[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB1861 LRB9205425EGfg 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 and 5-154.1 as follows: 6 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154) 7 Sec. 5-154. Duty disability benefit; child's disability 8 benefit. 9 (a) An active policeman who becomes disabled on or after 10 the effective date as the result of injury incurred on or 11 after such date in the performance of an act of duty, has a 12 right to receive duty disability benefit during any period of 13 such disability for which he does not have a right to receive 14 salary, equal to 75% of
his salary, as salary is defined in15 this Article, at the time the disability is allowed; or in16 the case of a policeman on duty disability who returns to17 active employment at any time for a period of at least 218 years and is again disabled from the same cause or causes,19 75% of his salary, as salary is defined in this Article, at20 the time disability is allowed; provided, that if the21 disability resulted from any physical defect or mental22 disorder or any disease which existed at the time the injury23 was sustained, or if the disability is less than 50% of total24 disability for any service of a remunerative character, the25 duty disability benefit shall be 50% of salary as defined in26 this Article. However, beginning January 1, 1996, no duty27 disability benefit that has been payable under this Section28 for at least 10 years shall be less than 50% ofthe current 29 salary attached from time to time to the rank held by the 30 policeman at the time of removal from the police department 31 payroll. In the case of a person receiving a duty disability -2- LRB9205425EGfg 1 benefit under this Section on the effective date of this 2 amendatory Act of the 92nd General Assembly, the increase in 3 benefit provided by this amendatory Act, if any, shall begin 4 to accrue on January 1, 2001, regardless of whether the that5 removal from payroll occurred before the effective date of 6 this amendatory Act of the 92nd General Assembly 1995. 7 (b) The policeman shall also have a right to child's 8 disability benefit of $100 $30per month for each unmarried 9 child, the issue of the policeman, less than age 18, but the 10 total amount of child's disability benefit shall not exceed 11 25% of his salary as defined in this Article. The increase 12 in child's disability benefit provided by this amendatory Act 13 of the 92nd General Assembly applies beginning January 1, 14 2000 to all such benefits payable on or after that date, 15 regardless of whether the disabled policeman is in active 16 service on or after the effective date of this amendatory 17 Act. 18 (c) Duty disability benefit shall be payable until the 19 policeman becomes age 63 or would have been retired by 20 operation of law, whichever is later, and child's disability 21 benefit shall be paid during any such period of disability 22 until the child attains age 18. Thereafter the policeman 23 shall receive the annuity provided in accordance with the 24 other provisions of this Article. 25 (d) A policeman who suffers a heart attack during the 26 performance and discharge of his or her duties as a policeman 27 shall be considered injured in the performance of an act of 28 duty and shall be eligible for all benefits that the City 29 provides for police officers injured in the performance of an 30 act of duty. This subsection (d) is a restatement of 31 existing law and applies without regard to whether the 32 policeman is in service on or after the effective date of 33 Public Act 89-12 or this amendatory Act of 1996. 34 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.) -3- LRB9205425EGfg 1 (40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1) 2 Sec. 5-154.1. Occupational disease disability benefit. 3 (a) The General Assembly finds that service in the 4 police department requires police officers in times of stress 5 and danger to perform unusual tasks; that police officers are 6 subject to exposure to extreme heat or extreme cold in 7 certain seasons while performing their duties; and that these 8 conditions exist and arise out of or in the course of 9 employment. 10 (b) Any police officer with at least 10 years of service 11 who suffers a heart attack or any other disabling heart 12 disease but is not entitled to a benefit under Section 5-154 13 is entitled to receive an occupational disease disability 14 benefit under this Section. The occupational disease 15 disability benefit shall be 65% of the salary attached to the 16 rank held by the police officer in the police service at the 17 time of his or her removal from the police department 18 payroll. However, no occupational disease disability benefit 19 that has been payable under this Section for at least 10 20 years shall be less than 50% of the current salary attached 21 from time to time to the rank held by the police officer at 22 the time of his or her removal from the police department 23 payroll. 24 The police officer is also entitled to a child's 25 disability benefit of $100 $50per month for each natural or 26 legally adopted unmarried child less than age 18 dependent 27 upon the police officer for support. The total child's 28 disability benefit shall not exceed 10% of the police 29 officer's salary at the time of removal from the police 30 department payroll. The increase in child's disability 31 benefit provided by this amendatory Act of the 92nd General 32 Assembly applies beginning January 1, 2000 to all such 33 benefits payable on or after that date, regardless of whether 34 the disabled policeman is in active service on or after the -4- LRB9205425EGfg 1 effective date of this amendatory Act. 2 The occupational disease disability benefit is payable 3 during the period of disability until the police officer 4 attains age 63 or compulsory retirement age, whichever occurs 5 later; thereafter the police officer shall receive the 6 benefits provided under the other provisions of this Article. 7 If the police officer ceases to be disabled, the occupational 8 disease disability benefit shall cease. 9 The child's disability benefit is payable during the 10 period of disability until the child attains age 18 or 11 marries, whichever event occurs first, except that a benefit 12 payable on account of a child under this Section shall not be 13 reduced or terminated by reason of the child's attainment of 14 age 18 if he or she is then dependent by reason of a physical 15 or mental disability, but shall continue to be paid as long 16 as the child's dependency and disability continue. 17 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.) 18 Section 90. The State Mandates Act is amended by adding 19 Section 8.25 as follows: 20 (30 ILCS 805/8.25 new) 21 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 22 and 8 of this Act, no reimbursement by the State is required 23 for the implementation of any mandate created by this 24 amendatory Act of the 92nd General Assembly. 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.
[ Top ]