Public Act 90-0525 of the 90th General Assembly
Public Act 90-0525
SB194 Enrolled LRB9000607EGfg
AN ACT to amend the Illinois Pension Code by changing
Section 22-307.
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 22-307 as follows:
(40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
Sec. 22-307. Common law or statutory rights barred.
Whenever any city or village enacts an ordinance pursuant to
this Division, no common law or statutory right to recover
damages against such city or village for injury or death
sustained by any policeman or fireman while engaged in the
line of his duty as such policeman or fireman, other than the
payment of the allowances of money and of the medical care
and hospital treatment provided in such ordinance, shall be
available to any policeman or fireman who is covered by the
provisions of such ordinance, or to anyone wholly or
partially dependent upon such policeman or fireman, or to the
legal representative of the estate of such policeman or
fireman, or to anyone who would otherwise be entitled to
recover damages for such injury or death. Nothing in this
Division 3 relieves any municipality with a population under
500,000 of its duties under the Workers' Compensation Act or
the Workers' Occupational Diseases Act. Nothing in this
Division 3 prevents any policeman or fireman in a
municipality with a population under 500,000 from recovery
under the Workers' Compensation Act or the Workers'
Occupational Diseases Act.
If any action against such city or village to enforce a
common law or statutory right to recover damages for
negligently causing the injury or death of any policeman or
fireman, is pending, for trial or on appeal, at the time this
Division shall come in force or is so pending at the time
such ordinance is enacted, the amount of any award or
allowance of money made pursuant to such ordinance shall not
be paid while such action is so pending and shall be reduced,
before payment, by the amount of any judgment obtained
against such city or village in such pending action; or such
allowance of money, if already paid, together with all moneys
expended pursuant to such ordinance for medical care and
hospital expenses, may be set off against such judgment,
either in such pending action or through other appropriate
action by such city or village.
(Source: Laws 1963, p. 161.)
Section 99. Effective date. This Act takes effect upon
becoming law.