Full Text of HB5295 102nd General Assembly
HB5295enr 102ND GENERAL ASSEMBLY |
| | HB5295 Enrolled | | LRB102 23444 RPS 32616 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 | 5 | | changing Sections 5-157 and 5-212 as follows:
| 6 | | (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
| 7 | | Sec. 5-157. Administration of disability benefits.
| 8 | | (a) If a policeman who is granted duty or ordinary | 9 | | disability benefit
refuses to submit to examination by a | 10 | | physician appointed by the board, he
shall have no further | 11 | | right to receive the benefit.
| 12 | | (b) A policeman who has withdrawn from service while | 13 | | disabled and
entered upon annuity prior to the effective date, | 14 | | and who has thereafter been
reinstated as a policeman, shall | 15 | | have no right to ordinary disability
benefit in excess of the | 16 | | amount previously received unless he serves at
least one year | 17 | | after such reinstatement. This provision shall apply
| 18 | | throughout the duration of any disability incurred by the | 19 | | policeman within
one year after his reinstatement resulting | 20 | | from any cause other than injury
incurred in the performance | 21 | | of an act of duty.
| 22 | | (c) Until the effective date of this amendatory Act of the
| 23 | | 92nd General Assembly, a policeman who assumes regular |
| | | HB5295 Enrolled | - 2 - | LRB102 23444 RPS 32616 b |
|
| 1 | | employment
for compensation, while in receipt of ordinary or | 2 | | duty disability benefits,
shall not be entitled to receive any | 3 | | amount of such disability benefits which,
when added to his | 4 | | compensation for such employment during disability, would
| 5 | | exceed 150% of the rate of salary which would be paid to him if | 6 | | he were working
in his regularly appointed civil service | 7 | | position as a policeman. The changes
made to this Section by | 8 | | Public Act 90-766 are not limited to persons in service on or | 9 | | after the effective
date of that Act.
| 10 | | Beginning on the effective date of this amendatory Act of | 11 | | the 92nd
General Assembly, the reduction of disability | 12 | | benefits due to compensation for
employment previously imposed | 13 | | under this subsection (c) no longer applies to
any person | 14 | | receiving a disability benefit under this Article, without | 15 | | regard to
whether the person is in service on or after that | 16 | | date. The removal of this
limitation by this amendatory Act is | 17 | | not retroactive and does not entitle any
person to the | 18 | | restoration of amounts previously reduced or withheld under | 19 | | this
subsection.
| 20 | | (d) Disability benefit shall not be paid for any part of | 21 | | time for which
a disabled policeman shall receive any part of | 22 | | his salary.
| 23 | | (e) Except as herein otherwise provided, disability | 24 | | benefit shall not
be paid for any disability based upon or | 25 | | caused by any mental or physical
defect which the policeman | 26 | | had at the time he entered the police service.
|
| | | HB5295 Enrolled | - 3 - | LRB102 23444 RPS 32616 b |
|
| 1 | | (f) Disability benefit shall not be allowed to any | 2 | | policeman who
re-enters the public service in any capacity | 3 | | where his salary is payable in
whole or in part by taxes levied | 4 | | upon taxable property in the city in which
this Article is in | 5 | | effect, or out of special revenues of any department of the
| 6 | | city. The disability benefit shall be suspended during the | 7 | | period he is in
the public service for compensation, and shall | 8 | | be resumed when he withdraws
from such service.
| 9 | | (g) If a policeman receives any compensation as temporary | 10 | | total disability, permanent total disability, a lump sum | 11 | | settlement award, or other payment under the Workers' | 12 | | Compensation Act or the Workers' Occupational Diseases Act as | 13 | | a result of the policeman's secondary employment for any | 14 | | injury resulting in disability, any disability benefit | 15 | | provided to the policeman for such disability under this | 16 | | Article shall be reduced by any compensation amount so | 17 | | received, if that compensation amount is less than the amount | 18 | | of the disability benefit. If the amount received as | 19 | | compensation exceeds the amount of the disability benefit, the | 20 | | policeman shall not receive the disability benefit until the | 21 | | disability benefit payable equals the amount of the | 22 | | compensation received without consideration of interest. The | 23 | | calculation of compensation received by the policeman as | 24 | | provided in this Section shall not take into consideration any | 25 | | benefits received under the Line of Duty Compensation Act. | 26 | | If the widow, child or children, or parent or parents of a |
| | | HB5295 Enrolled | - 4 - | LRB102 23444 RPS 32616 b |
|
| 1 | | policeman, or any of these persons, receives any compensation | 2 | | under the Workers' Compensation Act or the Workers' | 3 | | Occupational Diseases Act as a result of the policeman's | 4 | | secondary employment for any injury resulting in the | 5 | | policeman's death, the annuities provided under this Article | 6 | | for those beneficiaries shall be reduced by any compensation | 7 | | amount so received, if that compensation amount is less than | 8 | | the amount of the annuities. If the amount received as | 9 | | compensation exceeds the amount of the annuities for the | 10 | | widow, child or children, or parent or parents, the annuities | 11 | | shall not be payable until the accumulated value of the | 12 | | annuities equals the amount of the compensation received | 13 | | without consideration of interest. In making the adjustment, | 14 | | the annuity to the widow shall first be reduced. The | 15 | | calculation of compensation received by the widow, child or | 16 | | children, or parent or parents of a policeman, or any of these | 17 | | persons, as provided in this Section shall not take into | 18 | | consideration any benefits received under the Line of Duty | 19 | | Compensation Act or the Public Safety Officers Benefits Act of | 20 | | 1976, 34 U.S.C. 10281 et seq. | 21 | | (h) (g) Any disability benefit paid in violation of this | 22 | | Section or of this
Article shall be construed to have been paid | 23 | | in error, and the amounts so
paid shall be charged as a debit | 24 | | in the account of any person to whom the
same was paid and | 25 | | shall be deducted from any moneys thereafter payable to
such | 26 | | person out of this fund, or to the widow, heirs or estate of |
| | | HB5295 Enrolled | - 5 - | LRB102 23444 RPS 32616 b |
|
| 1 | | such
person.
