HB5396 96TH GENERAL ASSEMBLY

LRB096 18670 AMC 34054 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5396

Introduced 2/5/2010, by Rep. Michael P. McAuliffe

SYNOPSIS AS INTRODUCED:

40 ILCS 5/5-154.1	from Ch. 108 1/2, par. 5-154.1
30 ILCS 805/8.34 new

Amends the Chicago Police Article of the Illinois Pension Code. Provides that the occupational disease disability benefit shall be equal to 65% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll (now the greater of 65% of the salary attached to the rank held by the police officer in the police service at the time of his or her removal from the police department payroll or 50% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 Section 5-154.1 as follows:

(40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1)

Sec. 5-154.1. Occupational disease disability benefit.

(a) The General Assembly finds that service in the police department requires police officers in times of stress and danger to perform unusual tasks; that police officers are subject to exposure to extreme heat or extreme cold in certain seasons while performing their duties; and that these conditions exist and arise out of or in the course of employment.

(b) Any police officer with at least 10 years of service who suffers a heart attack or any other disabling heart disease but is not entitled to a benefit under Section 5-154 is entitled to receive an occupational disease disability benefit under this Section. The occupational disease disability benefit shall be 65% of the current salary attached from time to time to the rank held by the police officer in the police service at the time of his or her removal from the police department payroll. However, no occupational disease disability benefit that has been payable under this Section for at least 10 years shall be less than 50% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll.

The police officer is also entitled to a child's disability benefit of $100 per month for each natural or legally adopted unmarried child less than age 18 dependent upon the police officer for support. The total child's disability benefit shall not exceed 10% of the police officer's salary at the time of removal from the police department payroll. The increase in child's disability benefit provided by this amendatory Act of the 92nd General Assembly applies beginning January 1, 2000 to all such benefits payable on or after that date, regardless of whether the disabled policeman is in active service on or after the effective date of this amendatory Act.

The occupational disease disability benefit is payable during the period of disability until the police officer attains age 63 or compulsory retirement age, whichever occurs later; thereafter the police officer shall receive the benefits provided under the other provisions of this Article. If the police officer ceases to be disabled, the occupational disease disability benefit shall cease.

The child's disability benefit is payable during the period of disability until the child attains age 18 or marries, whichever event occurs first, except that a benefit payable on account of a child under this Section shall not be reduced or terminated by reason of the child's attainment of age 18 if he or she is then dependent by reason of a physical or mental disability, but shall continue to be paid as long as the child's dependency and disability continue.

The changes made to this subsection (b) by this amendatory Act of the 96th General Assembly apply without regard to whether the police officer was in service on or after its effective date. In the case of a person who is receiving an occupational disease disability benefit on the effective date of this amendatory Act of the 96th General Assembly, the increase, if any, shall begin to accrue on the first benefit payment date following that effective date.

(Source: P.A. 92-52, eff. 7-12-01.)

Section 90. The State Mandates Act is amended by adding Section 8.34 as follows:

(30 ILCS 805/8.34 new)

Sec. 8.34. 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 96th General Assembly.

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