103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2918
 
Introduced 1/26/2024, by Sen. Robert F. Martwick
 
SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-18.3 new
65 ILCS 5/10-1-47  from Ch. 24, par. 10-1-47
65 ILCS 5/10-2.1-17.5 new
65 ILCS 5/10-2.1-24  from Ch. 24, par. 10-2.1-24
    Amends the Illinois Municipal Code. Provides that a physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under the Downstate Police Article of the Illinois Pension Code may not be used, in whole or in part, as a cause for a municipality to discharge a police officer. Provides that, upon a chief of the police department's receipt of a certification from the board of trustees under the Downstate Police Article of the Illinois Pension Code that a police officer is no longer disabled and is able to resume the duties of his or her position, the police officer shall report to the chief of the police department. Provides that the chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she retired for disability under the Downstate Police Article of the Illinois Pension Code. Provides that the police officer shall then report to the chief of the police department. Provides that the chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she retired for disability under the Downstate Police Article of the Illinois Pension Code.


LRB103 36395 RPS 66497 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
					
 
 
A BILL FOR
 
SB2918LRB103 36395 RPS 66497 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by 
5changing Sections 10-1-47 and 10-2.1-24 and by adding Sections 
610-1-18.3 and 10-2.1-17.5 as follows:
 
7    (65 ILCS 5/10-1-18.3 new)
8    Sec. 10-1-18.3. Disability as a cause for discharge; 
9prohibited. A physical or mental disability that constitutes, 
10in whole or in part, the basis of an application for benefits 
11under Article 3 of the Illinois Pension Code may not be used, 
12in whole or in part, as a cause for a municipality to discharge 
13a police officer.
 
14    (65 ILCS 5/10-1-47)  (from Ch. 24, par. 10-1-47)
15    Sec. 10-1-47. An employee who has been on disability leave 
16or military leave granted by the commission and who wishes to 
17return to active duty in his certified position shall be 
18credited with seniority for the period of such leave and, if 
19otherwise qualified, shall be reinstated to his certified 
20position at the rank or grade held at the start of the leave, 
21not more than 60 days after his written request for 
22reinstatement is filed with the commission. Such request shall 
 
 
SB2918- 2 -LRB103 36395 RPS 66497 b

1be filed not more than 30 days after termination of the 
2disability or military or naval service.
3    Upon the chief of the police department's receipt of a 
4certification under Section 3-116 of the Illinois Pension Code 
5that a police officer is no longer disabled and is able to 
6resume the duties of his or her position, the police officer 
7shall report to the chief of the police department. The chief 
8of the police department shall thereupon order immediate 
9reinstatement into active service, and the municipality shall 
10immediately return the police officer to its payroll, in the 
11same rank or grade held at the date he or she retired for 
12disability under Article 3 of the Illinois Pension Code. 
13(Source: Laws 1963, p. 1116.)
 
14    (65 ILCS 5/10-2.1-17.5 new)
15    Sec. 10-2.1-17.5. Disability as a cause for discharge; 
16prohibited. A physical or mental disability that constitutes, 
17in whole or in part, the basis of an application for benefits 
18under Article 3 of the Illinois Pension Code may not be used, 
19in whole or in part, as a cause for a municipality to discharge 
20a police officer.
 
21    (65 ILCS 5/10-2.1-24)  (from Ch. 24, par. 10-2.1-24)
22    Sec. 10-2.1-24. Return to active duty. A person who has 
23been on disability or military leave granted by the board and 
24who wishes to return to active duty in his certified position 
 
 
SB2918- 3 -LRB103 36395 RPS 66497 b

1shall be credited with seniority for the period of such leave 
2and, if otherwise qualified, shall be reinstated to his 
3certified position at the rank or grade held at the start of 
4the leave, not more than 60 days after his written request for 
5reinstatement is filed with the board. Such request shall be 
6filed not more than 30 days after termination of the 
7disability or military or naval service.
8    Upon receipt of a certification under Section 3-116 of the 
9Illinois Pension Code that a police officer is no longer 
10disabled and is able to resume the duties of his or her 
11position, the police officer shall then report to the chief of 
12the police department. The chief of the police department 
13shall thereupon order immediate reinstatement into active 
14service, and the municipality shall immediately return the 
15police officer to its payroll, in the same rank or grade held 
16at the date he or she retired for disability under Article 3 of 
17the Illinois Pension Code. 
18(Source: Laws 1965, p. 2840.)