Illinois General Assembly - Full Text of SB3609
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Full Text of SB3609  103rd General Assembly

SB3609 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3609

 

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

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-156.5 new
30 ILCS 805/8.48 new

    Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who applies for disability benefits under the Article and has been denied reinstatement as a policeman by his or her employer because of a physical or mental incapacity shall be presumed to be disabled as that term is used in the Article. Provides that no policeman who otherwise meets the requirements for a disability benefit shall be denied a disability benefit unless and until the policeman's employer reinstates him or her as a policeman or offers him or her a limited-duty position. Provides that the changes apply retroactively to January 1, 2023. Provides that any policeman who has been denied a disability benefit without an offer of reinstatement or a limited-duty position after January 1, 2023 shall be entitled to retroactive disability benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB103 38080 RPS 68212 b

 

 

A BILL FOR

 

SB3609LRB103 38080 RPS 68212 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 adding
5Section 5-156.5 as follows:
 
6    (40 ILCS 5/5-156.5 new)
7    Sec. 5-156.5. Presumption of disability; reinstatement.
8    (a) A policeman who applies for disability benefits under
9this Article and has been denied reinstatement as a policeman
10by his or her employer because of a physical or mental
11incapacity shall be presumed to be disabled as that term is
12used in this Article.
13    (b) No policeman who otherwise meets the requirements for
14a disability benefit shall be denied a disability benefit
15unless and until the policeman's employer reinstates him or
16her as a policeman or offers him or her a limited-duty
17position.
18    (c) This Section shall apply retroactively to January 1,
192023. Any policeman who has been denied a disability benefit
20without an offer of reinstatement or a limited-duty position
21after January 1, 2023 shall be entitled to retroactive
22disability benefits. Notwithstanding Section 1-103.1, this
23Section applies without regard to whether the policeman was in

 

 

SB3609- 2 -LRB103 38080 RPS 68212 b

1service on or after the effective date of this amendatory Act
2of the 103rd General Assembly.
 
3    Section 90. The State Mandates Act is amended by adding
4Section 8.48 as follows:
 
5    (30 ILCS 805/8.48 new)
6    Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
78 of this Act, no reimbursement by the State is required for
8the implementation of any mandate created by this amendatory
9Act of the 103rd General Assembly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.