96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2793

 

Introduced 1/28/2010, by Sen. Mike Jacobs

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-116   from Ch. 108 1/2, par. 3-116
30 ILCS 805/8.34 new

    Amends the Downstate Police Article of the Illinois Pension Code. In provisions concerning recovery from disability, provides that the police officer shall report to the chief of the department, who 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 was placed on disability pension. Provides that, if the police officer must file a civil action against the municipality to enforce his or her mandated return to payroll, then the police officer is entitled to recovery of reasonable court costs and attorney's fees. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB096 19667 AMC 35067 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2793 LRB096 19667 AMC 35067 b

1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Section 3-116 as follows:
 
6     (40 ILCS 5/3-116)  (from Ch. 108 1/2, par. 3-116)
7     Sec. 3-116. Examination and emergency service. A police
8 officer whose duty is suspended because of disability may be
9 summoned to appear before the board, and to submit to an
10 examination to determine fitness for duty. The officer shall
11 abide by the board's decision. If a police officer retired for
12 disability, except one who voluntarily retires after 20 years'
13 service, is found upon medical examination to have recovered
14 from disability, the board shall certify to the chief of police
15 that the member is no longer disabled and is able to resume the
16 duties of his or her position. The police officer shall report
17 to the chief of the department, who shall thereupon order
18 immediate reinstatement into active service, and the
19 municipality shall immediately return the police officer to its
20 payroll, in the same rank or grade held at the date he or she
21 was placed on disability pension. If the police officer must
22 file a civil action against the municipality to enforce his or
23 her mandated return to payroll under this Section, then the

 

 

SB2793 - 2 - LRB096 19667 AMC 35067 b

1 police officer is entitled to recovery of reasonable court
2 costs and attorney's fees. In case of emergency, a disabled
3 police officer may be assigned to and shall perform such duty
4 without right to compensation as the chief of police or chief
5 officer of the municipality may direct.
6 (Source: P.A. 83-1440.)
 
7     Section 90. The State Mandates Act is amended by adding
8 Section 8.34 as follows:
 
9     (30 ILCS 805/8.34 new)
10     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
11 of this Act, no reimbursement by the State is required for the
12 implementation of any mandate created by this amendatory Act of
13 the 96th General Assembly.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.