall receive any part of 12 his salary. 13 (e) Except as herein otherwise provided, disability 14 benefit shall not be paid for any disability based upon or 15 caused by any mental or physical defect which the policeman 16 had at the time he entered the police service. 17 (f) Disability benefit shall not be allowed to any 18 policeman who re-enters the public service in any capacity 19 where his salary is payable in whole or in part by taxes 20 levied upon taxable property in the city in which this 21 Article is in effect, or out of special revenues of any 22 department of the city. The disability benefit shall be 23 suspended during the period he is in the public service for 24 compensation, and shall be resumed when he withdraws from 25 such service. 26 (g) Any disability benefit paid in violation of this 27 Section or of this Article shall be construed to have been 28 paid in error, and the amounts so paid shall be charged as a 29 debit in the account of any person to whom the same was paid 30 and shall be deducted from any moneys thereafter payable to 31 such person out of this fund, or to the widow, heirs or 32 estate of such person. 33 (Source: P.A. 90-766, eff. 8-14-98.) HB0266 Enrolled -7- LRB9203796EGfgA 1 (40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1) 2 Sec. 5-167.1. Automatic increase in annuity; retirement 3 from service after September 1, 1967. 4 (a) A policeman who retires from service after September 5 1, 1967 with at least 20 years of service credit shall, upon 6 either the first of the month following the first anniversary 7 of his date of retirement if he is age 60 (age 55 if born 8 before January 1, 19501945) or over on that anniversary 9 date, or upon the first of the month following his attainment 10 of age 60 (age 55 if born before January 1, 19501945) if it 11 occurs after the first anniversary of his retirement date, 12 have his then fixed and payable monthly annuity increased by 13 1 1/2% and such first fixed annuity as granted at retirement 14 increased by an additional 1 1/2% in January of each year 15 thereafter up to a maximum increase of 30%. Beginning 16 January 1, 1983 for policemen born before January 1, 1930, 17 and beginning January 1, 1988 for policemen born on or after 18 January 1, 1930 but before January 1, 1940, and beginning 19 January 1, 1996 for policemen born on or after January 1, 20 1940 but before January 1, 1945, and beginning January 1, 21 2000 for policemen born on or after January 1, 1945 but 22 before January 1, 1950, such increases shall be 3% and such 23 policemen shall not be subject to the 30% maximum increase. 24 Any policeman born before January 1, 1945 who qualifies 25 for a minimum annuity and retires after September 1, 1967 but 26 has not received the initial increase under this subsection 27 before January 1, 1996 is entitled to receive the initial 28 increase under this subsection on (1) January 1, 1996, (2) 29 the first anniversary of the date of retirement, or (3) 30 attainment of age 55, whichever occurs last. The changes to 31 this Section made by Public Act 89-12this amendatory Act of321995apply beginning January 1, 1996 and without regard to 33 whether the policeman or annuitant terminated service before 34 the effective date of thatthis amendatoryActof 1995. HB0266 Enrolled -8- LRB9203796EGfgA 1 Any policeman born before January 1, 1950 who qualifies 2 for a minimum annuity and retires after September 1, 1967 but 3 has not received the initial increase under this subsection 4 before January 1, 2000 is entitled to receive the initial 5 increase under this subsection on (1) January 1, 2000, (2) 6 the first anniversary of the date of retirement, or (3) 7 attainment of age 55, whichever occurs last. The changes to 8 this Section made by this amendatory Act of the 92nd General 9 Assembly apply without regard to whether the policeman or 10 annuitant terminated service before the effective date of 11 this amendatory Act. 12 (b) Subsection (a) of this Section is not applicable to 13 an employee receiving a term annuity. 14 (c) To help defray the cost of such increases in 15 annuity, there shall be deducted, beginning September 1, 16 1967, from each payment of salary to a policeman, 1/2 of 1% 17 of each salary payment concurrently with and in addition to 18 the salary deductions otherwise made for annuity purposes. 19 The city, in addition to the contributions otherwise made 20 by it for annuity purposes under other provisions of this 21 Article, shall make matching contributions concurrently with 22 such salary deductions. 23 Each such 1/2 of 1% deduction from salary and each such 24 contribution by the city of 1/2 of 1% of salary shall be 25 credited to the Automatic Increase Reserve, to be used to 26 defray the cost of the 1 1/2% annuity increase provided by 27 this Section. Any balance in such reserve as of the 28 beginning of each calendar year shall be credited with 29 interest at the rate of 3% per annum. 