Full Text of SB1705 96th General Assembly
SB1705eng 96TH GENERAL ASSEMBLY
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SB1705 Engrossed |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 6-153, 6-154, and 6-159 and by adding Section 6-227 as | 6 |
| follows:
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| (40 ILCS 5/6-153) (from Ch. 108 1/2, par. 6-153)
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| Sec. 6-153.
Proof of duty, occupational disease, or | 9 |
| ordinary disability
shall be furnished to the Board by at least | 10 |
| one licensed and practicing
physician appointed by the Board. | 11 |
| In cases where the Board requires the
applicant to obtain a | 12 |
| second opinion, the applicant may select a physician
from a | 13 |
| list of qualified licensed and practicing physicians which | 14 |
| shall be
established and maintained by the board. The Board may | 15 |
| require other
evidence of disability. A disabled fireman who is | 16 |
| receiving a duty,
occupational disease, or ordinary disability | 17 |
| benefit shall be examined on a periodic basis as determined by | 18 |
| the Board, at
least once a year by one or more licensed and | 19 |
| practicing physicians
appointed by the board; however such | 20 |
| annual examination may be waived by
the Board if the appointed | 21 |
| physician certifies in writing to the Board that
the disability | 22 |
| of the fireman is of such a nature as to render him
permanently | 23 |
| disabled and unable ever to return to service.
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| When the disability ceases, the Board shall discontinue | 2 |
| payment of the
benefit and the fireman shall be returned to | 3 |
| service in his proper rank or grade.
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| (Source: P.A. 86-273.)
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| (40 ILCS 5/6-154) (from Ch. 108 1/2, par. 6-154)
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| Sec. 6-154. Administration of disability benefits. If a | 7 |
| fireman who is granted any type of disability benefit under | 8 |
| this
Article refuses to submit to examination by any physician | 9 |
| appointed by
the board or refuses to submit to such medical, | 10 |
| surgical, or hospital treatment as is reasonably essential to | 11 |
| promote his recovery from disability , he shall have no further | 12 |
| right to receive the benefit.
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| A fireman who has withdrawn while disabled and entered upon | 14 |
| annuity,
and who re-enters the service on or after the date of | 15 |
| withdrawal, and
who has not served at least one year subsequent | 16 |
| to the date of such
re-entry, shall not receive ordinary | 17 |
| disability benefit in excess of the
amount he has previously | 18 |
| received as pension on account of disability,
or as annuity, | 19 |
| for an equal period of disability. This provision shall
apply | 20 |
| throughout the duration of any disability incurred by the | 21 |
| fireman
within one year after his reinstatement resulting from | 22 |
| any cause other
than the performance of an act or acts of duty.
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| No disability benefit shall be paid on account of any form | 24 |
| of
disability for any period of time for which a disabled | 25 |
| fireman has a
right to receive any part of his salary, under |
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| any law or ordinance in
effect in the city.
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| If a disabled fireman receives compensation from the city | 3 |
| for such
disability under the Workers' Compensation Act or | 4 |
| Occupational Diseases
Act, the disability benefit provided | 5 |
| herein shall be reduced by any
amount so received, if such | 6 |
| amount is less than the amount of the
benefit; and if the | 7 |
| amount received as compensation exceeds the amount
of the | 8 |
| disability benefit, the fireman shall not receive such | 9 |
| disability
benefit until the benefit payable, accumulated at | 10 |
| the rate herein
stated, equals the amount of such compensation | 11 |
| without consideration of
interest.
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| If the widow, child or children, or parent or parents (or | 13 |
| any of
these persons) of any fireman whose death results from | 14 |
| an act or acts of
duty receives any compensation from the city | 15 |
| under the Workers'
Compensation Act or Occupational Diseases | 16 |
| Act, the annuities herein
provided for such beneficiaries shall | 17 |
| be reduced by any amounts so
received, if such amounts are less | 18 |
| than the amount of the annuity or
annuities. If the amount or | 19 |
| amounts received as compensation exceed the
amount or amounts | 20 |
| of the annuity or annuities for the widow, child or
children, | 21 |
| or parent or parents, the annuities shall not be payable until
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| the accumulated value of the annuity or annuities at the rate | 23 |
| herein
stated equals the amount of such compensation without | 24 |
| consideration of
interest. In making such adjustment, the | 25 |
| annuity to the widow shall
first be reduced.
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| Disability pension or disability benefit shall not be paid |
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| to any
fireman while he resides outside the State of Illinois, | 2 |
| unless such
residence is by permission of the board.
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| (Source: P.A. 81-992.)
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| (40 ILCS 5/6-159) (from Ch. 108 1/2, par. 6-159)
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| Sec. 6-159. Refund - Re-entry into service - Repayment of | 6 |
| refund.
