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Public Act 102-0806


 

Public Act 0806 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0806
 
HB5295 EnrolledLRB102 23444 RPS 32616 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Sections 5-157 and 5-212 as follows:
 
    (40 ILCS 5/5-157)  (from Ch. 108 1/2, par. 5-157)
    Sec. 5-157. Administration of disability benefits.
    (a) If a policeman who is granted duty or ordinary
disability benefit refuses to submit to examination by a
physician appointed by the board, he shall have no further
right to receive the benefit.
    (b) A policeman who has withdrawn from service while
disabled and entered upon annuity prior to the effective date,
and who has thereafter been reinstated as a policeman, shall
have no right to ordinary disability benefit in excess of the
amount previously received unless he serves at least one year
after such reinstatement. This provision shall apply
throughout the duration of any disability incurred by the
policeman within one year after his reinstatement resulting
from any cause other than injury incurred in the performance
of an act of duty.
    (c) Until the effective date of this amendatory Act of the
92nd General Assembly, a policeman who assumes regular
employment for compensation, while in receipt of ordinary or
duty disability benefits, shall not be entitled to receive any
amount of such disability benefits which, when added to his
compensation for such employment during disability, would
exceed 150% of the rate of salary which would be paid to him if
he were working in his regularly appointed civil service
position as a policeman. The changes made to this Section by
Public Act 90-766 are not limited to persons in service on or
after the effective date of that Act.
    Beginning on the effective date of this amendatory Act of
the 92nd General Assembly, the reduction of disability
benefits due to compensation for employment previously imposed
under this subsection (c) no longer applies to any person
receiving a disability benefit under this Article, without
regard to whether the person is in service on or after that
date. The removal of this limitation by this amendatory Act is
not retroactive and does not entitle any person to the
restoration of amounts previously reduced or withheld under
this subsection.
    (d) Disability benefit shall not be paid for any part of
time for which a disabled policeman shall receive any part of
his salary.
    (e) Except as herein otherwise provided, disability
benefit shall not be paid for any disability based upon or
caused by any mental or physical defect which the policeman
had at the time he entered the police service.
    (f) Disability benefit shall not be allowed to any
policeman who re-enters the public service in any capacity
where his salary is payable in whole or in part by taxes levied
upon taxable property in the city in which this Article is in
effect, or out of special revenues of any department of the
city. The disability benefit shall be suspended during the
period he is in the public service for compensation, and shall
be resumed when he withdraws from such service.
    (g) If a policeman receives any compensation as temporary
total disability, permanent total disability, a lump sum
settlement award, or other payment under the Workers'
Compensation Act or the Workers' Occupational Diseases Act as
a result of the policeman's secondary employment for any
injury resulting in disability, any disability benefit
provided to the policeman for such disability under this
Article shall be reduced by any compensation amount so
received, if that compensation amount is less than the amount
of the disability benefit. If the amount received as
compensation exceeds the amount of the disability benefit, the
policeman shall not receive the disability benefit until the
disability benefit payable equals the amount of the
compensation received without consideration of interest. The
calculation of compensation received by the policeman as
provided in this Section shall not take into consideration any
benefits received under the Line of Duty Compensation Act.
    If the widow, child or children, or parent or parents of a
policeman, or any of these persons, receives any compensation
under the Workers' Compensation Act or the Workers'
Occupational Diseases Act as a result of the policeman's
secondary employment for any injury resulting in the
policeman's death, the annuities provided under this Article
for those beneficiaries shall be reduced by any compensation
amount so received, if that compensation amount is less than
the amount of the annuities. If the amount received as
compensation exceeds the amount of the annuities for the
widow, child or children, or parent or parents, the annuities
shall not be payable until the accumulated value of the
annuities equals the amount of the compensation received
without consideration of interest. In making the adjustment,
the annuity to the widow shall first be reduced. The
calculation of compensation received by the widow, child or
children, or parent or parents of a policeman, or any of these
persons, as provided in this Section shall not take into
consideration any benefits received under the Line of Duty
Compensation Act or the Public Safety Officers Benefits Act of
1976, 34 U.S.C. 10281 et seq.
    (h) (g) Any disability benefit paid in violation of this
Section or of this Article shall be construed to have been paid
in error, and the amounts so paid shall be charged as a debit
in the account of any person to whom the same was paid and
shall be deducted from any moneys thereafter payable to such
person out of this fund, or to the widow, heirs or estate of
such person.
(Source: P.A. 92-52, eff. 7-12-01.)
 
    (40 ILCS 5/5-212)  (from Ch. 108 1/2, par. 5-212)
    Sec. 5-212. Computation of service. In computing the
service rendered by a policeman prior to the effective date,
the following periods shall be counted, in addition to all
periods during where he performed the duties of his position,
as periods of service for annuity purposes only: all periods
of (a) vacation; (b) leave of absence with whole or part pay;
(c) leave of absence without pay on account of disability; and
(d) leave of absence during which the policeman was engaged in
the military or naval service of the United States of America.
Service credit shall not be allowed for a policeman in receipt
of a pension on account of disability from any pension fund
superseded by this fund.
    In computing the service rendered by a policeman on or
after the effective date, the following periods shall be
counted, in addition to all periods during which he performed
the duties of his position, as periods of service for annuity
purposes only: all periods of (a) vacation; (b) leave of
absence with whole or part pay; (c) leave of absence during
which the policeman was engaged in the military or naval
service of the United States of America; (d) time that the
policeman was engaged in the military or naval service of the
United States of America, during which he was passed over on
any eligible list posted from an entrance examination, due to
the fact that he was in such military or naval service at the
time he was called for appointment to the Police Department,
to be computed from the date he was passed over on any eligible
list and would have been first sworn in as a policeman had he
not been engaged in the military or naval service of the United
States of America, until the date of his discharge from such
military or naval service; provided that such policeman shall
pay into this Fund the same amount that would have been
deducted from his salary had he been a policeman during the
aforementioned portion of such military or naval service; (e)
disability for which the policeman receives any disability
benefit or compensation under the Workers' Compensation Act or
the Workers' Occupational Diseases Act; (f) disability for
which the policeman receives whole or part pay; (g) service
for which credits and creditable service have been transferred
to this Fund under Section 9-121.1, 14-105.1 or 15-134.3 of
this Code; and (h) periods of service in the military, naval,
or air forces of the United States entered upon before
beginning service as an active policeman of a municipality as
provided in Section 5-214.3.
    In computing service on or after the effective date for
ordinary disability benefit, all periods described in the
preceding paragraph, except any such period for which a
policeman receives ordinary disability benefit, shall be
counted as periods of service.
    In computing service for any of the purposes of this
Article, no credit shall be given for any period during which a
policeman was not rendering active service because of his
discharge from the service, unless proceedings to test the
legality of the discharge are filed in a court of competent
jurisdiction within one year from the date of discharge and a
final judgment is entered therein declaring the discharge
illegal.
    No overtime or extra service shall be included in
computing service of a policeman and not more than one year or
a fractional part thereof of service shall be allowed for
service rendered during any calendar year.
    In computing service for any of the purposes of this
Article, credit shall be given for any periods during which a
policeman who is a member of the General Assembly is on leave
of absence or is otherwise authorized to be absent from duty to
enable him or her to perform legislative duties,
notwithstanding any reduction in salary for such periods and
notwithstanding that the contributions paid by the policeman
were based on a reduced salary rather than the full amount of
salary attached to his or her career service rank.
(Source: P.A. 96-1260, eff. 7-23-10.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.46 as follows:
 
    (30 ILCS 805/8.46 new)
    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022