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92nd General Assembly

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Public Act 92-0052

HB0266 Enrolled                               LRB9203796EGfgA

    AN ACT in relation to 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 Sections 5-154, 5-154.1, 5-157, 5-167.1,  and  5-212
as follows:

    (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
    Sec.  5-154.  Duty disability benefit; child's disability
benefit.
    (a)  An active policeman who becomes disabled on or after
the effective date as the result of  injury  incurred  on  or
after  such  date in the performance of an act of duty, has a
right to receive duty disability benefit during any period of
such disability for which he does not have a right to receive
salary, equal to 75% of his salary, as salary is  defined  in
this  Article,  at  the time the disability is allowed; or in
the case of a policeman on duty  disability  who  returns  to
active  employment  at  any  time  for a period of at least 2
years and is again disabled from the same  cause  or  causes,
75%  of  his salary, as salary is defined in this Article, at
the time disability is allowed; provided, however, that:
         (i)  If the disability resulted  from  any  physical
    defect or mental disorder or any disease which existed at
    the  time  the injury was sustained, or if the disability
    is less than 50% of total disability for any service of a
    remunerative character, the duty disability benefit shall
    be 50% of salary as defined in this Article.
         (ii)  However, Beginning January 1,  1996,  no  duty
    disability  benefit  that  has  been  payable  under this
    Section for at least 10 years shall be less than  50%  of
    the current salary attached from time to time to the rank
    held  by  the  policeman  at the time of removal from the
    police department payroll,  regardless  of  whether  that
    removal  occurred  before  the  effective  date  of  this
    amendatory Act of 1995.  Beginning on January 1, 2000, no
    duty  disability benefit that has been payable under this
    Section for at least 7 years shall be less  than  60%  of
    the current salary attached from time to time to the rank
    held  by  the  policeman  at the time of removal from the
    police department payroll,  regardless  of  whether  that
    removal  occurred  before  the  effective  date  of  this
    amendatory Act of the 92nd General Assembly.
         (iii)  If the Board finds that the disability of the
    policeman  is  of  such a nature as to permanently render
    him totally disabled for any service  of  a  remunerative
    character,  the  duty  disability benefit shall be 75% of
    the current salary attached from time to time to the rank
    held by the policeman at the time  of  removal  from  the
    police  department  payroll.   In the case of a policeman
    receiving a duty disability benefit under this Section on
    the effective date of this amendatory  Act  of  the  92nd
    General  Assembly,  the  increase  in benefit provided by
    this amendatory Act, if any, shall begin to accrue as  of
    the  date  that  the  Board makes the required finding of
    permanent total disability, regardless of whether removal
    from the payroll occurred before the  effective  date  of
    this amendatory Act.
    (b)  The  policeman  shall  also  have a right to child's
disability benefit of $100 $30 per month for  each  unmarried
child,  the issue of the policeman, less than age 18, but the
total amount of child's disability benefit shall  not  exceed
25%  of  his salary as defined in this Article.  The increase
in child's disability benefit provided by this amendatory Act
of the 92nd General Assembly  applies  beginning  January  1,
2000  to  all  such  benefits  payable on or after that date,
regardless of whether the disabled  policeman  is  in  active
service  on  or  after  the effective date of this amendatory
Act.
    (c)  Duty disability benefit shall be payable  until  the
policeman  becomes  age  63  or  would  have  been retired by
operation of law, whichever is later, and child's  disability
benefit  shall  be  paid during any such period of disability
until the child attains age  18.   Thereafter  the  policeman
shall  receive  the  annuity  provided in accordance with the
other provisions of this Article.
    (d)  A policeman who suffers a heart  attack  during  the
performance and discharge of his or her duties as a policeman
shall  be  considered injured in the performance of an act of
duty and shall be eligible for all  benefits  that  the  City
provides for police officers injured in the performance of an
act  of  duty.   This  subsection  (d)  is  a  restatement of
existing law  and  applies  without  regard  to  whether  the
policeman  is  in  service  on or after the effective date of
Public Act 89-12 or this amendatory Act of 1996.
(Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)

