State of Illinois
91st General Assembly
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91_HB3378

 
                                               LRB9110687EGfg

 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 5-157 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 5-157 as follows:

 7        (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
 8        Sec. 5-157. Administration of disability benefits.
 9        (a)  If a policeman  who  is  granted  duty  or  ordinary
10    disability  benefit  refuses  to  submit  to examination by a
11    physician appointed by the board, he shall  have  no  further
12    right to receive the benefit.
13        (b)  A  policeman  who  has  withdrawn from service while
14    disabled and entered upon  annuity  prior  to  the  effective
15    date,  and who has thereafter been reinstated as a policeman,
16    shall have no right to ordinary disability benefit in  excess
17    of  the  amount previously received unless he serves at least
18    one year after  such  reinstatement.   This  provision  shall
19    apply  throughout  the duration of any disability incurred by
20    the  policeman  within  one  year  after  his   reinstatement
21    resulting  from  any  cause other than injury incurred in the
22    performance of an act of duty.
23        (c)  Until January  1,  2001,  a  policeman  who  assumes
24    regular  employment  for  compensation,  while  in receipt of
25    ordinary or duty disability benefits, shall not  be  entitled
26    to receive any amount of such disability benefits which, when
27    added   to   his  compensation  for  such  employment  during
28    disability, would exceed 150% of the  rate  of  salary  which
29    would  be  paid  to  him  if he were working in his regularly
30    appointed civil service position as a policeman.  The changes
31    made to this Section by Public this amendatory Act 90-766  of
 
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 1    1998  are  not  limited to persons in service on or after the
 2    effective date of that this amendatory Act.
 3        Beginning January 1, 2001, the  reduction  of  disability
 4    benefits   due  to  compensation  for  employment  previously
 5    imposed under this subsection (c) no longer  applies  to  any
 6    person  receiving  a  disability  benefit under this Article,
 7    without regard to whether the person  is  in  service  on  or
 8    after  the  effective date of this amendatory Act of the 91st
 9    General Assembly.  The removal of  this  limitation  by  this
10    amendatory  Act  is  not retroactive and does not entitle any
11    person to the restoration of amounts  previously  reduced  or
12    withheld under this subsection.
13        (d)  Disability benefit shall not be paid for any part of
14    time for which a disabled policeman shall receive any part of
15    his salary.
16        (e)  Except  as  herein  otherwise  provided,  disability
17    benefit  shall  not be  paid for any disability based upon or
18    caused by any mental or physical defect which  the  policeman
19    had at the time he entered the police service.
20        (f)  Disability  benefit  shall  not  be  allowed  to any
21    policeman who re-enters the public service  in  any  capacity
22    where  his  salary  is  payable  in whole or in part by taxes
23    levied upon taxable  property  in  the  city  in  which  this
24    Article  is  in  effect,  or  out  of special revenues of any
25    department of the city.   The  disability  benefit  shall  be
26    suspended  during  the period he is in the public service for
27    compensation, and shall be resumed  when  he  withdraws  from
28    such service.
29        (g)  Any  disability  benefit  paid  in violation of this
30    Section or of this Article shall be construed  to  have  been
31    paid  in error, and the amounts so paid shall be charged as a
32    debit in the account of any person to whom the same was  paid
33    and  shall  be deducted from any moneys thereafter payable to
34    such person out of this fund,  or  to  the  widow,  heirs  or
 
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 1    estate of such person.
 2    (Source: P.A. 90-766, eff. 8-14-98.)

 3        Section  90.  The State Mandates Act is amended by adding
 4    Section 8.24 as follows:

 5        (30 ILCS 805/8.24 new)
 6        Sec. 8.24. Exempt mandate.   Notwithstanding  Sections  6
 7    and  8 of this Act, no reimbursement by the State is required
 8    for  the  implementation  of  any  mandate  created  by  this
 9    amendatory Act of the 91st General Assembly.

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

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