SB2918 EngrossedLRB103 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 Engrossed- 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 was placed on a
12disability pension under Article 3 of the Illinois Pension
13Code.
14(Source: Laws 1963, p. 1116.)
 
15    (65 ILCS 5/10-2.1-17.5 new)
16    Sec. 10-2.1-17.5. Disability as a cause for discharge;
17prohibited. A physical or mental disability that constitutes,
18in whole or in part, the basis of an application for benefits
19under Article 3 of the Illinois Pension Code may not be used,
20in whole or in part, as a cause for a municipality to discharge
21a police officer.
 
22    (65 ILCS 5/10-2.1-24)  (from Ch. 24, par. 10-2.1-24)
23    Sec. 10-2.1-24. Return to active duty. A person who has
24been on disability or military leave granted by the board and

 

 

SB2918 Engrossed- 3 -LRB103 36395 RPS 66497 b

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