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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 the24 time the disability is allowed; or in the case of a policeman25 on duty disability who returns to active employment at any26 time for a period of at least 2 years and is again disabled27 from the same cause or causes, 75% of his salary, as salary28 is defined in this Article, at the time disability is29 allowed; provided, however, that:30 (i) If the disability resulted from any physical31 defect or mental disorder or any disease which existed at-2- LRB9213980EGfg 1 the time the injury was sustained, or if the disability2 is less than 50% of total disability for any service of a3 remunerative character, the duty disability benefit shall4 be 50% of salary as defined in this Article.5 (ii) Beginning January 1, 1996, no duty disability6 benefit that has been payable under this Section for at7 least 10 years shall be less than 50% of the current8 salary attached from time to time to the rank held by the9 policeman at the time of removal from the police10 department payroll, regardless of whether that removal11 occurred before the effective date of this amendatory Act12 of 1995. Beginning on January 1, 2000, no duty disability13 benefit that has been payable under this Section for at14 least 7 years shall be less than 60% of the current15 salary attached from time to time to the rank held by the16 policeman at the time of removal from the police17 department payroll, regardless of whether that removal18 occurred before the effective date of this amendatory Act19 of the 92nd General Assembly.20 (iii) If the Board finds that the disability of the21 policeman is of such a nature as to permanently render22 him totally disabled for any service of a remunerative23 character, the duty disability benefit shall be 75% of24 the current salary attached from time to time to the rank25 held by the policeman at the time of removal from the26 police department payroll. In the case of a policeman27 receiving a duty disability benefit under this Section on28 the effective date of this amendatory Act of the 92nd29 General Assembly, the increase in benefit provided by30 this amendatory Act, if any, shall begin to accrue as of31 the date that the Board makes the required finding of32 permanent total disability, regardless of whether removal33 from the payroll occurred before the effective date of34 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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