State of Illinois
2023 and 2024


Introduced 2/15/2023, by Rep. Patrick Windhorst


40 ILCS 5/3-116  from Ch. 108 1/2, par. 3-116
55 ILCS 5/3-6015.5 new
65 ILCS 5/10-3-13 new

    Amends the Downstate Police Article of the Illinois Pension Code. In a provision concerning submission to an examination to determine fitness for duty for police officers whose duties have been suspended because of disability, certification that a police officer is no longer disabled, and authorizing disabled police officers to be assigned to duty during an emergency, excludes police officers who have attained the age of 60. Amend the Counties Code and the Illinois Municipal Code. Provides that a deputy sheriff or police officer who is retired for disability and is 60 years old or older may not be recalled to service in any capacity. Effective immediately.

LRB103 30260 RPS 56688 b





HB2390LRB103 30260 RPS 56688 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by
5changing 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
8officer whose duty is suspended because of disability may be
9summoned to appear before the board, and to submit to an
10examination to determine fitness for duty. The officer shall
11abide by the board's decision. If a police officer retired for
12disability, except one who voluntarily retires after 20 years'
13service, is found upon medical examination to have recovered
14from disability, the board shall certify to the chief of
15police that the member is no longer disabled and is able to
16resume the duties of his or her position. In case of emergency,
17a disabled police officer may be assigned to and shall perform
18such duty without right to compensation as the chief of police
19or chief officer of the municipality may direct. This Section
20does not apply to a police officer who has attained the age of
22(Source: P.A. 83-1440.)



HB2390- 2 -LRB103 30260 RPS 56688 b

1    Section 10. The Counties Code is amended by adding Section
23-6015.5 as follows:
3    (55 ILCS 5/3-6015.5 new)
4    Sec. 3-6015.5. Recall of deputy sheriffs; limit. A deputy
5sheriff who is retired for disability and is 60 years old or
6older may not be recalled to service in any capacity.
7    Section 15. The Illinois Municipal Code is amended by
8adding Section 10-3-13 as follows:
9    (65 ILCS 5/10-3-13 new)
10    Sec. 10-3-13. Recall of police officers; limit. A police
11officer who is retired for disability and is 60 years old or
12older may not be recalled to service in any capacity.
13    Section 99. Effective date. This Act takes effect upon
14becoming law.