State of Illinois
90th General Assembly

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ House Amendment 001 ]


      40 ILCS 5/22-307          from Ch. 108 1/2, par. 22-307
      30 ILCS 805/8.21 new
          Amends Article 22, Division 3  of  the  Pension  Code  in
      relation  to  benefits  for  an injured policeman or fireman.
      Provides that the payment of  medical  expenses  or  a  death
      allowance  by  a  municipality  does  not limit or reduce the
      benefits available to the  policeman  or  fireman  under  the
      Workers'   Compensation  Act  or  the  Workers'  Occupational
      Diseases Act.  Amends  the  State  Mandates  Act  to  require
      implementation without reimbursement.  Effective immediately.
HB0718 Engrossed                               LRB9001715EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 22-307 and to amend the State Mandates Act.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Pension  Code  is amended by
 6    changing Section 22-307 as follows:
 7        (40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
 8        Sec. 22-307.  Common  law  or  statutory  rights  barred.
 9    Whenever  any city or village enacts an ordinance pursuant to
10    this Division, no common law or statutory  right  to  recover
11    damages  against  such  city  or  village for injury or death
12    sustained by any policeman or fireman while  engaged  in  the
13    line of his duty as such policeman or fireman, other than the
14    payment  of  the  allowances of money and of the medical care
15    and hospital treatment provided in such ordinance,  shall  be
16    available  to  any policeman or fireman who is covered by the
17    provisions  of  such  ordinance,  or  to  anyone  wholly   or
18    partially dependent upon such policeman or fireman, or to the
19    legal  representative  of  the  estate  of  such policeman or
20    fireman, or to anyone who  would  otherwise  be  entitled  to
21    recover  damages  for  such injury or death.  Nothing in this
22    Division 3 relieves any municipality with a population  under
23    500,000  of its duties under the Workers' Compensation Act or
24    the Workers' Occupational  Diseases  Act.   Nothing  in  this
25    Division   3   prevents   any   policeman  or  fireman  in  a
26    municipality with a population under  500,000  from  recovery
27    under   the   Workers'   Compensation  Act  or  the  Workers'
28    Occupational Diseases Act.
29        If any action against such city or village to  enforce  a
30    common   law  or  statutory  right  to  recover  damages  for
31    negligently causing the injury or death of any  policeman  or
HB0718 Engrossed            -2-                LRB9001715EGfg
 1    fireman, is pending, for trial or on appeal, at the time this
 2    Division  shall  come  in  force or is so pending at the time
 3    such ordinance  is  enacted,  the  amount  of  any  award  or
 4    allowance  of money made pursuant to such ordinance shall not
 5    be paid while such action is so pending and shall be reduced,
 6    before payment,  by  the  amount  of  any  judgment  obtained
 7    against  such city or village in such pending action; or such
 8    allowance of money, if already paid, together with all moneys
 9    expended pursuant to such  ordinance  for  medical  care  and
10    hospital  expenses,  may  be  set  off against such judgment,
11    either in such pending action or  through  other  appropriate
12    action by such city or village.
13    (Source: Laws 1963, p. 161.)
14        Section  90.  The State Mandates Act is amended by adding
15    Section 8.21 as follows:
16        (30 ILCS 805/8.21 new)
17        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
18    and  8 of this Act, no reimbursement by the State is required
19    for  the  implementation  of  any  mandate  created  by  this
20    amendatory Act of 1997.
21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.

[ Top ]