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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB0718
40 ILCS 5/22-307 from Ch. 108 1/2, par. 22-307
30 ILCS 805/8.21 new
Amends Article 22, Division 3 of the Pension Code in
relation to benefits for an injured policeman or fireman.
Provides that the payment of medical expenses or a death
allowance by a municipality does not limit or reduce the
benefits available to the policeman or fireman under the
Workers' Compensation Act or the Workers' Occupational
Diseases Act. Amends the State Mandates Act to require
implementation without reimbursement. Effective immediately.
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LRB9001715EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 22-307 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 22-307 as follows:
7 (40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
8 Sec. 22-307. Common law or statutory rights barred.
9 Whenever any city or village enacts an ordinance pursuant to
10 this Division, no common law or statutory right to recover
11 damages against such city or village for injury or death
12 sustained by any policeman or fireman while engaged in the
13 line of his duty as such policeman or fireman, other than the
14 payment of the allowances of money and of the medical care
15 and hospital treatment provided in such ordinance, shall be
16 available to any policeman or fireman who is covered by the
17 provisions of such ordinance, or to anyone wholly or
18 partially dependent upon such policeman or fireman, or to the
19 legal representative of the estate of such policeman or
20 fireman, or to anyone who would otherwise be entitled to
21 recover damages for such injury or death; however, this
22 Section and this Division 3 do not limit or reduce the
23 compensation and benefits payable or available to a policeman
24 or fireman or his or her dependents or estate under the
25 Workers' Compensation Act or the Workers' Occupational
26 Diseases Act.
27 If any action against such city or village to enforce a
28 common law or statutory right to recover damages for
29 negligently causing the injury or death of any policeman or
30 fireman, is pending, for trial or on appeal, at the time this
31 Division shall come in force or is so pending at the time
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1 such ordinance is enacted, the amount of any award or
2 allowance of money made pursuant to such ordinance shall not
3 be paid while such action is so pending and shall be reduced,
4 before payment, by the amount of any judgment obtained
5 against such city or village in such pending action; or such
6 allowance of money, if already paid, together with all moneys
7 expended pursuant to such ordinance for medical care and
8 hospital expenses, may be set off against such judgment,
9 either in such pending action or through other appropriate
10 action by such city or village.
11 (Source: Laws 1963, p. 161.)
12 Section 90. The State Mandates Act is amended by adding
13 Section 8.21 as follows:
14 (30 ILCS 805/8.21 new)
15 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
16 and 8 of this Act, no reimbursement by the State is required
17 for the implementation of any mandate created by this
18 amendatory Act of 1997.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.