100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5892

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-115  from Ch. 108 1/2, par. 3-115
40 ILCS 5/4-112  from Ch. 108 1/2, par. 4-112

    Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Requires an affirmative vote of at least 4 members of the board of a downstate police or downstate firefighter pension fund to award a disability pension under the Articles. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5892LRB100 22217 MJP 40803 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 3-115 and 4-112 as follows:
 
6    (40 ILCS 5/3-115)  (from Ch. 108 1/2, par. 3-115)
7    Sec. 3-115. Certificate of disability. A disability
8pension shall not be paid unless: (1) there is filed with the
9board certificates of the police officer's disability,
10subscribed and sworn to by the police officer if not under
11legal disability, or by a representative if the officer is
12under legal disability, and by the police surgeon (if there be
13one) and 3 practicing physicians selected by the board; and (2)
14at least 4 board members cast an affirmative vote to award a
15disability pension. The board may require other evidence of
16disability. Medical examination of a police officer retired for
17disability shall be made at least once each year prior to
18attainment of age 50, as verification of the continuance of
19disability for service as a police officer. No examination
20shall be required after age 50.
21(Source: P.A. 83-1440.)
 
22    (40 ILCS 5/4-112)  (from Ch. 108 1/2, par. 4-112)

 

 

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1    Sec. 4-112. Determination of disability; restoration to
2active service; disability cannot constitute cause for
3discharge. A disability pension shall not be paid until
4disability has been established by the board, with the
5affirmative vote of at least 4 board members, by examinations
6of the firefighter at pension fund expense by 3 physicians
7selected by the board and such other evidence as the board
8deems necessary. The 3 physicians selected by the board need
9not agree as to the existence of any disability or the nature
10and extent of a disability. Medical examination of a
11firefighter receiving a disability pension shall be made at
12least once each year prior to attainment of age 50 in order to
13verify continuance of disability. No examination shall be
14required after age 50. No physical or mental disability that
15constitutes, in whole or in part, the basis of an application
16for benefits under this Article may be used, in whole or in
17part, by any municipality or fire protection district employing
18firefighters, emergency medical technicians, or paramedics as
19cause for discharge.
20    Upon satisfactory proof to the board that a firefighter on
21the disability pension has recovered from disability, the board
22shall terminate the disability pension. The firefighter shall
23report to the marshal or chief of the fire department, who
24shall thereupon order immediate reinstatement into active
25service, and the municipality shall immediately return the
26firefighter to its payroll, in the same rank or grade held at

 

 

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1the date he or she was placed on disability pension. If the
2firefighter must file a civil action against the municipality
3to enforce his or her mandated return to payroll under this
4paragraph, then the firefighter is entitled to recovery of
5reasonable court costs and attorney's fees.
6    The firefighter shall be entitled to 10 days notice before
7any hearing or meeting of the board at which the question of
8his or her disability is to be considered, and shall have the
9right to be present at any such hearing or meeting, and to be
10represented by counsel; however, the board shall not have any
11obligation to provide such fireman with counsel.
12(Source: P.A. 95-681, eff. 10-11-07.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.