93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5203


 
Introduced 2/5/2004, by Ralph C. Capparelli
 
SYNOPSIS AS INTRODUCED:
 		















40 ILCS 5/5-154.1
  from Ch. 108 1/2, par. 5-154.1



30 ILCS 805/8.28 new









    Amends the Chicago Police Article of the Illinois Pension Code. Provides that the occupational disease disability benefit shall be equal to 65% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll (now the greater of 65% of the salary attached to the rank held by the police officer in the police service at the time of his or her removal from the police department payroll or 50%   of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















LRB093 18360 LRD 44067 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB5203

LRB093 18360 LRD 44067 b






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    AN ACT concerning public employee benefits.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Pension Code is amended  by changing 
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Section 5-154.1 as follows:
 



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    (40 ILCS 5/5-154.1)  (from Ch. 108 1/2, par. 5-154.1)



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    Sec. 5-154.1. Occupational disease disability benefit. 

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    (a) The General Assembly finds that service in the police

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department requires police officers in times of stress
and 
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danger to perform unusual tasks; that police officers are

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subject to exposure to extreme heat or extreme
cold in certain 
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seasons while performing their duties; and that these

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conditions exist and arise out of or in the course of 
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employment.

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    (b) Any police officer with at least 10 years of service 
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who suffers a
heart attack or any other disabling heart disease 
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but is not entitled to a
benefit under Section 5-154 is 
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entitled to receive an occupational disease
disability benefit 
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under this Section.  The occupational disease disability

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benefit shall be 65% of the current salary attached from time 
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to time to the rank held by the police
officer in the police 
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service at the time of his or her removal from the police

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department payroll.  However, no occupational disease 
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disability benefit that
has been payable under this Section for 
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at least 10 years shall be less than
50% of the current salary 
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attached from time to time to the rank held by the
police 
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officer at the time of his or her removal from the police 
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department
payroll.

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    The police officer is also entitled to a child's disability 
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benefit of
$100 per month for each natural or legally adopted 
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unmarried child
less than age 18 dependent upon the police 
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officer for support.  The total
child's disability benefit shall 
 


 






HB5203
- 2 -
LRB093 18360 LRD 44067 b




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not exceed 10% of the police officer's salary
at the time of 
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removal from the police department payroll.  The increase
in 
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child's disability benefit provided by this amendatory Act of 
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the 92nd
General Assembly applies beginning January 1, 2000 to 
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all such benefits payable
on or after that date, regardless of 
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whether the disabled policeman is in
active service on or after 
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the effective date of this amendatory Act.

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    The occupational disease disability benefit is payable 
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during the period of
disability until the police officer 
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attains age 63 or compulsory retirement
age, whichever occurs 
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later; thereafter the police officer shall receive the
benefits 
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provided under the other provisions of this Article.  If the 
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police
officer ceases to be disabled, the occupational disease 
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disability benefit
shall cease.

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    The child's disability benefit is payable during the period 
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of disability
until the child attains age 18 or marries, 
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whichever event occurs first,
except that a benefit payable on 
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account of a child under this Section shall
not be reduced or 
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terminated by reason of the child's attainment of age 18
if he 
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or she is then dependent by reason of a physical or mental 
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disability,
but shall continue to be paid as long as the 
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child's dependency and
disability continue.

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(Source: P.A. 92-52, eff. 7-12-01.)

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.28 as
follows:


 
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    (30 ILCS 805/8.28 new)

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    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this
Act, no reimbursement by the State is required for the 
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implementation of
any mandate created by this amendatory Act of 
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the 93rd General Assembly.

 

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