State of Illinois
91st General Assembly
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91_HB2963

 
                                               LRB9109338EGfg

 1        AN ACT to amend the Illinois Pension Code and  the  State
 2    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  Sections  3-110,  3-111,  3-111.1,  3-112, 3-113.1,
 7    3-114.1, 3-114.2, 3-114.3, 3-114.6, and 3-125.1 as follows:

 8        (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
 9        Sec. 3-110.  Creditable service.
10        (a)  "Creditable service" is the time served by a  police
11    officer  as  a member of a regularly constituted police force
12    of a municipality. In computing creditable service  furloughs
13    without  pay  exceeding 30 days shall not be counted, but all
14    leaves of absence for  illness  or  accident,  regardless  of
15    length,  and all periods of disability retirement for which a
16    police officer has received no  disability  pension  payments
17    under this Article shall be counted.
18        (a-5)  Up  to  3  years  of  time during which the police
19    officer receives a disability pension under Section  3-114.1,
20    3-114.2,  3-114.3,  or 3-114.6 shall be counted as creditable
21    service, provided that (i)  the  police  officer  returns  to
22    active  service  after  the  disability for a period at least
23    equal to the period for which credit is to be established and
24    (ii) the police officer makes contributions to the fund based
25    on the rates specified in Section 3-125.1 and the salary upon
26    which the disability pension is based.   These  contributions
27    may  be  paid  at  any  time  prior  to the commencement of a
28    retirement pension.  The police officer may,  but  need  not,
29    elect  to have the contributions deducted from the disability
30    pension or to pay them in installments on a schedule approved
31    by the board.  If not deducted from the  disability  pension,
 
                            -2-                LRB9109338EGfg
 1    the  contributions  shall  include interest at the rate of 6%
 2    per year,  compounded  annually,  from  the  date  for  which
 3    service  credit  is being established to the date of payment.
 4    If contributions are paid  under  this  subsection  (a-5)  in
 5    excess  of  those  needed to establish the credit, the excess
 6    shall be refunded.  This subsection (a-5) applies to  persons
 7    receiving   a   disability  pension  under  Section  3-114.1,
 8    3-114.2, 3-114.3, or 3-114.6 on the effective  date  of  this
 9    amendatory  Act  of  the  91st  General  Assembly, as well as
10    persons who begin to receive such a disability pension  after
11    that date.
12        (b)  Creditable  service  includes all periods of service
13    in the military, naval or air forces  of  the  United  States
14    entered   upon   while   an   active   police  officer  of  a
15    municipality, provided that upon  applying  for  a  permanent
16    pension,  and  in accordance with the rules of the board, the
17    police officer pays into the  fund  the  amount  the  officer
18    would  have  contributed  if  he  or  she  had been a regular
19    contributor during  such  period,  to  the  extent  that  the
20    municipality  which  the  police  officer served has not made
21    such contributions in the officer's behalf.  The total amount
22    of such creditable service shall not exceed 5  years,  except
23    that  any  police officer who on July 1, 1973 had more than 5
24    years of such creditable  service  shall  receive  the  total
25    amount thereof.
26        (c)  Creditable service also includes service rendered by
27    a  police  officer  while  on  leave of absence from a police
28    department to serve as an executive of an organization  whose
29    membership  consists  of  members  of  a  police  department,
30    subject  to the following conditions:  (i) the police officer
31    is a participant of a fund  established  under  this  Article
32    with  at  least 10 years of service as a police officer; (ii)
33    the police officer received no credit for such service  under
34    any  other  retirement  system,  pension fund, or annuity and
 
