HB5264sam001 103RD GENERAL ASSEMBLY

Sen. Robert F. Martwick

Filed: 5/7/2024

10300HB5264sam001 LRB103 38085 RPS 73096 a

AMENDMENT TO HOUSE BILL 5264

AMENDMENT NO. ______. Amend House Bill 5264 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by adding Section 5-156.5 and by changing Section 5-228 as follows:

(40 ILCS 5/5-156.5 new)

Sec. 5-156.5. Presumption of disability; reinstatement.

(a) A policeman who applies for disability benefits under this Article and has been denied reinstatement as a policeman by his or her employer because of a physical or mental incapacity shall be presumed to be disabled as that term is used in this Article.

(b) No policeman who otherwise meets the requirements for a disability benefit shall be denied a disability benefit unless and until the policeman's employer reinstates him or her as a policeman or offers him or her a limited-duty position.

(c) Any policeman who has been denied a disability benefit without an offer of reinstatement or a limited-duty position after the effective date of this amendatory Act of the 103rd General Assembly is entitled to disability benefits.

(40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)

Sec. 5-228. Administrative review.

(a) The provisions of the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the retirement board provided for under this Article. The term "administrative decision" is as defined in Section 3-101 of the Code of Civil Procedure.

(b) If any policeman whose application for either a duty disability benefit under Section 5-154, or for an occupational disease disability benefit under Section 5-154.1, or for an ordinary disability benefit under Section 5-155 has been denied by a majority vote of the Retirement Board brings an action for administrative review challenging the denial of disability benefits and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action.

(c) If a policeman whose duty disability benefits, ordinary disability benefits, or occupational disability benefits are terminated by a majority vote of the Retirement Board brings an action for administrative review challenging the termination of those disability benefits and prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action.

(Source: P.A. 101-387, eff. 8-16-19.)

Section 90. The State Mandates Act is amended by adding Section 8.48 as follows:

(30 ILCS 805/8.48 new)

Sec. 8.48. 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 103rd General Assembly.

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