A fireman who receives a refund, and who subsequently | 7 |
| re-enters the
service, shall not thereafter receive, nor shall | 8 |
| his widow or parent or
parents receive, any annuity, benefit or | 9 |
| pension under this Article unless
he or his widow, or parent or | 10 |
| parents, repays the refund within 2
years after the date of | 11 |
| re-entry into service or by January 1, 2011 2000 , whichever
is | 12 |
| later, with interest at the actuarially assumed rate of 4% per | 13 |
| annum ,
compounded annually, from the date the refund was | 14 |
| received to the date such
amount is repaid. The change made in | 15 |
| this Section by this amendatory Act of
1995 applies without | 16 |
| regard to whether the fireman was in service on or after
the | 17 |
| effective date of this amendatory Act of 1995.
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| A fireman who has failed to repay any refund due to the | 19 |
| Fund under this Article after re-entering service shall be | 20 |
| treated as a new employee and shall only receive service credit | 21 |
| from the date that he has re-entered service as a new employee. | 22 |
| (Source: P.A. 89-136, eff. 7-14-95.)
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| (40 ILCS 5/6-227 new) | 24 |
| Sec. 6-227. Action by Fund against third party; |
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| subrogation. In those cases where the injury or death for which | 2 |
| a disability or death benefit is payable under this Article was | 3 |
| caused under circumstances creating a legal liability on the | 4 |
| part of some person or entity to pay damages to the fireman, | 5 |
| then legal proceedings may be taken against such other person | 6 |
| or entity to recover damages notwithstanding the Fund's payment | 7 |
| of or liability to pay disability or death benefits under this | 8 |
| Code. In such case, however, if the action against such other | 9 |
| person or entity is brought by the injured fireman or his | 10 |
| personal representative and judgment is obtained and paid, or | 11 |
| settlement is made with such other person or entity, either | 12 |
| with or without suit, from the amount received by such fireman | 13 |
| or personal representative, there shall be paid to the Fund the | 14 |
| amount of money representing the death or disability benefits | 15 |
| paid or to be paid to the disabled fireman pursuant to the | 16 |
| provisions of this Code. In all circumstances where the action | 17 |
| against a person or entity is brought by the disabled fireman | 18 |
| or his personal representative, the Fund shall have a claim or | 19 |
| lien upon any judgment or award out of which the disabled | 20 |
| fireman or his personal representative might be compensated | 21 |
| from such person or entity. | 22 |
| Where action is brought by the disabled fireman or his | 23 |
| personal representative, they shall forthwith notify the Fund | 24 |
| by personal service or registered mail, of such fact and of the | 25 |
| name of the court in which such suit is brought, filing proof | 26 |
| of such notice in such action. The Fund may, at any time |
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| thereafter, join in said action upon its own motion, and proper | 2 |
| orders of court after hearing and judgment shall be made for | 3 |
| the protection of the Fund. No release or settlement of claim | 4 |
| for damages by reason of injury to the disabled fireman, and no | 5 |
| satisfaction of judgment in such proceedings, shall be valid | 6 |
| without the written consent of the Board of Trustees authorized | 7 |
| by this Code to administer the Fund created under this Article, | 8 |
| except that such consent shall not be required where the Fund | 9 |
| has been fully indemnified or protected by Court order. | 10 |
| Where the disabled fireman or his personal representative | 11 |
| fail to institute a proceeding against such person or entity at | 12 |
| any time prior to 3 months before said action would be barred | 13 |
| at law, the Fund may, in its own name or in the name of the | 14 |
| personal representative, commence a proceeding against such | 15 |
| other person or entity for the recovery of damages on account | 16 |
| of injuries caused to the fireman. From any amount so | 17 |
| recovered, the Fund shall pay to the personal representative of | 18 |
| such disabled fireman all sums collected from such other person | 19 |
| or entity by judgment or otherwise in excess of the amount of | 20 |
| disability or death benefits paid or to be paid under this Code | 21 |
| to the disabled fireman or his personal representative, and | 22 |
| such costs, attorney's fees, and reasonable expenses as may be | 23 |
| incurred by the Fund in making the collection or in enforcing | 24 |
| such liability. | 25 |
| When the amount recovered by the injured fireman, his | 26 |
| personal representative, or the Fund in any action brought |
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| under this Section is less than the amount of disability or | 2 |
| death benefits paid or to be paid to the disabled fireman or | 3 |
| his personal representative, the Board of Trustees of the Fund | 4 |
| may exercise its discretion and determine an appropriate amount | 5 |
| under the circumstances to recoup from any award recovered by | 6 |
| judgment or otherwise from a third party. | 7 |
| Section 90. The State Mandates Act is amended by adding | 8 |
| Section 8.33 as follows: | 9 |
| (30 ILCS 805/8.33 new) | 10 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 |
| of this Act, no reimbursement by the State is required for the | 12 |
| implementation of any mandate created by this amendatory Act of | 13 |
| the 96th General Assembly.
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