| 2 | | (Source: P.A. 92-52, eff. 7-12-01.)
| 3 | | (40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
| 4 | | Sec. 5-212. Computation of service. In computing the | 5 | | service rendered by a policeman prior to the
effective date, | 6 | | the following periods shall be counted, in addition to
all | 7 | | periods during where he performed the duties of his position, | 8 | | as
periods of service for annuity purposes only: all periods | 9 | | of (a)
vacation; (b) leave of absence with whole or part pay; | 10 | | (c) leave of
absence without pay on account of disability; and | 11 | | (d) leave of absence
during which the policeman was engaged in | 12 | | the military or naval service
of the United States of America. | 13 | | Service credit shall not be allowed for
a policeman in receipt | 14 | | of a pension on account of disability from any
pension fund | 15 | | superseded by this fund.
| 16 | | In computing the service rendered by a policeman on or | 17 | | after the
effective date, the following periods shall be | 18 | | counted, in addition to
all periods during which he performed | 19 | | the duties of his position, as
periods of service for annuity | 20 | | purposes only: all periods of (a)
vacation; (b) leave of | 21 | | absence with whole or part pay; (c) leave of
absence during | 22 | | which the policeman was engaged in the military or naval
| 23 | | service of the United States of America; (d) time that the | 24 | | policeman was
engaged in the military or naval service of the | 25 | | United States of
America, during which he was passed over on |
| | | HB5295 Enrolled | - 6 - | LRB102 23444 RPS 32616 b |
|
| 1 | | any eligible list posted
from an entrance examination, due to | 2 | | the fact that he was in such
military or naval service at the | 3 | | time he was called for appointment to
the Police Department, | 4 | | to be computed from the date he was passed over
on any eligible | 5 | | list and would have been first sworn in as a policeman
had he | 6 | | not been engaged in the military or naval service of the United
| 7 | | States of America, until the date of his discharge from such | 8 | | military or
naval service; provided that such policeman shall | 9 | | pay into this Fund the
same amount that would have been | 10 | | deducted from his salary had he been a
policeman during the | 11 | | aforementioned portion of such military or naval
service; (e) | 12 | | disability for which the policeman receives any disability
| 13 | | benefit or compensation under the Workers' Compensation Act or | 14 | | the Workers' Occupational Diseases Act ; (f) disability for | 15 | | which the policeman receives whole or
part pay; (g) service | 16 | | for which credits and creditable service have
been transferred | 17 | | to this Fund under Section 9-121.1, 14-105.1 or 15-134.3
of | 18 | | this Code; and (h) periods of service in the military, naval, | 19 | | or air forces of the United States entered upon before | 20 | | beginning service as an active policeman of a municipality as | 21 | | provided in Section 5-214.3.
| 22 | | In computing service on or after the effective date for | 23 | | ordinary
disability benefit, all periods described in the | 24 | | preceding paragraph,
except any such period for which a | 25 | | policeman receives ordinary
disability benefit, shall be | 26 | | counted as periods of service.
|
| | | HB5295 Enrolled | - 7 - | LRB102 23444 RPS 32616 b |
|
| 1 | | In computing service for any of the purposes of this | 2 | | Article, no
credit shall be given for any period during which a | 3 | | policeman was not
rendering active service because of his | 4 | | discharge from the service,
unless proceedings to test the | 5 | | legality of the discharge are filed in a
court of competent | 6 | | jurisdiction within one year from the date of
discharge and a | 7 | | final judgment is entered therein declaring the
discharge | 8 | | illegal.
| 9 | | No overtime or extra service shall be included in | 10 | | computing service
of a policeman and not more than one year or | 11 | | a fractional part thereof
of service shall be allowed for | 12 | | service rendered during any calendar
year.
| 13 | | In computing service for any of the purposes of this | 14 | | Article, credit
shall be given for any periods during which a
| 15 | | policeman who is a member of the General Assembly is on leave | 16 | | of absence or is
otherwise authorized to be absent from duty to | 17 | | enable him or her to perform
legislative duties, | 18 | | notwithstanding any reduction in salary for such periods
and | 19 | | notwithstanding that the contributions paid by the policeman | 20 | | were based on
a reduced salary rather than the full amount of | 21 | | salary attached to his or her
career service rank.
| 22 | | (Source: P.A. 96-1260, eff. 7-23-10.)
| 23 | | Section 90. The State Mandates Act is amended by adding | 24 | | Section 8.46 as follows: |
| | | HB5295 Enrolled | - 8 - | LRB102 23444 RPS 32616 b |
|
| 1 | | (30 ILCS 805/8.46 new) | 2 | | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | 3 | | 8 of this Act, no reimbursement by the State is required for | 4 | | the implementation of any mandate created by this amendatory | 5 | | Act of the 102nd General Assembly.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|