96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5393


 
Introduced 2/5/2010, by Rep. Michael P. McAuliffe
 
SYNOPSIS AS INTRODUCED:
 		








  



40 ILCS 5/5-228
  from Ch. 108 1/2, par. 5-228



30 ILCS 805/8.34 new










    Amends the Chicago Police Article of the Illinois Pension Code. Provides that if any policeman whose application for either a duty disability benefit
or an occupational disease disability benefit has been denied by the Retirement Board brings an action for
administrative review challenging the denial of disability benefits and the
policeman prevails in the action in administrative review, then the prevailing
policeman shall be entitled to recover from the Fund court costs and litigation
expenses, including reasonable attorney's fees, as part of the costs of the
action. Effective immediately.
















LRB096 18688 AMC 34072 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB5393

LRB096 18688 AMC 34072 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 5-228 as follows:
 



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    (40 ILCS 5/5-228)  (from Ch. 108 1/2, par. 5-228)



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    Sec. 5-228. Administrative review. 
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    (a) The provisions of the Administrative Review Law,
and 
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all amendments and modifications thereof and the rules adopted

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pursuant thereto, shall apply to and govern all proceedings for 
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the
judicial review of final administrative decisions of the 
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retirement board
provided for under this Article. The term 
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"administrative decision" is as
defined in Section 3-101 of the 
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Code of Civil Procedure.
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    (b) If any policeman whose application for either a duty 
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disability benefit
under Section 5-154 or for an occupational 
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disease disability benefit under
Section 5-154.1 has been 
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denied by the Retirement Board brings an action for

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administrative review challenging the denial of disability 
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benefits and the
policeman prevails in the action in 
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administrative review, then the prevailing
policeman shall be 
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entitled to recover from the Fund court costs and litigation

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expenses, including reasonable attorney's fees, as part of the 
 


 






HB5393
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LRB096 18688 AMC 34072 b




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costs of the
action.


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(Source: P.A. 82-783.)

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.34 as follows:
 
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    (30 ILCS 805/8.34 new)
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    Sec. 8.34. 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 96th General Assembly.
 

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