103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2918

 

Introduced 1/26/2024, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-18.3 new
65 ILCS 5/10-1-47  from Ch. 24, par. 10-1-47
65 ILCS 5/10-2.1-17.5 new
65 ILCS 5/10-2.1-24  from Ch. 24, par. 10-2.1-24

    Amends the Illinois Municipal Code. Provides that a physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under the Downstate Police Article of the Illinois Pension Code may not be used, in whole or in part, as a cause for a municipality to discharge a police officer. Provides that, upon a chief of the police department's receipt of a certification from the board of trustees under the Downstate Police Article of the Illinois Pension Code that a police officer is no longer disabled and is able to resume the duties of his or her position, the police officer shall report to the chief of the police department. Provides that the chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she retired for disability under the Downstate Police Article of the Illinois Pension Code. Provides that the police officer shall then report to the chief of the police department. Provides that the chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she retired for disability under the Downstate Police Article of the Illinois Pension Code.


LRB103 36395 RPS 66497 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB2918LRB103 36395 RPS 66497 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 10-1-47 and 10-2.1-24 and by adding Sections
610-1-18.3 and 10-2.1-17.5 as follows:
 
7    (65 ILCS 5/10-1-18.3 new)
8    Sec. 10-1-18.3. Disability as a cause for discharge;
9prohibited. A physical or mental disability that constitutes,
10in whole or in part, the basis of an application for benefits
11under Article 3 of the Illinois Pension Code may not be used,
12in whole or in part, as a cause for a municipality to discharge
13a police officer.
 
14    (65 ILCS 5/10-1-47)  (from Ch. 24, par. 10-1-47)
15    Sec. 10-1-47. An employee who has been on disability leave
16or military leave granted by the commission and who wishes to
17return to active duty in his certified position shall be
18credited with seniority for the period of such leave and, if
19otherwise qualified, shall be reinstated to his certified
20position at the rank or grade held at the start of the leave,
21not more than 60 days after his written request for
22reinstatement is filed with the commission. Such request shall

 

 

SB2918- 2 -LRB103 36395 RPS 66497 b

1be filed not more than 30 days after termination of the
2disability or military or naval service.
3    Upon the chief of the police department's receipt of a
4certification under Section 3-116 of the Illinois Pension Code
5that a police officer is no longer disabled and is able to
6resume the duties of his or her position, the police officer
7shall report to the chief of the police department. The chief
8of the police department shall thereupon order immediate
9reinstatement into active service, and the municipality shall
10immediately return the police officer to its payroll, in the
11same rank or grade held at the date he or she retired for
12disability under Article 3 of the Illinois Pension Code.
13(Source: Laws 1963, p. 1116.)
 
14    (65 ILCS 5/10-2.1-17.5 new)
15    Sec. 10-2.1-17.5. Disability as a cause for discharge;
16prohibited. A physical or mental disability that constitutes,
17in whole or in part, the basis of an application for benefits
18under Article 3 of the Illinois Pension Code may not be used,
19in whole or in part, as a cause for a municipality to discharge
20a police officer.
 
21    (65 ILCS 5/10-2.1-24)  (from Ch. 24, par. 10-2.1-24)
22    Sec. 10-2.1-24. Return to active duty. A person who has
23been on disability or military leave granted by the board and
24who wishes to return to active duty in his certified position

 

 

SB2918- 3 -LRB103 36395 RPS 66497 b

1shall be credited with seniority for the period of such leave
2and, if otherwise qualified, shall be reinstated to his
3certified position at the rank or grade held at the start of
4the leave, not more than 60 days after his written request for
5reinstatement is filed with the board. Such request shall be
6filed not more than 30 days after termination of the
7disability or military or naval service.
8    Upon receipt of a certification under Section 3-116 of the
9Illinois Pension Code that a police officer is no longer
10disabled and is able to resume the duties of his or her
11position, the police officer shall then report to the chief of
12the police department. The chief of the police department
13shall thereupon order immediate reinstatement into active
14service, and the municipality shall immediately return the
15police officer to its payroll, in the same rank or grade held
16at the date he or she retired for disability under Article 3 of
17the Illinois Pension Code.
18(Source: Laws 1965, p. 2840.)