102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3871

 

Introduced 1/21/2022, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-157  from Ch. 108 1/2, par. 5-157
40 ILCS 5/5-212  from Ch. 108 1/2, par. 5-212
30 ILCS 805/8.46 new

    Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman receives any compensation as temporary total disability, permanent total disability, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act for any injury resulting in disability, any disability benefit provided to the policeman for such disability under the Article shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the disability benefit. Provides that if the amount received as compensation exceeds the amount of the disability benefit, the policeman shall not receive the disability benefit until the disability benefit payable equals the amount of such compensation received without consideration of interest. Provides that if the widow, child or children, or parent or parents of a policeman, or any of these persons, receives any compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act for any injury resulting in the policeman's death, the annuities provided for those beneficiaries shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the annuities. Provides that in computing a policeman's service, periods during which the policeman received compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act shall be counted. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.


LRB102 23442 RPS 32614 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB3871LRB102 23442 RPS 32614 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
5changing Sections 5-157 and 5-212 as follows:
 
6    (40 ILCS 5/5-157)  (from Ch. 108 1/2, par. 5-157)
7    Sec. 5-157. Administration of disability benefits.
8    (a) If a policeman who is granted duty or ordinary
9disability benefit refuses to submit to examination by a
10physician appointed by the board, he shall have no further
11right to receive the benefit.
12    (b) A policeman who has withdrawn from service while
13disabled and entered upon annuity prior to the effective date,
14and who has thereafter been reinstated as a policeman, shall
15have no right to ordinary disability benefit in excess of the
16amount previously received unless he serves at least one year
17after such reinstatement. This provision shall apply
18throughout the duration of any disability incurred by the
19policeman within one year after his reinstatement resulting
20from any cause other than injury incurred in the performance
21of an act of duty.
22    (c) Until the effective date of this amendatory Act of the
2392nd General Assembly, a policeman who assumes regular

 

 

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1employment for compensation, while in receipt of ordinary or
2duty disability benefits, shall not be entitled to receive any
3amount of such disability benefits which, when added to his
4compensation for such employment during disability, would
5exceed 150% of the rate of salary which would be paid to him if
6he were working in his regularly appointed civil service
7position as a policeman. The changes made to this Section by
8Public Act 90-766 are not limited to persons in service on or
9after the effective date of that Act.
10    Beginning on the effective date of this amendatory Act of
11the 92nd General Assembly, the reduction of disability
12benefits due to compensation for employment previously imposed
13under this subsection (c) no longer applies to any person
14receiving a disability benefit under this Article, without
15regard to whether the person is in service on or after that
16date. The removal of this limitation by this amendatory Act is
17not retroactive and does not entitle any person to the
18restoration of amounts previously reduced or withheld under
19this subsection.
20    (d) Disability benefit shall not be paid for any part of
21time for which a disabled policeman shall receive any part of
22his salary.
23    (e) Except as herein otherwise provided, disability
24benefit shall not be paid for any disability based upon or
25caused by any mental or physical defect which the policeman
26had at the time he entered the police service.

 

 

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1    (f) Disability benefit shall not be allowed to any
2policeman who re-enters the public service in any capacity
3where his salary is payable in whole or in part by taxes levied
4upon taxable property in the city in which this Article is in
5effect, or out of special revenues of any department of the
6city. The disability benefit shall be suspended during the
7period he is in the public service for compensation, and shall
8be resumed when he withdraws from such service.
9    (g) If a policeman receives any compensation as temporary
10total disability, permanent total disability, a lump sum
11settlement award, or other payment under the Workers'
12Compensation Act or the Workers' Occupational Diseases Act for
13any injury resulting in disability, any disability benefit
14provided to the policeman for such disability under this
15Article shall be reduced by any compensation amount so
16received, if that compensation amount is less than the amount
17of the disability benefit. If the amount received as
18compensation exceeds the amount of the disability benefit, the
19policeman shall not receive the disability benefit until the
20disability benefit payable equals the amount of the
21compensation received without consideration of interest.
22    If the widow, child or children, or parent or parents of a
23policeman, or any of these persons, receives any compensation
24under the Workers' Compensation Act or the Workers'
25Occupational Diseases Act for any injury resulting in the
26policeman's death, the annuities provided under this Article

 

 

SB3871- 4 -LRB102 23442 RPS 32614 b

1for those beneficiaries shall be reduced by any compensation
2amount so received, if that compensation amount is less than
3the amount of the annuities. If the amount received as
4compensation exceeds the amount of the annuities for the
5widow, child or children, or parent or parents, the annuities
6shall not be payable until the accumulated value of the
7annuities equals the amount of the compensation received
8without consideration of interest. In making the adjustment,
9the annuity to the widow shall first be reduced.
10    (h) (g) Any disability benefit paid in violation of this
11Section or of this Article shall be construed to have been paid
12in error, and the amounts so paid shall be charged as a debit
13in the account of any person to whom the same was paid and
14shall be deducted from any moneys thereafter payable to such
15person out of this fund, or to the widow, heirs or estate of
16such person.
17(Source: P.A. 92-52, eff. 7-12-01.)
 
