PENSION-CHI LABOR-DISAB OFFSET Senate SponsorsSen. Kwame Raoul-Iris Y. Martinez and Michael Noland House Sponsors(Rep. Robert S. Molaro-Kevin Joyce) 2/17/2009SenatePublic Act . . . . . . . . . 95-1036 40 ILCS 5/11-158from Ch. 108 1/2, par. 11-15830 ILCS 805/8.32 newAmends the Chicago Laborers Article of the Illinois Pension Code. With respect to certain duty and ordinary disability benefits and widow's compensation and supplemental benefits payable by the Fund, replaces existing provisions relating to the offset of amounts received under the Workers' Compensation Act or Workers' Occupational Diseases Act or related settlements with new provisions applying to those offsets and the administration, commencement, and amount of those benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.House Floor Amendment No. 1 Adds reference to:40 ILCS 5/3-110.840 ILCS 5/3-110.1040 ILCS 5/4-109.340 ILCS 5/5-168from Ch. 108 1/2, par. 5-16840 ILCS 5/5-178from Ch. 108 1/2, par. 5-17840 ILCS 5/5-214.2 new40 ILCS 5/7-139.1140 ILCS 5/7-139.1340 ILCS 5/8-163from Ch. 108 1/2, par. 8-16340 ILCS 5/9-156from Ch. 108 1/2, par. 9-15640 ILCS 5/9-158from Ch. 108 1/2, par. 9-15840 ILCS 5/9-159from Ch. 108 1/2, par. 9-15940 ILCS 5/10-103from Ch. 108 1/2, par. 10-10340 ILCS 5/10-109 new40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110Amends the Downstate Police Article of the Illinois Pension Code to provide that, until January 1, 2009, an active member of the Illinois Municipal Retirement Fund may transfer up to 8 years of creditable service in a police pension fund under the Article to the Illinois Municipal Retirement Fund. In the Illinois Municipal Retirement Fund Article, provides that, until January 1, 2009, a person who has become an active participant in a police pension fund may transfer less than 8 years of creditable service under the Illinois Municipal Retirement Fund to that police pension fund. Amends the Downstate Firefighter Article of the Illinois Pension Code. Provides that, in the event a firefighter began employment with a new employer as a result of an intergovernmental agreement that resulted in the elimination of the previous employer's fire department, the firefighter shall not be required to have 7 years of creditable service with the last pension fund to qualify for a disability pension. Requires the firefighter to have 7 years of total combined creditable service time to qualify for a disability pension. Provides that the disability pension shall be paid by the previous employer and new employer in proportion to the firefighter's years of service with each employer. Amends the Chicago Police Article of the Illinois Pension Code. Authorizes an active member to establish up to 10 years of additional service credit in 6-month increments for certain employment in a law enforcement capacity under the Code or as a law enforcement officer with the Chicago Housing Authority. Provides different application and payment requirements for existing members and future members of the Fund. Requires the applicant to pay an amount determined by the Fund and specifies certain factors the Fund shall take into account in determining that amount. Permits the use of rollover contributions. In provisions of the Article regarding financing, provides that the policeman's payments for the establishment of the additional service credits shall not be included when making calculations concerning the tax levy. For the election to be held in 2008 only, provides that the term for the member who is an investigator (or a rank inferior to that rank) and for the annuitant member shall be 4 years rather than 3 years. Amends the Chicago Municipal Article of the Illinois Pension Code. Provides that, before any action is taken by the Board on an application for a duty disability benefit or a widow's compensation or supplemental benefit, the employee or widow shall file a claim with the employer to establish that the disability or death occurred while the employee was acting within the scope of and in the course of his or her duties. Provides an offset of disability benefits for any amounts provided to the employee or surviving spouse as temporary total disability payments, permanent disability payments, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act. Makes other changes concerning disability benefits. Amends the Cook County Article of the Illinois Pension Code. Provides that duty disability and child's disability benefits shall not be allowed unless application therefor is made while the disability exists; except that this limitation does not apply if the board finds that there was reasonable cause for delay in filing the application while the disability existed. Provides that this is intended to be a restatement and clarification of existing law and does not imply that application for a duty disability benefit made after the disability had ceased, without a finding of reasonable cause, was previously allowed under this Article. Provides that (i) before any action may be taken by the board of trustees on an application for duty disability benefit or widow's compensation or supplemental benefit, the related applicant must file a timely claim under the Workers' Compensation Act or the Workers' Occupational Diseases Act , as applicable, to establish that the disability or death resulted from an injury incurred in the performance of an act or acts of duty, and the applicant must receive compensation or payment from the claim or the claim must otherwise be finally adjudicated and (ii) with respect to duty disability, satisfactory proof must be provided to the board that the final adjudication of the claim established that the disability or death resulted from an injury incurred in the performance of an act or acts of duty. Amends the Cook County Forest Preserve Article of the Illinois Pension Code. Adds a provision imposing forfeiture of benefits upon conviction of a felony arising out of or in connection with the member's employment. Amends the Chicago Laborers Article of the Illinois Pension Code. With respect to certain duty and ordinary disability benefits and widow's compensation and supplemental benefits payable by the Fund, replaces existing provisions relating to the offset of amounts received under the Workers' Compensation Act or Workers' Occupational Diseases Act or related settlements with new provisions applying to those offsets and the administration, commencement, and amount of those benefits. In provisions of the State Employees Article concerning the alternative formula, allows an alternative formula employee to convert up to 5 years of certain military service that he or she purchased into service under the alternative formula. