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Rep. Michael P. McAuliffe
Filed: 3/20/2007
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09500HB3079ham001 |
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LRB095 09229 AMC 32866 a |
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| AMENDMENT TO HOUSE BILL 3079
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| AMENDMENT NO. ______. Amend House Bill 3079 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Section 3-114.1 as follows:
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| (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
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| Sec. 3-114.1. Disability pension - Line of duty.
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| (a) If a police officer as the result of sickness, accident |
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| or injury
incurred in or resulting from the performance of an |
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| act of duty, is found to be
physically or mentally disabled for |
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| service in the police department, so as to
render necessary his |
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| or her suspension or retirement from the police service,
the |
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| police officer shall be entitled to a disability retirement |
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| pension equal
to the greatest of (1) 65% of the salary attached |
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| to the rank on the
police force held by the officer at the date |
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| of suspension of duty or
retirement, (2) the retirement pension |
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09500HB3079ham001 |
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LRB095 09229 AMC 32866 a |
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| that the police officer would be
eligible to receive if he or |
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| she retired (but not including any automatic
annual increase in |
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| that retirement pension), or (3) the pension provided
under |
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| subsection (d), if applicable.
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| A police officer shall be considered "on duty" while on any |
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| assignment
approved by the chief of the police department of |
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| the municipality he or she
serves, whether the assignment is |
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| within or outside the municipality.
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| (b) If a police officer on disability pension dies while |
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| still disabled,
the disability pension shall continue to be |
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| paid to his or her survivors in the
sequence provided in |
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| Section 3-112.
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| (c) From and after July 1, 1987, any pension payable under |
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| this
Section shall be at least $400 per month, without regard |
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| to the fact that
the disability or death of the police officer |
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| occurred prior to that date.
If the minimum pension established |
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| in Section 3-113.1 is greater than the
minimum provided in this |
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| Section, the Section 3-113.1 minimum controls.
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| (d) A disabled police officer who (1) is receiving a |
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| pension under this
Section
on the effective date of this |
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| amendatory Act of the 95th
91st General Assembly, (2)
files |
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| with the Fund, within 60
30 days after that effective date and |
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| annually
thereafter while the pension remains payable, a |
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| written application for the
benefits of this subsection, |
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| including an affidavit stating that the applicant
has not |
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| earned any income from gainful employment during the most |
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09500HB3079ham001 |
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LRB095 09229 AMC 32866 a |
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| recently
concluded tax year and a copy of his or her most |
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| recent Illinois income tax
return, (3) has service credit in |
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| the Fund for at least 7 years of active duty,
and (4) has been |
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| receiving the pension under this Section for a period which,
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| when added to the officer's total service credit in the Fund, |
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| equals at least
20 years, shall be eligible to receive an |
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| annual noncompounded increase in his
or her pension under this |
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| Section, equal to 3% of the original pension.
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| The Fund may take appropriate steps to verify the |
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| applicant's disability
and earnings status, and for this |
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| purpose may request from the Department of
Revenue a certified |
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| copy of the applicant's Illinois income tax return for any
year |
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| for which a benefit under this Section is payable or has been |
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| paid.
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| The annual increase shall accrue on each anniversary of the |
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| initial pension
payment date, for so long as the pension |
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| remains payable to the disabled police
officer and the required |
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| annual application is made, except that the annual
increases |
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| under this subsection shall cease if the disabled police |
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| officer
earns income from gainful employment. Within 60 days |
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| after accepting an
initial application under this subsection, |
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| the Fund shall pay to the disabled
police officer, in a lump |
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| sum without interest, the amounts resulting from the
annual |
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| increases that have accrued retroactively.
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| This subsection is not limited to persons in active service |
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| on or after its
effective date, but it applies only to a |
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LRB095 09229 AMC 32866 a |
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| pension that is payable under this
Section to a disabled police |
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| officer (rather than a survivor). Upon the death
of the |
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| disabled police officer, the annuity payable under this Section |
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| to his
or her survivors shall include any annual increases |
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| previously received, but no
additional increases shall accrue |
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| under this subsection.
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| (Source: P.A. 91-939, eff. 2-1-01.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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