18    (40 ILCS 5/5-212)  (from Ch. 108 1/2, par. 5-212)
19    Sec. 5-212. Computation of service. In computing the
20service rendered by a policeman prior to the effective date,
21the following periods shall be counted, in addition to all
22periods during where he performed the duties of his position,
23as periods of service for annuity purposes only: all periods
24of (a) vacation; (b) leave of absence with whole or part pay;
25(c) leave of absence without pay on account of disability; and

 

 

SB3871- 5 -LRB102 23442 RPS 32614 b

1(d) leave of absence during which the policeman was engaged in
2the military or naval service of the United States of America.
3Service credit shall not be allowed for a policeman in receipt
4of a pension on account of disability from any pension fund
5superseded by this fund.
6    In computing the service rendered by a policeman on or
7after the effective date, the following periods shall be
8counted, in addition to all periods during which he performed
9the duties of his position, as periods of service for annuity
10purposes only: all periods of (a) vacation; (b) leave of
11absence with whole or part pay; (c) leave of absence during
12which the policeman was engaged in the military or naval
13service of the United States of America; (d) time that the
14policeman was engaged in the military or naval service of the
15United States of America, during which he was passed over on
16any eligible list posted from an entrance examination, due to
17the fact that he was in such military or naval service at the
18time he was called for appointment to the Police Department,
19to be computed from the date he was passed over on any eligible
20list and would have been first sworn in as a policeman had he
21not been engaged in the military or naval service of the United
22States of America, until the date of his discharge from such
23military or naval service; provided that such policeman shall
24pay into this Fund the same amount that would have been
25deducted from his salary had he been a policeman during the
26aforementioned portion of such military or naval service; (e)

 

 

SB3871- 6 -LRB102 23442 RPS 32614 b

1disability for which the policeman receives any disability
2benefit or compensation under the Workers' Compensation Act or
3the Workers' Occupational Diseases Act; (f) disability for
4which the policeman receives whole or part pay; (g) service
5for which credits and creditable service have been transferred
6to this Fund under Section 9-121.1, 14-105.1 or 15-134.3 of
7this Code; and (h) periods of service in the military, naval,
8or air forces of the United States entered upon before
9beginning service as an active policeman of a municipality as
10provided in Section 5-214.3.
11    In computing service on or after the effective date for
12ordinary disability benefit, all periods described in the
13preceding paragraph, except any such period for which a
14policeman receives ordinary disability benefit, shall be
15counted as periods of service.
16    In computing service for any of the purposes of this
17Article, no credit shall be given for any period during which a
18policeman was not rendering active service because of his
19discharge from the service, unless proceedings to test the
20legality of the discharge are filed in a court of competent
21jurisdiction within one year from the date of discharge and a
22final judgment is entered therein declaring the discharge
23illegal.
24    No overtime or extra service shall be included in
25computing service of a policeman and not more than one year or
26a fractional part thereof of service shall be allowed for

 

 

SB3871- 7 -LRB102 23442 RPS 32614 b

1service rendered during any calendar year.
2    In computing service for any of the purposes of this
3Article, credit shall be given for any periods during which a
4policeman who is a member of the General Assembly is on leave
5of absence or is otherwise authorized to be absent from duty to
6enable him or her to perform legislative duties,
7notwithstanding any reduction in salary for such periods and
8notwithstanding that the contributions paid by the policeman
9were based on a reduced salary rather than the full amount of
10salary attached to his or her career service rank.
11(Source: P.A. 96-1260, eff. 7-23-10.)
 
12    Section 90. The State Mandates Act is amended by adding
13Section 8.46 as follows:
 
14    (30 ILCS 805/8.46 new)
15    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
168 of this Act, no reimbursement by the State is required for
17the implementation of any mandate created by this amendatory
18Act of the 102nd General Assembly.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.