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.House Floor Amendment No. 3 Makes changes in provisions amending the Chicago Municipal Article and the Chicago Laborers Article with respect to duty disability benefits or a widow's compensation or supplemental benefits.House Floor Amendment No. 4 Adds reference to:40 ILCS 5/6-151.2 newAmends the Chicago Firefighter Article of the Illinois Pension Code. Provides that an active fireman who is certified to be terminally ill by a Board-appointed physician may, upon such certification, make application with the Board for a determination that the participant is eligible to receive a disability benefit, even though, at the time, the participant has the right to receive salary. However, an active fireman may not receive any such disability benefit payments at the same time the participant receives salary. 2/15/2008SenateFiled with Secretary by Sen. Kwame Raoul 2/15/2008SenateFirst Reading 2/15/2008SenateReferred to Rules 2/28/2008SenateAssigned to Pensions and Investments 3/6/2008SenateHeld in Pensions and Investments 3/12/2008SenateDo Pass Pensions and Investments; 006-000-000 3/12/2008SenatePlaced on Calendar Order of 2nd Reading March 13, 2008 3/13/2008SenateSecond Reading 3/13/2008SenatePlaced on Calendar Order of 3rd Reading April 1, 2008 4/3/2008SenateThird Reading - Passed; 058-000-000 4/4/2008HouseArrived in House 4/4/2008HousePlaced on Calendar Order of First Reading 4/4/2008HouseChief House Sponsor Rep. Robert S. Molaro 4/7/2008HouseFirst Reading 4/7/2008HouseReferred to Rules Committee 5/1/2008HouseAssigned to Personnel and Pensions Committee 5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008 5/15/2008HouseDo Pass / Short Debate Personnel and Pensions Committee; 004-000-000 5/15/2008HousePlaced on Calendar 2nd Reading - Short Debate 5/19/2008HouseSecond Reading - Short Debate 5/19/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008 5/28/2008HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Robert S. Molaro 5/28/2008HouseHouse Floor Amendment No. 1 Referred to Rules Committee 5/28/2008HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Angelo Saviano 5/28/2008HouseHouse Floor Amendment No. 2 Referred to Rules Committee 5/29/2008HouseHouse Floor Amendment No. 1 Rules Refers to Personnel and Pensions Committee 5/29/2008HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Robert S. Molaro 5/29/2008HouseHouse Floor Amendment No. 3 Referred to Rules Committee 5/30/2008HouseHouse Floor Amendment No. 1 Recommends Be Adopted Personnel and Pensions Committee; 005-000-000 5/30/2008HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000 5/30/2008HouseAdded Alternate Chief Co-Sponsor Rep. Kevin Joyce 5/31/2008HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Robert S. Molaro 5/31/2008HouseHouse Floor Amendment No. 4 Referred to Rules Committee 5/31/2008HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-001-000 5/31/2008HouseRecalled to Second Reading - Short Debate 5/31/2008HouseHouse Floor Amendment No. 1 Adopted by Voice Vote 5/31/2008HouseHouse Floor Amendment No. 3 Adopted by Voice Vote 5/31/2008HouseHouse Floor Amendment No. 4 Adopted by Voice Vote 5/31/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/31/2008HouseThird Reading - Short Debate - Passed 065-047-000 5/31/2008HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a) 7/10/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01,03,04 7/10/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,03,04-July 10, 2008 8/10/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules 11/19/2008SenateApproved for Consideration Rules 11/19/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) November 19, 2008; 01,03,04 11/19/2008SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul 11/19/2008SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Rules 11/19/2008SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Kwame Raoul 11/19/2008SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Rules 11/19/2008SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Kwame Raoul 11/19/2008SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Rules 11/19/2008SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez 11/19/2008SenateHouse Floor Amendment No. 1 Motion to Concur Rules Referred to Pensions and Investments 11/19/2008SenateHouse Floor Amendment No. 3 Motion to Concur Rules Referred to Pensions and Investments 11/19/2008SenateHouse Floor Amendment No. 4 Motion to Concur Rules Referred to Pensions and Investments 11/19/2008SenateAdded as Co-Sponsor Sen. Michael Noland 11/19/2008SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Pensions and Investments; 008-000-000 11/19/2008SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Pensions and Investments; 008-000-000 11/19/2008SenateHouse Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Pensions and Investments; 008-000-000 11/20/2008SenateHouse Floor Amendment No. 1 3/5 Vote Required 11/20/2008SenateHouse Floor Amendment No. 1 Senate Concurs 052-000-000 11/20/2008SenateHouse Floor Amendment No. 3 3/5 Vote Required 11/20/2008SenateHouse Floor Amendment No. 3 Senate Concurs 052-000-000 11/20/2008SenateHouse Floor Amendment No. 4 3/5 Vote Required 11/20/2008SenateHouse Floor Amendment No. 4 Senate Concurs 052-000-000 11/20/2008SenatePassed Both Houses 12/19/2008SenateSent to the Governor 2/17/2009SenateGovernor Approved 2/17/2009SenateEffective Date February 17, 2009 2/17/2009SenatePublic Act . . . . . . . . . 95-1036