                            -3-                LRB9109338EGfg
 1    benefit fund included in this Code;  (iii)  pursuant  to  the
 2    rules  of  the  board the police officer pays to the fund the
 3    amount he or she would have contributed had the officer  been
 4    an  active  member  of  the  police  department; and (iv) the
 5    organization pays a contribution equal to the  municipality's
 6    normal cost for that period of service.
 7        (d)(1)  Creditable   service  also  includes  periods  of
 8    service originally established in another police pension fund
 9    under this Article or in the Fund established under Article 7
10    of this Code  for  which  (i)  the  contributions  have  been
11    transferred under Section 3-110.7 or Section 7-139.9 and (ii)
12    any  additional  contribution required under paragraph (2) of
13    this subsection has been paid in full in accordance with  the
14    requirements of this subsection (d).
15        (2)  If the board of the pension fund to which creditable
16    service  and  related  contributions  are  transferred  under
17    Section   3-110.7  or  7-139.9  determines  that  the  amount
18    transferred is less than the true cost to the pension fund of
19    allowing that creditable service to be established,  then  in
20    order to establish that creditable service the police officer
21    must  pay  to  the  pension  fund,  within the payment period
22    specified in paragraph (3) of this subsection, an  additional
23    contribution  equal  to  the difference, as determined by the
24    board in accordance with the  rules  and  procedures  adopted
25    under paragraph (6) of this subsection.
26        (3)  Except  as provided in paragraph (4), the additional
27    contribution must be paid to the board  (i)  within  5  years
28    from  the date of the transfer of contributions under Section
29    3-110.7  or  7-139.9  and  (ii)  before  the  police  officer
30    terminates   service   with   the   fund.    The   additional
31    contribution may be paid in a lump sum or in accordance  with
32    a schedule of installment payments authorized by the board.
33        (4)  If the police officer dies in service before payment
34    in full has been made and before the expiration of the 5-year
 
                            -4-                LRB9109338EGfg
 1    payment period, the surviving spouse of the officer may elect
 2    to  pay  the  unpaid  amount on the officer's behalf within 6
 3    months after the date of death, in which case the  creditable
 4    service  shall  be  granted  as  though  the  deceased police
 5    officer had paid the remaining balance on the day before  the
 6    date of death.
 7        (5)  If  the  additional contribution is not paid in full
 8    within the required time, the creditable service shall not be
 9    granted and the police officer (or  the  officer's  surviving
10    spouse  or  estate)  shall be entitled to receive a refund of
11    (i) any partial payment of the additional  contribution  that
12    has  been  made by the police officer and (ii) those portions
13    of  the  amounts  transferred  under  subdivision  (a)(1)  of
14    Section 3-110.7 or subdivisions (a)(1) and (a)(3) of  Section
15    7-139.9  that  represent  employee  contributions paid by the
16    police officer (but not the  accumulated  interest  on  those
17    contributions) and interest paid by the police officer to the
18    prior  pension  fund in order to reinstate service terminated
19    by acceptance of a refund.
20        Transferred credit that is not granted due to failure  to
21    pay  the  additional contribution within the required time is
22    lost; it may not be transferred to another pension  fund  and
23    may  not  be reinstated in the pension fund from which it was
24    transferred.
25        (6)  The Public Employee Pension  Fund  Division  of  the
26    Department of Insurance shall establish by rule the manner of
27    making  the  calculation required under paragraph (2) of this
28    subsection, taking into  account  the  appropriate  actuarial
29    assumptions;  the  police  officer's service, age, and salary
30    history; the level of funding of the pension  fund  to  which
31    the credits are being transferred; and any other factors that
32    the  Division  determines  to  be  relevant.   The  rules may
33    require that all calculations made  under  paragraph  (2)  be
34    reported   to  the  Division  by  the  board  performing  the
 
                            -5-                LRB9109338EGfg
 1    calculation, together with documentation  of  the  creditable
 2    service  to  be transferred, the amounts of contributions and
 3    interest  to  be  transferred,  the  manner  in   which   the
 4    calculation  was performed, the numbers relied upon in making
 5    the calculation, the results  of  the  calculation,  and  any
 6    other information the Division may deem useful.
 7    (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)

 8        (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
 9        Sec. 3-111.  Pension.
10        (a)  A  police  officer  age  50  or more with 20 or more
11    years of creditable service, who is no longer in service as a
12    police officer, shall receive a pension of 1/2 of the  salary
13    attached  to the rank held by the officer on the police force
14    for one year immediately prior to  retirement  or,  beginning
15    July 1, 1987 for persons terminating service on or after that
16    date, the salary attached to the rank held on the last day of
17    service  or  for one year prior to the last day, whichever is
18    greater.  The pension shall be increased by 2.5% 2%  of  such
19    salary  for each additional year of service over 20 years, up
20    to 30 years, and 1% of such salary for each  additional  year
21    of service over 30 years, to a maximum of 75% of such salary.
22        The   changes   made  to  this  subsection  (a)  by  this
23    amendatory Act of the 91st  General  Assembly  apply  to  all
24    pensions  that  become  payable  under  this subsection on or
25    after January 1,  1999.   All  pensions  payable  under  this
26    subsection  that began on or after January 1, 1999 and before
27    the  effective  date  of  this  amendatory   Act   shall   be
28    recalculated,  and  the  amount  of the increase accruing for
29    that period shall be payable to the pensioner in a lump sum.
30        (a-5)  No pension in effect on or granted after June  30,
31    l973  shall  be  less than $200 per month.  Beginning July 1,
32    1987, the minimum retirement pension  for  a  police  officer
33    having  at least 20 years of creditable service shall be $400
 