    (40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1)
    Sec. 5-154.1. Occupational disease disability benefit.
    (a)  The General  Assembly  finds  that  service  in  the
police department requires police officers in times of stress
and danger to perform unusual tasks; that police officers are
subject  to  exposure  to  extreme  heat  or  extreme cold in
certain seasons while performing their duties; and that these
conditions exist and  arise  out  of  or  in  the  course  of
employment.
    (b)  Any police officer with at least 10 years of service
who  suffers  a  heart  attack  or  any other disabling heart
disease but is not entitled to a benefit under Section  5-154
is  entitled  to  receive  an occupational disease disability
benefit  under  this  Section.   The   occupational   disease
disability benefit shall be 65% of the salary attached to the
rank  held by the police officer in the police service at the
time of  his  or  her  removal  from  the  police  department
payroll.  However, no occupational disease disability benefit
that  has  been  payable  under  this Section for at least 10
years shall be less than 50% of the current  salary  attached
from  time  to time to the rank held by the police officer at
the time of his or her removal  from  the  police  department
payroll.
    The   police  officer  is  also  entitled  to  a  child's
disability benefit of $100 $50 per month for each natural  or
legally  adopted  unmarried  child less than age 18 dependent
upon the police  officer  for  support.   The  total  child's
disability  benefit  shall  not  exceed  10%  of  the  police
officer's  salary  at  the  time  of  removal from the police
department  payroll.   The  increase  in  child's  disability
benefit provided by this amendatory Act of the  92nd  General
Assembly  applies  beginning  January  1,  2000  to  all such
benefits payable on or after that date, regardless of whether
the disabled policeman is in active service on or  after  the
effective date of this amendatory Act.
    The  occupational  disease  disability benefit is payable
during the period of  disability  until  the  police  officer
attains age 63 or compulsory retirement age, whichever occurs
later;  thereafter  the  police  officer  shall  receive  the
benefits provided under the other provisions of this Article.
If the police officer ceases to be disabled, the occupational
disease disability benefit shall cease.
    The  child's  disability  benefit  is  payable during the
period of disability  until  the  child  attains  age  18  or
marries,  whichever event occurs first, except that a benefit
payable on account of a child under this Section shall not be
reduced or terminated by reason of the child's attainment  of
age 18 if he or she is then dependent by reason of a physical
or  mental  disability, but shall continue to be paid as long
as the child's dependency and disability continue.
(Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)

