State of Illinois
91st General Assembly
Legislation

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91_HB0200

 
                                               LRB9100904EGfg

 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 5-154 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 5-154 as follows:

 7        (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
 8        Sec. 5-154.  Duty disability benefit; child's  disability
 9    benefit.
10        (a)  An active policeman who becomes disabled on or after
11    the  effective  date  as  the result of injury incurred on or
12    after such date in the performance of an act of duty,  has  a
13    right to receive duty disability benefit during any period of
14    such disability for which he does not have a right to receive
15    salary,  equal  to 75% of his salary, as salary is defined in
16    this Article, at the time the disability is  allowed;  or  in
17    the  case  of  a  policeman on duty disability who returns to
18    active employment at any time for a  period  of  at  least  2
19    years  and  is  again disabled from the same cause or causes,
20    75% of his salary, as salary is defined in this  Article,  at
21    the  time  disability  is  allowed;  provided,  that  if  the
22    disability  resulted  from  any  physical  defect  or  mental
23    disorder  or any disease which existed at the time the injury
24    was sustained, or if the disability is less than 50% of total
25    disability for any service of a remunerative  character,  the
26    duty  disability benefit shall be 50% of salary as defined in
27    this Article.  However, beginning January 1,  1996,  no  duty
28    disability  benefit  that has been payable under this Section
29    for at least 10 years shall be less than 50% of  the  current
30    salary  attached  from  time  to time to the rank held by the
31    policeman at the time of removal from the  police  department
 
                            -2-                LRB9100904EGfg
 1    payroll.  In the case of a person receiving a duty disability
 2    benefit  under  this  Section  on  the effective date of this
 3    amendatory Act of the 91st General Assembly, the increase  in
 4    benefit  provided by this amendatory Act, if any, shall begin
 5    to accrue on January 1, 2000, regardless of whether the  that
 6    removal  from  payroll  occurred before the effective date of
 7    this amendatory Act of the 91st General Assembly 1995.
 8        (b)  The policeman shall also have  a  right  to  child's
 9    disability benefit of $30 per month for each unmarried child,
10    the  issue  of the policeman, less than age 18, but the total
11    amount of child's disability benefit shall not exceed 25%  of
12    his salary as defined in this Article.
13        (c)  Duty  disability  benefit shall be payable until the
14    policeman becomes age  63  or  would  have  been  retired  by
15    operation  of law, whichever is later, and child's disability
16    benefit shall be paid during any such  period  of  disability
17    until  the  child  attains  age 18.  Thereafter the policeman
18    shall receive the annuity provided  in  accordance  with  the
19    other provisions of this Article.
20        (d)  A  policeman  who  suffers a heart attack during the
21    performance and discharge of his or her duties as a policeman
22    shall be considered injured in the performance of an  act  of
23    duty  and  shall  be  eligible for all benefits that the City
24    provides for police officers injured in the performance of an
25    act of  duty.   This  subsection  (d)  is  a  restatement  of
26    existing  law  and  applies  without  regard  to  whether the
27    policeman is in service on or after  the  effective  date  of
28    Public Act 89-12 or this amendatory Act of 1996.
29    (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)

30        Section  90.  The State Mandates Act is amended by adding
31    Section 8.23 as follows:

32        (30 ILCS 805/8.23 new)
 
                            -3-                LRB9100904EGfg
 1        Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
 2    and  8 of this Act, no reimbursement by the State is required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of the 91st General Assembly.

 5        Section 99. Effective date.  This Act takes  effect  upon
 6    becoming law.

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