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90_SB0194sam002
LRB9000607EGfgam02
1 AMENDMENT TO SENATE BILL 194
2 AMENDMENT NO. . Amend Senate Bill 194 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Pension Code by changing
5 Section 22-307."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Pension Code is amended by
9 changing Section 22-307 as follows:
10 (40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
11 Sec. 22-307. Common law or statutory rights barred.
12 Whenever any city or village enacts an ordinance pursuant to
13 this Division, no common law or statutory right to recover
14 damages against such city or village for injury or death
15 sustained by any policeman or fireman while engaged in the
16 line of his duty as such policeman or fireman, other than the
17 payment of the allowances of money and of the medical care
18 and hospital treatment provided in such ordinance, shall be
19 available to any policeman or fireman who is covered by the
20 provisions of such ordinance, or to anyone wholly or
21 partially dependent upon such policeman or fireman, or to the
-2- LRB9000607EGfgam02
1 legal representative of the estate of such policeman or
2 fireman, or to anyone who would otherwise be entitled to
3 recover damages for such injury or death. Nothing in this
4 Division 3 relieves any municipality with a population under
5 500,000 of its duties under the Workers' Compensation Act or
6 the Workers' Occupational Diseases Act. Nothing in this
7 Division 3 prevents any policeman or fireman in a
8 municipality with a population under 500,000 from recovery
9 under the Workers' Compensation Act or the Workers'
10 Occupational Diseases Act.
11 If any action against such city or village to enforce a
12 common law or statutory right to recover damages for
13 negligently causing the injury or death of any policeman or
14 fireman, is pending, for trial or on appeal, at the time this
15 Division shall come in force or is so pending at the time
16 such ordinance is enacted, the amount of any award or
17 allowance of money made pursuant to such ordinance shall not
18 be paid while such action is so pending and shall be reduced,
19 before payment, by the amount of any judgment obtained
20 against such city or village in such pending action; or such
21 allowance of money, if already paid, together with all moneys
22 expended pursuant to such ordinance for medical care and
23 hospital expenses, may be set off against such judgment,
24 either in such pending action or through other appropriate
25 action by such city or village.
26 (Source: Laws 1963, p. 161.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".