    (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
    Sec. 5-157. Administration of disability benefits.
    (a)  If a policeman  who  is  granted  duty  or  ordinary
disability  benefit  refuses  to  submit  to examination by a
physician appointed by the board, he shall  have  no  further
right to receive the benefit.
    (b)  A  policeman  who  has  withdrawn from service while
disabled and entered upon  annuity  prior  to  the  effective
date,  and who has thereafter been reinstated as a policeman,
shall have no right to ordinary disability benefit in  excess
of  the  amount previously received unless he serves at least
one year after  such  reinstatement.   This  provision  shall
apply  throughout  the duration of any disability incurred by
the  policeman  within  one  year  after  his   reinstatement
resulting  from  any  cause other than injury incurred in the
performance of an act of duty.
    (c)  Until the effective date of this amendatory  Act  of
the  92nd  General  Assembly, a policeman who assumes regular
employment for compensation, while in receipt of ordinary  or
duty  disability  benefits,  shall not be entitled to receive
any amount of such disability benefits which, when  added  to
his compensation for such employment during disability, would
exceed  150% of the rate of salary which would be paid to him
if he were working in his regularly appointed  civil  service
position as a policeman.  The changes made to this Section by
Public  this amendatory Act 90-766 of 1998 are not limited to
persons in service on or after the  effective  date  of  that
this amendatory Act.
    Beginning on the effective date of this amendatory Act of
the  92nd  General  Assembly,  the  reduction  of  disability
benefits   due  to  compensation  for  employment  previously
imposed under this subsection (c) no longer  applies  to  any
person  receiving  a  disability  benefit under this Article,
without regard to whether the person  is  in  service  on  or
after  that  date.   The  removal  of this limitation by this
amendatory Act is not retroactive and does  not  entitle  any
person  to  the  restoration of amounts previously reduced or
withheld under this subsection.
    (d)  Disability benefit shall not be paid for any part of
time for which a disabled policeman shall receive any part of
his salary.
    (e)  Except  as  herein  otherwise  provided,  disability
benefit shall not be  paid for any disability based  upon  or
caused  by  any mental or physical defect which the policeman
had at the time he entered the police service.
    (f)  Disability benefit  shall  not  be  allowed  to  any
policeman  who  re-enters  the public service in any capacity
where his salary is payable in whole  or  in  part  by  taxes
levied  upon  taxable  property  in  the  city  in which this
Article is in effect, or  out  of  special  revenues  of  any
department  of  the  city.   The  disability benefit shall be
suspended during the period he is in the public  service  for
compensation,  and  shall  be  resumed when he withdraws from
such service.
    (g)  Any disability benefit paid  in  violation  of  this
Section  or  of  this Article shall be construed to have been
paid in error, and the amounts so paid shall be charged as  a
debit  in the account of any person to whom the same was paid
and shall be deducted from any moneys thereafter  payable  to
such  person  out  of  this  fund,  or to the widow, heirs or
estate of such person.
(Source: P.A. 90-766, eff. 8-14-98.)
    (40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1)
    Sec. 5-167.1.  Automatic increase in annuity;  retirement
from service after September 1, 1967.
    (a)  A policeman who retires from service after September
1,  1967 with at least 20 years of service credit shall, upon
either the first of the month following the first anniversary
of his date of retirement if he is age 60  (age  55  if  born
before  January  1,  1950  1945)  or over on that anniversary
date, or upon the first of the month following his attainment
of age 60 (age 55 if born before January 1, 1950 1945) if  it
occurs  after  the  first anniversary of his retirement date,
have his then fixed and payable monthly annuity increased  by
1 1/2%  and such first fixed annuity as granted at retirement
increased by an additional 1 1/2% in  January  of  each  year
thereafter  up  to  a  maximum  increase  of  30%.  Beginning
January 1, 1983 for policemen born before  January  1,  1930,
and  beginning January 1, 1988 for policemen born on or after
January 1, 1930 but before January  1,  1940,  and  beginning
January  1,  1996  for  policemen born on or after January 1,
1940 but before January 1, 1945,  and  beginning  January  1,
2000  for  policemen  born  on  or  after January 1, 1945 but
before January 1, 1950, such increases shall be 3%  and  such
policemen shall not be subject to the 30% maximum increase.
    Any  policeman  born before January 1, 1945 who qualifies
for a minimum annuity and retires after September 1, 1967 but
has not received the initial increase under  this  subsection
before  January  1,  1996  is entitled to receive the initial
increase under this subsection on (1) January  1,  1996,  (2)
the  first  anniversary  of  the  date  of retirement, or (3)
attainment of age 55, whichever occurs last.  The changes  to
this  Section made by Public Act 89-12 this amendatory Act of
1995 apply beginning January 1, 1996 and  without  regard  to
whether  the policeman or annuitant terminated service before
the effective date of that this amendatory Act of 1995.
    Any policeman born before January 1, 1950  who  qualifies
for a minimum annuity and retires after September 1, 1967 but
has  not  received the initial increase under this subsection
before January 1, 2000 is entitled  to  receive  the  initial
increase  under  this  subsection on (1) January 1, 2000, (2)
the first anniversary of  the  date  of  retirement,  or  (3)
attainment  of age 55, whichever occurs last.  The changes to
this Section made by this amendatory Act of the 92nd  General
Assembly  apply  without  regard  to whether the policeman or
annuitant terminated service before  the  effective  date  of
this amendatory Act.
    (b)  Subsection  (a) of this Section is not applicable to
an employee receiving a term annuity.
    (c)  To  help  defray  the  cost  of  such  increases  in
annuity, there shall  be  deducted,  beginning  September  1,
1967,  from  each payment of salary to a policeman, 1/2 of 1%
of each salary payment concurrently with and in  addition  to
the salary deductions otherwise made for annuity purposes.
    The city, in addition to the contributions otherwise made
by  it  for  annuity  purposes under other provisions of this
Article, shall make matching contributions concurrently  with
such salary deductions.
    Each  such  1/2 of 1% deduction from salary and each such
contribution by the city of 1/2 of  1%  of  salary  shall  be
credited  to  the  Automatic  Increase Reserve, to be used to
defray the cost of the 1 1/2% annuity  increase  provided  by
this  Section.   Any  balance  in  such  reserve  as  of  the
beginning  of  each  calendar  year  shall  be  credited with
interest at the rate of 3% per annum.
    Such deductions from salary and city contributions  shall
continue while the policeman is in service.
    The  salary  deductions  provided in this Section are not
subject to refund, except to the policeman  himself,  in  any
case  in  which  a policeman withdraws prior to qualification
for minimum annuity and applies for  refund  or  applies  for
annuity,  and  also  where a term annuity becomes payable. In
such cases, the total of  such  salary  deductions  shall  be
refunded  to  the policeman, without interest, and charged to
the Automatic Increase Reserve.
(Source: P.A. 89-12, eff. 4-20-95.)

