Full Text of SB2209 095th General Assembly
SB2209 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2209
Introduced 2/14/2008, by Sen. Randall M. Hultgren SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-114.1 |
from Ch. 108 1/2, par. 3-114.1 |
40 ILCS 5/4-110 |
from Ch. 108 1/2, par. 4-110 |
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Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code to provide that an employing municipality shall have the right to participate in any board hearing related to the granting of line of duty disability pension benefits. Effective immediately.
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| PENSION IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2209 |
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LRB095 18229 AMC 44313 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 3-114.1 and 4-110 as follows:
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| (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
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| Sec. 3-114.1. Disability pension - Line of duty.
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| (a) If a police officer as the result of sickness, accident | 9 |
| or injury
incurred in or resulting from the performance of an | 10 |
| act of duty, is found to be
physically or mentally disabled for | 11 |
| service in the police department, so as to
render necessary his | 12 |
| or her suspension or retirement from the police service,
the | 13 |
| police officer shall be entitled to a disability retirement | 14 |
| pension equal
to the greatest of (1) 65% of the salary attached | 15 |
| to the rank on the
police force held by the officer at the date | 16 |
| of suspension of duty or
retirement, (2) the retirement pension | 17 |
| that the police officer would be
eligible to receive if he or | 18 |
| she retired (but not including any automatic
annual increase in | 19 |
| that retirement pension), or (3) the pension provided
under | 20 |
| subsection (d), if applicable.
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| A police officer shall be considered "on duty" while on any | 22 |
| assignment
approved by the chief of the police department of | 23 |
| the municipality he or she
serves, whether the assignment is |
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LRB095 18229 AMC 44313 b |
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| within or outside the municipality.
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| (b) If a police officer on disability pension dies while | 3 |
| still disabled,
the disability pension shall continue to be | 4 |
| paid to his or her survivors in the
sequence provided in | 5 |
| Section 3-112.
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| (c) From and after July 1, 1987, any pension payable under | 7 |
| this
Section shall be at least $400 per month, without regard | 8 |
| to the fact that
the disability or death of the police officer | 9 |
| occurred prior to that date.
If the minimum pension established | 10 |
| in Section 3-113.1 is greater than the
minimum provided in this | 11 |
| Section, the Section 3-113.1 minimum controls.
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| (d) A disabled police officer who (1) is receiving a | 13 |
| pension under this
Section
on the effective date of this | 14 |
| amendatory Act of the 91st General Assembly, (2)
files with the | 15 |
| Fund, within 30 days after that effective date and annually
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| thereafter while the pension remains payable, a written | 17 |
| application for the
benefits of this subsection, including an | 18 |
| affidavit stating that the applicant
has not earned any income | 19 |
| from gainful employment during the most recently
concluded tax | 20 |
| year and a copy of his or her most recent Illinois income tax
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| return, (3) has service credit in the Fund for at least 7 years | 22 |
| of active duty,
and (4) has been receiving the pension under | 23 |
| this Section for a period which,
when added to the officer's | 24 |
| total service credit in the Fund, equals at least
20 years, | 25 |
| shall be eligible to receive an annual noncompounded increase | 26 |
| in his
or her pension under this Section, equal to 3% of the |
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| original pension.
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| The Fund may take appropriate steps to verify the | 3 |
| applicant's disability
and earnings status, and for this | 4 |
| purpose may request from the Department of
Revenue a certified | 5 |
| copy of the applicant's Illinois income tax return for any
year | 6 |
| for which a benefit under this Section is payable or has been | 7 |
| paid.
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| The annual increase shall accrue on each anniversary of the | 9 |
| initial pension
payment date, for so long as the pension | 10 |
| remains payable to the disabled police
officer and the required | 11 |
| annual application is made, except that the annual
increases | 12 |
| under this subsection shall cease if the disabled police | 13 |
| officer
earns income from gainful employment. Within 60 days | 14 |
| after accepting an
initial application under this subsection, | 15 |
| the Fund shall pay to the disabled
police officer, in a lump | 16 |
| sum without interest, the amounts resulting from the
annual | 17 |
| increases that have accrued retroactively.
