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92_HB1891
LRB9207354EGfg
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 in
15 this Article, at the time the disability is allowed; or in
16 the case of a policeman on duty disability who returns to
17 active employment at any time for a period of at least 2
18 years and is again disabled from the same cause or causes,
19 75% of his salary, as salary is defined in this Article, at
20 the time disability is allowed; provided, that if the
21 disability resulted from any physical defect or mental
22 disorder or any disease which existed at the time the injury
23 was sustained, or if the disability is less than 50% of total
24 disability for any service of a remunerative character, the
25 duty disability benefit shall be 50% of salary as defined in
26 this Article. However, beginning January 1, 1996, no duty
27 disability benefit that has been payable under this Section
28 for at least 10 years shall be less than 50% of the 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, regardless of whether that removal occurred before
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1 the effective date of this amendatory Act 1995.
2 (b) The policeman shall also have a right to child's
3 disability benefit of $100 $30 per month for each natural or
4 legally adopted unmarried child, the issue of the policeman,
5 less than age 18, but the total amount of child's disability
6 benefit shall not exceed 25% of his salary as defined in this
7 Article. The increase in child's disability benefit provided
8 by this amendatory Act of the 92nd General Assembly applies
9 to all such benefits payable on or after the effective date
10 of this amendatory Act, regardless of whether the disabled
11 policeman is in active service on or after that effective
12 date.
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 (40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1)
31 Sec. 5-154.1. Occupational disease disability benefit.
32 (a) The General Assembly finds that service in the
33 police department requires police officers in times of stress
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1 and danger to perform unusual tasks; that police officers are
2 subject to exposure to extreme heat or extreme cold in
3 certain seasons while performing their duties; and that these
4 conditions exist and arise out of or in the course of
5 employment.
6 (b) Any police officer with at least 10 years of service
7 who suffers a heart attack or any other disabling heart
8 disease but is not entitled to a benefit under Section 5-154
9 is entitled to receive an occupational disease disability
10 benefit under this Section. The occupational disease
11 disability benefit shall be 65% of the salary attached to the
12 rank held by the police officer in the police service at the
13 time of his or her removal from the police department
14 payroll. However, no occupational disease disability benefit
15 that has been payable under this Section for at least 10
16 years shall be less than 50% of the current salary attached
17 from time to time to the rank held by the police officer at
18 the time of his or her removal from the police department
19 payroll.
20 The police officer is also entitled to a child's
21 disability benefit of $100 $50 per month for each natural or
22 legally adopted unmarried child less than age 18 dependent
23 upon the police officer for support. The total child's
24 disability benefit shall not exceed 10% of the police
25 officer's salary at the time of removal from the police
26 department payroll. The increase in child's disability
27 benefit provided by this amendatory Act of the 92nd General
28 Assembly applies to all such benefits payable on or after the
29 effective date of this amendatory Act, regardless of whether
30 the disabled policeman is in active service on or after that
31 effective date.
32 The occupational disease disability benefit is payable
33 during the period of disability until the police officer
34 attains age 63 or compulsory retirement age, whichever occurs
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1 later; thereafter the police officer shall receive the
2 benefits provided under the other provisions of this Article.
3 If the police officer ceases to be disabled, the occupational
4 disease disability benefit shall cease.
5 The child's disability benefit is payable during the
6 period of disability until the child attains age 18 or
7 marries, whichever event occurs first, except that a benefit
8 payable on account of a child under this Section shall not be
9 reduced or terminated by reason of the child's attainment of
10 age 18 if he or she is then dependent by reason of a physical
11 or mental disability, but shall continue to be paid as long
12 as the child's dependency and disability continue.
13 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)
14 Section 90. The State Mandates Act is amended by adding
15 Section 8.25 as follows:
16 (30 ILCS 805/8.25 new)
17 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
18 and 8 of this Act, no reimbursement by the State is required
19 for the implementation of any mandate created by this
20 amendatory Act of the 92nd General Assembly.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.