94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1010

 

Introduced 2/3/2005, by Rep. Kevin Joyce

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-154.1   from Ch. 108 1/2, par. 5-154.1
30 ILCS 805/8.29 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.


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

 

 

A BILL FOR

 

HB1010 LRB094 09013 AMC 39234 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 5-154.1 as follows:
 
6     (40 ILCS 5/5-154.1)  (from Ch. 108 1/2, par. 5-154.1)
7     Sec. 5-154.1. Occupational disease disability benefit.
8     (a) The General Assembly finds that service in the police
9 department requires police officers in times of stress and
10 danger to perform unusual tasks; that police officers are
11 subject to exposure to extreme heat or extreme cold in certain
12 seasons while performing their duties; and that these
13 conditions exist and arise out of or in the course of
14 employment.
15     (b) Any police officer with at least 10 years of service
16 who suffers a heart attack or any other disabling heart disease
17 but is not entitled to a benefit under Section 5-154 is
18 entitled to receive an occupational disease disability benefit
19 under this Section. The occupational disease disability
20 benefit shall be 65% of the current salary attached from time
21 to time to the rank held by the police officer in the police
22 service at the time of his or her removal from the police
23 department payroll. However, no occupational disease
24 disability benefit that has been payable under this Section for
25 at least 10 years shall be less than 50% of the current salary
26 attached from time to time to the rank held by the police
27 officer at the time of his or her removal from the police
28 department payroll.
29     The police officer is also entitled to a child's disability
30 benefit of $100 per month for each natural or legally adopted
31 unmarried child less than age 18 dependent upon the police
32 officer for support. The total child's disability benefit shall

 

 

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1 not exceed 10% of the police officer's salary at the time of
2 removal from the police department payroll. The increase in
3 child's disability benefit provided by this amendatory Act of
4 the 92nd General Assembly applies beginning January 1, 2000 to
5 all such benefits payable on or after that date, regardless of
6 whether the disabled policeman is in active service on or after
7 the effective date of this amendatory Act.
8     The occupational disease disability benefit is payable
9 during the period of disability until the police officer
10 attains age 63 or compulsory retirement age, whichever occurs
11 later; thereafter the police officer shall receive the benefits
12 provided under the other provisions of this Article. If the
13 police officer ceases to be disabled, the occupational disease
14 disability benefit shall cease.
15     The child's disability benefit is payable during the period
16 of disability until the child attains age 18 or marries,
17 whichever event occurs first, except that a benefit payable on
18 account of a child under this Section shall not be reduced or
19 terminated by reason of the child's attainment of age 18 if he
20 or she is then dependent by reason of a physical or mental
21 disability, but shall continue to be paid as long as the
22 child's dependency and disability continue.
23     The changes made to this subsection (b) by this amendatory
24 Act of the 94th General Assembly apply without regard to
25 whether the police officer was in service on or after its
26 effective date. In the case of a person who is receiving an
27 occupational disease disability benefit on the effective date
28 of this amendatory Act of the 94th General Assembly, the
29 increase, if any, shall begin to accrue on the first benefit
30 payment date following that effective date.
31 (Source: P.A. 92-52, eff. 7-12-01.)
 
32     Section 90. The State Mandates Act is amended by adding
33 Section 8.29 as follows:
 
34     (30 ILCS 805/8.29 new)

 

 

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1     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
2 of this Act, no reimbursement by the State is required for the
3 implementation of any mandate created by this amendatory Act of
4 the 94th General Assembly.
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.