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| This subsection is not limited to persons in active service | 19 |
| on or after its
effective date, but it applies only to a | 20 |
| pension that is payable under this
Section to a disabled police | 21 |
| officer (rather than a survivor). Upon the death
of the | 22 |
| disabled police officer, the annuity payable under this Section | 23 |
| to his
or her survivors shall include any annual increases | 24 |
| previously received, but no
additional increases shall accrue | 25 |
| under this subsection.
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| (e) An employing municipality shall have the right to |
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| participate in any board hearing related to the granting of | 2 |
| disability pension benefits under this Section. | 3 |
| (Source: P.A. 91-939, eff. 2-1-01.)
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| (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
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| Sec. 4-110. Disability pension - Line of duty. If a | 6 |
| firefighter, as the
result of sickness, accident or injury | 7 |
| incurred in or resulting from the
performance of an act of duty | 8 |
| or from the cumulative effects of acts of duty,
is found, | 9 |
| pursuant to Section 4-112, to be physically or mentally | 10 |
| permanently
disabled for service in the fire department, so as | 11 |
| to render necessary his or
her being placed on disability | 12 |
| pension, the firefighter shall be entitled to
a disability | 13 |
| pension equal to the greater of (1) 65% of the monthly
salary | 14 |
| attached to the rank held by him or her in the fire department | 15 |
| at the
date he or she is removed from the municipality's fire | 16 |
| department payroll or
(2) the retirement pension that the | 17 |
| firefighter would be eligible to receive
if he or she retired | 18 |
| (but not including any automatic annual increase in that
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| retirement pension). A firefighter shall be considered "on | 20 |
| duty" while on
any assignment approved by the chief of the fire | 21 |
| department, even though away
from the municipality he or she | 22 |
| serves as a firefighter, if the assignment
is related to the | 23 |
| fire protection service of the municipality.
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| Such firefighter shall also be entitled to a child's | 25 |
| disability benefit
of $20 a month on account of each unmarried |
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| child less than 18 years of age and
dependent upon the | 2 |
| firefighter for support, either the issue of the firefighter
or | 3 |
| legally adopted by him or her. The total amount of child's | 4 |
| disability
benefit payable to the firefighter, when added to | 5 |
| his or her disability
pension, shall not exceed 75% of the | 6 |
| amount of salary which the
firefighter was receiving at the | 7 |
| date of retirement.
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| Benefits payable on account of a child under this Section | 9 |
| shall not
be reduced or terminated by reason of the child's | 10 |
| attainment
of age 18 if he or she is then dependent by reason | 11 |
| of a physical or mental
disability but shall continue to be | 12 |
| paid as long as such dependency continues.
Individuals over the | 13 |
| age of 18 and adjudged to be disabled persons pursuant to
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| Article XIa of the Probate Act of 1975, except for persons | 15 |
| receiving benefits
under Article III of the Illinois Public Aid | 16 |
| Code, shall be eligible to receive
benefits under this Act.
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| If a firefighter dies while still disabled and receiving a | 18 |
| disability pension
under this Section, the disability pension | 19 |
| shall continue to be paid to the
firefighter's survivors in the | 20 |
| sequence provided in Section 4-114. A pension previously | 21 |
| granted
under Section 4-114 to a survivor of a firefighter who | 22 |
| died while receiving a
disability pension under this Section | 23 |
| shall be deemed to be a continuation
of the pension provided | 24 |
| under this Section and shall be deemed to be
in the nature of | 25 |
| worker's compensation payments. The changes to this Section
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| made by this amendatory Act of 1995 are intended to be |
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| retroactive and are not
limited to persons in service on or | 2 |
| after its effective date.
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| An employing municipality shall have the right to | 4 |
| participate in any board hearing related to the granting of | 5 |
| disability pension benefits under this Section. | 6 |
| (Source: P.A. 93-1090, eff. 3-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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