HB3840 96TH GENERAL ASSEMBLY

LRB096 05778 AMC 15853 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3840

Introduced 2/25/2009, by Rep. Chapin Rose

SYNOPSIS AS INTRODUCED:

40 ILCS 5/3-116	from Ch. 108 1/2, par. 3-116
40 ILCS 5/5-156	from Ch. 108 1/2, par. 5-156
30 ILCS 805/8.33 new

Amends the Downstate Police and Chicago Police Articles 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.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public employee benefits.

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

Section 5. The Illinois Pension Code is amended by changing Sections 3-116 and 5-156 as follows:

(40 ILCS 5/3-116) (from Ch. 108 1/2, par. 3-116)

Sec. 3-116. Examination and emergency service. A police officer whose duty is suspended because of disability may be summoned to appear before the board, and to submit to an examination to determine fitness for duty. The officer shall abide by the board's decision. If a police officer retired for disability, except one who voluntarily retires after 20 years' service, is found upon medical examination to have recovered from disability, the board shall certify to the chief of police that the member 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 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. If the police officer must file a civil action against the municipality to enforce his or her mandated return to payroll under this Section, then the police officer is entitled to recovery of reasonable court costs and attorney's fees. In case of emergency, a disabled police officer may be assigned to and shall perform such duty without right to compensation as the chief of police or chief officer of the municipality may direct.

(Source: P.A. 83-1440.)

(40 ILCS 5/5-156) (from Ch. 108 1/2, par. 5-156)

Sec. 5-156. Proof of disability - Physical examinations. Proof of duty, occupational disease, or ordinary disability shall be furnished to the board by at least one licensed and practicing physician appointed by the board. In cases where the board requests an applicant to get a second opinion, the applicant must select a physician from a list of qualified licensed and practicing physicians who specialize in the various medical areas related to duty injuries and illnesses, as established by the board. The board may require other evidence of disability. A disabled policeman who receives a duty, occupational disease, or ordinary disability benefit shall be examined at least once a year by one or more physicians appointed by the board. When the disability ceases, the board shall discontinue payment of the benefit, and the policeman shall be returned to active service. The policeman shall report to the chief of the department, who shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the policeman to its payroll, in the same rank or grade held at the date he or she was placed on disability pension. If the policeman must file a civil action against the municipality to enforce his or her mandated return to payroll under this Section, then the policeman is entitled to recovery of reasonable court costs and attorney's fees.

(Source: P.A. 90-766, eff. 8-14-98.)

Section 90. The State Mandates Act is amended by adding Section 8.33 as follows:

(30 ILCS 805/8.33 new)

Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.

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