State of Illinois
92nd General Assembly
Legislation

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92_HB4011

                                               LRB9213980EGfg

 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 Section 5-154 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 or she does not have a right to
14    receive salary, equal to 75% of the current  salary  attached
15    from  time  to  time to the rank held by the policeman at the
16    time of removal from the police department payroll.   In  the
17    case of a policeman receiving a duty disability benefit under
18    this  Section on the effective date of this amendatory Act of
19    the 92nd General Assembly, the increase in  benefit  provided
20    by  this  amendatory  Act,  if  any, shall begin to accrue on
21    January 1, 2002,  regardless  of  whether  removal  from  the
22    payroll occurred before the effective date of this amendatory
23    Act. his salary, as salary is defined in this Article, at the
24    time the disability is allowed; or in the case of a policeman
25    on  duty  disability  who returns to active employment at any
26    time for a period of at least 2 years and is  again  disabled
27    from  the  same cause or causes, 75% of his salary, as salary
28    is defined  in  this  Article,  at  the  time  disability  is
29    allowed; provided, however, that:
30             (i)  If  the  disability  resulted from any physical
31        defect or mental disorder or any disease which existed at
 
                            -2-                LRB9213980EGfg
 1        the time the injury was sustained, or if  the  disability
 2        is less than 50% of total disability for any service of a
 3        remunerative character, the duty disability benefit shall
 4        be 50% of salary as defined in this Article.
 5             (ii)  Beginning  January 1, 1996, no duty disability
 6        benefit that has been payable under this Section  for  at
 7        least  10  years  shall  be  less than 50% of the current
 8        salary attached from time to time to the rank held by the
 9        policeman  at  the  time  of  removal  from  the   police
10        department  payroll,  regardless  of whether that removal
11        occurred before the effective date of this amendatory Act
12        of 1995. Beginning on January 1, 2000, no duty disability
13        benefit that has been payable under this Section  for  at
14        least  7  years  shall  be  less  than 60% of the current
15        salary attached from time to time to the rank held by the
16        policeman  at  the  time  of  removal  from  the   police
17        department  payroll,  regardless  of whether that removal
18        occurred before the effective date of this amendatory Act
19        of the 92nd General Assembly.
20             (iii)  If the Board finds that the disability of the
21        policeman is of such a nature as  to  permanently  render
22        him  totally  disabled  for any service of a remunerative
23        character, the duty disability benefit shall  be  75%  of
24        the current salary attached from time to time to the rank
25        held  by  the  policeman  at the time of removal from the
26        police department payroll.  In the case  of  a  policeman
27        receiving a duty disability benefit under this Section on
28        the  effective  date  of  this amendatory Act of the 92nd
29        General Assembly, the increase  in  benefit  provided  by
30        this  amendatory Act, if any, shall begin to accrue as of
31        the date that the Board makes  the  required  finding  of
32        permanent total disability, regardless of whether removal
33        from  the  payroll  occurred before the effective date of
34        this amendatory Act.
 
                            -3-                LRB9213980EGfg
 1        (b)  The policeman shall also have  a  right  to  child's
 2    disability  benefit  of  $100  per  month  for each unmarried
 3    child, the issue of the policeman, less than age 18, but  the
 4    total  amount  of child's disability benefit shall not exceed
 5    25% of his salary as defined in this Article.   The  increase
 6    in child's disability benefit provided by this amendatory Act
 7    of  the  92nd  General  Assembly applies beginning January 1,
 8    2000 to all such benefits payable  on  or  after  that  date,
 9    regardless  of  whether  the  disabled policeman is in active
10    service on or after the effective  date  of  this  amendatory
11    Act.
12        (c)  Duty  disability  benefit shall be payable until the
13    policeman becomes age  63  or  would  have  been  retired  by
14    operation  of law, whichever is later, and child's disability
15    benefit shall be paid during any such  period  of  disability
16    until  the  child  attains  age 18.  Thereafter the policeman
17    shall receive the annuity provided  in  accordance  with  the
18    other provisions of this Article.
19        (d)  A  policeman  who  suffers a heart attack during the
20    performance and discharge of his or her duties as a policeman
21    shall be considered injured in the performance of an  act  of
22    duty  and  shall  be  eligible for all benefits that the City
23    provides for police officers injured in the performance of an
24    act of  duty.   This  subsection  (d)  is  a  restatement  of
25    existing  law  and  applies  without  regard  to  whether the
26    policeman is in service on or after  the  effective  date  of
27    Public Act 89-12 or this amendatory Act of 1996.
28    (Source: P.A. 92-52, eff. 7-12-01.)

29        Section  90.  The State Mandates Act is amended by adding
30    Section 8.26 as follows:

31        (30 ILCS 805/8.26 new)
32        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
 
                            -4-                LRB9213980EGfg
 1    and  8 of this Act, no reimbursement by the State is required
 2    for  the  implementation  of  any  mandate  created  by  this
 3    amendatory Act of the 92nd General Assembly.

 4        Section 99. Effective date.  This Act takes  effect  upon
 5    becoming law.

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