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| 1 | AN ACT concerning local government. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Sections 10-1-47 and 10-2.1-24 and by adding Sections | ||||||
| 6 | 10-1-18.3 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; | ||||||
| 9 | prohibited. A physical or mental disability that constitutes, | ||||||
| 10 | in whole or in part, the basis of an application for benefits | ||||||
| 11 | under Article 3 of the Illinois Pension Code may not be used, | ||||||
| 12 | in whole or in part, as a cause for a municipality to discharge | ||||||
| 13 | a 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 | ||||||
| 16 | or military leave granted by the commission and who wishes to | ||||||
| 17 | return to active duty in his certified position shall be | ||||||
| 18 | credited with seniority for the period of such leave and, if | ||||||
| 19 | otherwise qualified, shall be reinstated to his certified | ||||||
| 20 | position at the rank or grade held at the start of the leave, | ||||||
| 21 | not more than 60 days after his written request for | ||||||
| 22 | reinstatement is filed with the commission. Such request shall | ||||||
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| 1 | be filed not more than 30 days after termination of the | ||||||
| 2 | disability or military or naval service. | ||||||
| 3 | Upon the chief of the police department's receipt of a | ||||||
| 4 | certification under Section 3-116 of the Illinois Pension Code | ||||||
| 5 | that a police officer is no longer disabled and is able to | ||||||
| 6 | resume the duties of his or her position, the police officer | ||||||
| 7 | shall report to the chief of the police department. The chief | ||||||
| 8 | of the police department shall thereupon order immediate | ||||||
| 9 | reinstatement into active service, and the municipality shall | ||||||
| 10 | immediately return the police officer to its payroll, in the | ||||||
| 11 | same rank or grade held at the date he or she was placed on a | ||||||
| 12 | disability pension under Article 3 of the Illinois Pension | ||||||
| 13 | Code. | ||||||
| 14 | (Source: Laws 1963, p. 1116.) | ||||||
| 15 | (65 ILCS 5/10-2.1-17.5 new) | ||||||
| 16 | Sec. 10-2.1-17.5. Disability as a cause for discharge; | ||||||
| 17 | prohibited. A physical or mental disability that constitutes, | ||||||
| 18 | in whole or in part, the basis of an application for benefits | ||||||
| 19 | under Article 3 of the Illinois Pension Code may not be used, | ||||||
| 20 | in whole or in part, as a cause for a municipality to discharge | ||||||
| 21 | a police officer. | ||||||
| 22 | (65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24) | ||||||
| 23 | Sec. 10-2.1-24. Return to active duty. A person who has | ||||||
| 24 | been on disability or military leave granted by the board and | ||||||
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| 1 | who wishes to return to active duty in his certified position | ||||||
| 2 | shall be credited with seniority for the period of such leave | ||||||
| 3 | and, if otherwise qualified, shall be reinstated to his | ||||||
| 4 | certified position at the rank or grade held at the start of | ||||||
| 5 | the leave, not more than 60 days after his written request for | ||||||
| 6 | reinstatement is filed with the board. Such request shall be | ||||||
| 7 | filed not more than 30 days after termination of the | ||||||
| 8 | disability or military or naval service. | ||||||
| 9 | Upon receipt of a certification under Section 3-116 of the | ||||||
| 10 | Illinois Pension Code that a police officer is no longer | ||||||
| 11 | disabled and is able to resume the duties of his or her | ||||||
| 12 | position, the police officer shall then report to the chief of | ||||||
| 13 | the police department. The chief of the police department | ||||||
| 14 | shall thereupon order immediate reinstatement into active | ||||||
| 15 | service, and the municipality shall immediately return the | ||||||
| 16 | police officer to its payroll, in the same rank or grade held | ||||||
| 17 | at the date he or she was placed on a disability pension under | ||||||
| 18 | Article 3 of the Illinois Pension Code. | ||||||
| 19 | (Source: Laws 1965, p. 2840.) | ||||||