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90_SB1826 40 ILCS 5/5-154 from Ch. 108 1/2, par. 5-154 Amends the Chicago Police Article of the Pension Code to increase the duty disability benefit to 75% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB9009022EGfg LRB9009022EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Section 5-154 and to amend the State Mandates Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Pension Code is amended by 6 changing Section 5-154 as follows: 7 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154) 8 Sec. 5-154. Duty disability benefit; child's disability 9 benefit. 10 (a) An active policeman who becomes disabled on or after 11 the effective date as the result of injury incurred on or 12 after such date in the performance of an act of duty, has a 13 right to receive duty disability benefit during any period of 14 such disability for which he does not have a right to receive 15 salary, equal to 75% of
his salary, as salary is defined in16 this Article, at the time the disability is allowed; or in17 the case of a policeman on duty disability who returns to18 active employment at any time for a period of at least 219 years and is again disabled from the same cause or causes,20 75% of his salary, as salary is defined in this Article, at21 the time disability is allowed; provided, that if the22 disability resulted from any physical defect or mental23 disorder or any disease which existed at the time the injury24 was sustained, or if the disability is less than 50% of total25 disability for any service of a remunerative character, the26 duty disability benefit shall be 50% of salary as defined in27 this Article. However, beginning January 1, 1996, no duty28 disability benefit that has been payable under this Section29 for at least 10 years shall be less than 50% ofthe current 30 salary attached from time to time to the rank held by the 31 policeman at the time of removal from the police department -2- LRB9009022EGfg 1 payroll. In the case of a person receiving a duty disability 2 benefit under this Section on the effective date of this 3 amendatory Act of 1998, the increase in benefit provided by 4 this amendatory Act, if any, shall begin to accrue on January 5 1, 1999, regardless of whether the thatremoval from payroll 6 occurred before the effective date of this amendatory Act of 7 1998 1995. 8 (b) The policeman shall also have a right to child's 9 disability benefit of $30 per month for each unmarried child, 10 the issue of the policeman, less than age 18, but the total 11 amount of child's disability benefit shall not exceed 25% of 12 his salary as defined in this Article. 13 (c) Duty disability benefit shall be payable until the 14 policeman becomes age 63 or would have been retired by 15 operation of law, whichever is later, and child's disability 16 benefit shall be paid during any such period of disability 17 until the child attains age 18. Thereafter the policeman 18 shall receive the annuity provided in accordance with the 19 other provisions of this Article. 20 (d) A policeman who suffers a heart attack during the 21 performance and discharge of his or her duties as a policeman 22 shall be considered injured in the performance of an act of 23 duty and shall be eligible for all benefits that the City 24 provides for police officers injured in the performance of an 25 act of duty. This subsection (d) is a restatement of 26 existing law and applies without regard to whether the 27 policeman is in service on or after the effective date of 28 Public Act 89-12 or this amendatory Act of 1996. 29 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.) 30 Section 90. The State Mandates Act is amended by adding 31 Section 8.22 as follows: 32 (30 ILCS 805/8.22 new) -3- LRB9009022EGfg 1 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6 2 and 8 of this Act, no reimbursement by the State is required 3 for the implementation of any mandate created by this 4 amendatory Act of 1998. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.
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