30 Such deductions from salary and city contributions shall 31 continue while the policeman is in service. 32 The salary deductions provided in this Section are not 33 subject to refund, except to the policeman himself, in any 34 case in which a policeman withdraws prior to qualification HB0266 Enrolled -9- LRB9203796EGfgA 1 for minimum annuity and applies for refund or applies for 2 annuity, and also where a term annuity becomes payable. In 3 such cases, the total of such salary deductions shall be 4 refunded to the policeman, without interest, and charged to 5 the Automatic Increase Reserve. 6 (Source: P.A. 89-12, eff. 4-20-95.) 7 (40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212) 8 Sec. 5-212. Computation of service. In computing the 9 service rendered by a policeman prior to the effective date, 10 the following periods shall be counted, in addition to all 11 periods during where he performed the duties of his position, 12 as periods of service for annuity purposes only: all periods 13 of (a) vacation; (b) leave of absence with whole or part pay; 14 (c) leave of absence without pay on account of disability; 15 and (d) leave of absence during which the policeman was 16 engaged in the military or naval service of the United States 17 of America. Service credit shall not be allowed for a 18 policeman in receipt of a pension on account of disability 19 from any pension fund superseded by this fund. 20 In computing the service rendered by a policeman on or 21 after the effective date, the following periods shall be 22 counted, in addition to all periods during which he performed 23 the duties of his position, as periods of service for annuity 24 purposes only: all periods of (a) vacation; (b) leave of 25 absence with whole or part pay; (c) leave of absence during 26 which the policeman was engaged in the military or naval 27 service of the United States of America; (d) time that the 28 policeman was engaged in the military or naval service of the 29 United States of America, during which he was passed over on 30 any eligible list posted from an entrance examination, due to 31 the fact that he was in such military or naval service at the 32 time he was called for appointment to the Police Department, 33 to be computed from the date he was passed over on any HB0266 Enrolled -10- LRB9203796EGfgA 1 eligible list and would have been first sworn in as a 2 policeman had he not been engaged in the military or naval 3 service of the United States of America, until the date of 4 his discharge from such military or naval service; provided 5 that such policeman shall pay into this Fund the same amount 6 that would have been deducted from his salary had he been a 7 policeman during the aforementioned portion of such military 8 or naval service; (e) disability for which the policeman 9 receives any disability benefit; (f) disability for which the 10 policeman receives whole or part pay; and (g) service for 11 which credits and creditable service have been transferred to 12 this Fund under Section 9-121.1, 14-105.1 or 15-134.3 of this 13 Code. 14 In computing service on or after the effective date for 15 ordinary disability benefit, all periods described in the 16 preceding paragraph, except any such period for which a 17 policeman receives ordinary disability benefit, shall be 18 counted as periods of service. 19 In computing service for any of the purposes of this 20 Article, no credit shall be given for any period during which 21 a policeman was not rendering active service because of his 22 discharge from the service, unless proceedings to test the 23 legality of the discharge are filed in a court of competent 24 jurisdiction within one year from the date of discharge and a 25 final judgment is entered therein declaring the discharge 26 illegal. 27 No overtime or extra service shall be included in 28 computing service of a policeman and not more than one year 29 or a fractional part thereof of service shall be allowed for 30 service rendered during any calendar year. 31 In computing service for any of the purposes of this 32 Article, credit shall be given for any periodsprior to33January 9, 1997,during which a policeman who is a member of 34 the General Assembly is on leave of absence or is otherwise HB0266 Enrolled -11- LRB9203796EGfgA 1 authorized to be absent from duty to enable him or her to 2 perform legislative duties, notwithstanding any reduction in 3 salary for such periods and notwithstanding that the 4 contributions paid by the policeman were based on a reduced 5 salary rather than the full amount of salary attached to his 6 or her career service rank. 7 (Source: P.A. 89-136, eff. 7-14-95.) 8 Section 90. The State Mandates Act is amended by adding 9 Section 8.25 as follows: 10 (30 ILCS 805/8.25 new) 11 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 12 and 8 of this Act, no reimbursement by the State is required 13 for the implementation of any mandate created by this 14 amendatory Act of the 92nd General Assembly. 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.