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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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