SB2918eng 103RD GENERAL ASSEMBLY

SB2918 Engrossed LRB103 36395 RPS 66497 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Sections 10-1-47 and 10-2.1-24 and by adding Sections 10-1-18.3 and 10-2.1-17.5 as follows:

(65 ILCS 5/10-1-18.3 new)

Sec. 10-1-18.3. Disability as a cause for discharge; prohibited. A physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under Article 3 of the Illinois Pension Code may not be used, in whole or in part, as a cause for a municipality to discharge a police officer.

(65 ILCS 5/10-1-47) (from Ch. 24, par. 10-1-47)

Sec. 10-1-47. An employee who has been on disability leave or military leave granted by the commission and who wishes to return to active duty in his certified position shall be credited with seniority for the period of such leave and, if otherwise qualified, shall be reinstated to his certified position at the rank or grade held at the start of the leave, not more than 60 days after his written request for reinstatement is filed with the commission. Such request shall be filed not more than 30 days after termination of the disability or military or naval service.

Upon the chief of the police department's receipt of a certification under Section 3-116 of the Illinois Pension Code that a police officer is no longer disabled and is able to resume the duties of his or her position, the police officer shall report to the chief of the police department. The chief of the police department 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 a disability pension under Article 3 of the Illinois Pension Code.

(Source: Laws 1963, p. 1116.)

(65 ILCS 5/10-2.1-17.5 new)

Sec. 10-2.1-17.5. Disability as a cause for discharge; prohibited. A physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under Article 3 of the Illinois Pension Code may not be used, in whole or in part, as a cause for a municipality to discharge a police officer.

(65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24)

Sec. 10-2.1-24. Return to active duty. A person who has been on disability or military leave granted by the board and who wishes to return to active duty in his certified position shall be credited with seniority for the period of such leave and, if otherwise qualified, shall be reinstated to his certified position at the rank or grade held at the start of the leave, not more than 60 days after his written request for reinstatement is filed with the board. Such request shall be filed not more than 30 days after termination of the disability or military or naval service.

Upon receipt of a certification under Section 3-116 of the Illinois Pension Code that a police officer is no longer disabled and is able to resume the duties of his or her position, the police officer shall then report to the chief of the police department. The chief of the police department 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 a disability pension under Article 3 of the Illinois Pension Code.

(Source: Laws 1965, p. 2840.)