    (40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
    Sec. 5-212. Computation of service.    In  computing  the
service  rendered by a policeman prior to the effective date,
the following periods shall be counted, in  addition  to  all
periods during where he performed the duties of his position,
as  periods of service for annuity purposes only: all periods
of (a) vacation; (b) leave of absence with whole or part pay;
(c) leave of absence without pay on  account  of  disability;
and  (d)  leave  of  absence  during  which the policeman was
engaged in the military or naval service of the United States
of America.  Service  credit  shall  not  be  allowed  for  a
policeman  in  receipt  of a pension on account of disability
from any pension fund superseded by this fund.
    In computing the service rendered by a  policeman  on  or
after  the  effective  date,  the  following periods shall be
counted, in addition to all periods during which he performed
the duties of his position, as periods of service for annuity
purposes only: all periods of  (a)  vacation;  (b)  leave  of
absence  with  whole or part pay; (c) leave of absence during
which the policeman was engaged  in  the  military  or  naval
service  of  the  United States of America; (d) time that the
policeman was engaged in the military or naval service of the
United States of America, during which he was passed over  on
any eligible list posted from an entrance examination, due to
the fact that he was in such military or naval service at the
time  he was called for appointment to the Police Department,
to be computed from the  date  he  was  passed  over  on  any
eligible  list  and  would  have  been  first  sworn  in as a
policeman had he not been engaged in the  military  or  naval
service  of  the  United States of America, until the date of
his discharge from such military or naval  service;  provided
that  such policeman shall pay into this Fund the same amount
that would have been deducted from his salary had he  been  a
policeman  during the aforementioned portion of such military
or naval service; (e)  disability  for  which  the  policeman
receives any disability benefit; (f) disability for which the
policeman  receives  whole  or  part pay; and (g) service for
which credits and creditable service have been transferred to
this Fund under Section 9-121.1, 14-105.1 or 15-134.3 of this
Code.
    In computing service on or after the effective  date  for
ordinary  disability  benefit,  all  periods described in the
preceding paragraph, except  any  such  period  for  which  a
policeman  receives  ordinary  disability  benefit,  shall be
counted as periods of service.
    In computing service for any  of  the  purposes  of  this
Article, no credit shall be given for any period during which
a  policeman  was not rendering active service because of his
discharge from the service, unless proceedings  to  test  the
legality  of  the discharge are filed in a court of competent
jurisdiction within one year from the date of discharge and a
final judgment is entered  therein  declaring  the  discharge
illegal.
    No  overtime  or  extra  service  shall  be  included  in
computing  service  of a policeman and not more than one year
or a fractional part thereof of service shall be allowed  for
service rendered during any calendar year.
    In  computing  service  for  any  of the purposes of this
Article, credit shall be  given  for  any  periods  prior  to
January  9, 1997, during which a policeman who is a member of
the General Assembly is on leave of absence or  is  otherwise
authorized  to  be  absent  from duty to enable him or her to
perform legislative duties, notwithstanding any reduction  in
salary   for   such  periods  and  notwithstanding  that  the
contributions paid by the policeman were based on  a  reduced
salary  rather than the full amount of salary attached to his
or her career service rank.
(Source: P.A. 89-136, eff. 7-14-95.)

    Section 90.  The State Mandates Act is amended by  adding
Section 8.25 as follows:

    (30 ILCS 805/8.25 new)
    Sec.  8.25.  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 92nd General Assembly.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 17, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.

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