State of Illinois
90th General Assembly
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90_HB2602

      40 ILCS 5/5-157           from Ch. 108 1/2, par. 5-157
      30 ILCS 805/8.22 new
          Amends the Chicago Police Article of the Pension Code  to
      remove   the  earnings  limitation  on  disability  benefits.
      Amends the  State  Mandates  Act  to  require  implementation
      without reimbursement.  Effective immediately.
                                                     LRB9009026EGfg
                                               LRB9009026EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 5-157 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 5-157 as follows:
 7        (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
 8        Sec. 5-157. Administration of disability benefits.
 9        (a)  If a policeman  who  is  granted  duty  or  ordinary
10    disability  benefit  refuses  to  submit  to examination by a
11    physician appointed by the board, he shall  have  no  further
12    right to receive the benefit.
13        (b)  A  policeman  who  has  withdrawn from service while
14    disabled and entered upon  annuity  prior  to  the  effective
15    date,  and who has thereafter been reinstated as a policeman,
16    shall have no right to ordinary disability benefit in  excess
17    of  the  amount previously received unless he serves at least
18    one year after  such  reinstatement.   This  provision  shall
19    apply  throughout  the duration of any disability incurred by
20    the  policeman  within  one  year  after  his   reinstatement
21    resulting  from  any  cause other than injury incurred in the
22    performance of an act of duty.
23        (c)  Until January  1,  1999,  a  policeman  who  assumes
24    regular  employment  for  compensation,  while  in receipt of
25    ordinary or duty disability benefits, shall not  be  entitled
26    to receive any amount of such disability benefits which, when
27    added   to   his  compensation  for  such  employment  during
28    disability, would exceed the rate of salary  which  would  be
29    paid  to  him  if  he were working in his regularly appointed
30    civil service position as a policeman;  or,  from  and  after
31    January  1, 1970 until January 1, 1999, the rate of salary on
                            -2-                LRB9009026EGfg
 1    which his disability benefit is based.
 2        Beginning January 1, 1999, the  reduction  of  disability
 3    benefits   due  to  compensation  for  employment  previously
 4    imposed under this subsection (c) no longer  applies  to  any
 5    person  receiving  a  disability  benefit under this Article,
 6    without regard to whether the person  is  in  service  on  or
 7    after the effective date of this amendatory Act of 1998.  The
 8    removal  of  this  limitation   by this amendatory Act is not
 9    retroactive  and  does  not  entitle  any   person   to   the
10    restoration  of  amounts previously reduced or withheld under
11    this subsection.
12        (d)  Disability benefit shall not be paid for any part of
13    time for which a disabled policeman shall receive any part of
14    his salary.
15        (e)  Except  as  herein  otherwise  provided,  disability
16    benefit shall not be paid for any disability  based  upon  or
17    caused  by  any mental or physical defect which the policeman
18    had at the time he entered the police service.
19        (f)  Disability benefit  shall  not  be  allowed  to  any
20    policeman  who  re-enters  the public service in any capacity
21    where his salary is payable in whole  or  in  part  by  taxes
22    levied  upon  taxable  property  in  the  city  in which this
23    Article is in effect, or  out  of  special  revenues  of  any
24    department  of  the  city.   The  disability benefit shall be
25    suspended during the period he is in the public  service  for
26    compensation,  and  shall  be  resumed when he withdraws from
27    such service.
28        (g)  Any disability benefit paid  in  violation  of  this
29    Section  or  of  this Article shall be construed to have been
30    paid in error, and the amounts so paid shall be charged as  a
31    debit  in the account of any person to whom the same was paid
32    and shall be deducted from any moneys thereafter  payable  to
33    such  person  out  of  this  fund,  or to the widow, heirs or
34    estate of such person.
                            -3-                LRB9009026EGfg
 1    (Source: P.A. 76-847.)
 2        Section 90.  The State Mandates Act is amended by  adding
 3    Section 8.22 as follows:
 4        (30 ILCS 805/8.22 new)
 5        Sec.  8.22.  Exempt  mandate.  Notwithstanding Sections 6
 6    and 8 of this Act, no reimbursement by the State is  required
 7    for  the  implementation  of  any  mandate  created  by  this
 8    amendatory Act of 1998.
 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.

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