Illinois General Assembly - Full Text of Public Act 095-0681
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Public Act 095-0681




Public Act 095-0681
SB1553 Enrolled LRB095 10888 AMC 31169 b

    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
Section 4-112 as follows:
    (40 ILCS 5/4-112)  (from Ch. 108 1/2, par. 4-112)
    Sec. 4-112. Determination of disability; restoration -
Restoration to active service; disability cannot constitute
cause for discharge. A disability pension shall not be paid
until disability has been established by the board by
examinations of the firefighter at pension fund expense by 3
physicians selected by the board and such other evidence as the
board deems necessary. The 3 physicians selected by the board
need not agree as to the existence of any disability or the
nature and extent of a disability. Medical examination of a
firefighter receiving a disability pension shall be made at
least once each year prior to attainment of age 50 in order to
verify continuance of disability. No examination shall be
required after age 50. No physical or mental disability that
constitutes, in whole or in part, the basis of an application
for benefits under this Article may be used, in whole or in
part, by any municipality or fire protection district employing
firefighters, emergency medical technicians, or paramedics as
cause for discharge.
    Upon satisfactory proof to the board that a firefighter on
the disability pension has recovered from disability, the board
shall terminate the disability pension. The firefighter shall
report to the marshal or chief of the fire department, who
shall thereupon order immediate reinstatement into active
service, and the municipality shall immediately return the
firefighter to its payroll, in the same rank or grade held at
the date he or she was placed on disability pension. If the
firefighter must file a civil action against the municipality
to enforce his or her mandated return to payroll under this
paragraph, then the firefighter is entitled to recovery of
reasonable court costs and attorney's fees.
    The firefighter shall be entitled to 10 days notice before
any hearing or meeting of the board at which the question of
his or her disability is to be considered, and shall have the
right to be present at any such hearing or meeting, and to be
represented by counsel; however, the board shall not have any
obligation to provide such fireman with counsel.
(Source: P.A. 83-1528.)
    Section 90. The State Mandates Act is amended by adding
Section 8.31 as follows:
    (30 ILCS 805/8.31 new)
    Sec. 8.31. 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 95th General Assembly.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/11/2007