103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3611

 

Introduced 2/9/2024, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-228  from Ch. 108 1/2, par. 5-228
30 ILCS 805/8.48 new

    Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman has an application for an ordinary disability benefit denied by the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by the Board and brings an action for administrative review challenging the termination or denial of the disability benefit and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB103 38084 RPS 68216 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB3611LRB103 38084 RPS 68216 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 Section 5-228 as follows:
 
6    (40 ILCS 5/5-228)  (from Ch. 108 1/2, par. 5-228)
7    Sec. 5-228. Administrative review.
8    (a) The provisions of the Administrative Review Law, and
9all amendments and modifications thereof and the rules adopted
10pursuant thereto, shall apply to and govern all proceedings
11for the judicial review of final administrative decisions of
12the retirement board provided for under this Article. The term
13"administrative decision" is as defined in Section 3-101 of
14the Code of Civil Procedure.
15    (b) If any policeman whose application for either a duty
16disability benefit under Section 5-154, or for an occupational
17disease disability benefit under Section 5-154.1, or for an
18ordinary disability benefit under Section 5-155 has been
19denied by the Retirement Board brings an action for
20administrative review challenging the denial of disability
21benefits and the policeman prevails in the action in
22administrative review, then the prevailing policeman shall be
23entitled to recover from the Fund court costs and litigation

 

 

SB3611- 2 -LRB103 38084 RPS 68216 b

1expenses, including reasonable attorney's fees, as part of the
2costs of the action.
3    (c) If a policeman whose duty disability benefits,
4ordinary disability benefits, or occupational disability
5benefits are terminated by the Retirement Board brings an
6action for administrative review challenging the termination
7of those disability benefits and prevails in the action in
8administrative review, then the prevailing policeman shall be
9entitled to recover from the Fund court costs and litigation
10expenses, including reasonable attorney's fees, as part of the
11costs of the action.
12(Source: P.A. 101-387, eff. 8-16-19.)
 
13    Section 90. The State Mandates Act is amended by adding
14Section 8.48 as follows:
 
15    (30 ILCS 805/8.48 new)
16    Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
178 of this Act, no reimbursement by the State is required for
18the implementation of any mandate created by this amendatory
19Act of the 103rd General Assembly.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.