                            -6-                LRB9109338EGfg
 1    per month,  without  regard  to  whether  or  not  retirement
 2    occurred  prior  to  that  date.    If  the  minimum  pension
 3    established  in  Section  3-113.1 is greater than the minimum
 4    provided in this  subsection,  the  Section  3-113.1  minimum
 5    controls.
 6        (b)  A  police  officer  mandatorily retired from service
 7    due to age by operation of law, having at least  8  but  less
 8    than  20 years of creditable service, shall receive a pension
 9    equal to 2 1/2% of the salary attached to the rank he or  she
10    held  on  the  police force for one year immediately prior to
11    retirement or, beginning July 1, 1987 for persons terminating
12    service on or after that date, the  salary  attached  to  the
13    rank held on the last day of service or for one year prior to
14    the  last  day,  whichever  is  greater,  for  each  year  of
15    creditable service.
16        A police officer who retires or is separated from service
17    having  at least 8 years but less than 20 years of creditable
18    service, who  is  not  mandatorily  retired  due  to  age  by
19    operation  of  law,  and  who  does not apply for a refund of
20    contributions at his  or  her  last  separation  from  police
21    service,  shall receive a pension upon attaining age 60 equal
22    to 2.5% of the salary attached to the rank held by the police
23    officer on the police force for one year immediately prior to
24    retirement or, beginning July 1, 1987 for persons terminating
25    service on or after that date, the  salary  attached  to  the
26    rank held on the last day of service or for one year prior to
27    the  last  day,  whichever  is  greater,  for  each  year  of
28    creditable service.
29        (c)  A  police  officer  no  longer in service who has at
30    least one but less than 8 years of creditable  service  in  a
31    police  pension  fund  but  meets  the  requirements  of this
32    subsection (c) shall be eligible to receive  a  pension  from
33    that  fund  equal  to 2.5% of the salary attached to the rank
34    held on the last day of service under that fund  or  for  one
 
                            -7-                LRB9109338EGfg
 1    year  prior  to that last day, whichever is greater, for each
 2    year of creditable service in that fund.  The  pension  shall
 3    begin  no  earlier  than  upon  attainment of age 60 (or upon
 4    mandatory retirement from the fund by operation of law due to
 5    age, if that occurs before age 60) and in no event before the
 6    effective date of this amendatory Act of 1997.
 7        In  order  to  be  eligible  for  a  pension  under  this
 8    subsection (c), the police officer must have at least 8 years
 9    of creditable service in a second police pension  fund  under
10    this  Article and be receiving a pension under subsection (a)
11    or (b) of this Section from that  second  fund.   The  police
12    officer need not be in service on or after the effective date
13    of this amendatory Act of 1997.
14    (Source: P.A. 90-460, eff. 8-17-97.)

15        (40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1)
16        Sec. 3-111.1.  Increase in pension.
17        (a)  Except  as  provided  in subsection (e), the monthly
18    pension of a police officer who retires after July  1,  1971,
19    and prior to January 1, 1986, shall be increased, upon either
20    the first of the month following the first anniversary of the
21    date  of retirement if the officer is 60 years of age or over
22    at retirement date, or  upon  the  first  day  of  the  month
23    following  attainment  of age 60 if it occurs after the first
24    anniversary of retirement, by 3% of  the  originally  granted
25    pension  and  by  an  additional 3% of the originally granted
26    pension in January of each year thereafter.
27        (b)  The monthly pension of a police officer who  retired
28    from  service  with 20 or more years of service, on or before
29    July 1, 1971, shall be  increased  in  January  of  the  year
30    following the year of attaining age 65 or in January of 1972,
31    if  then over age 65, by 3% of the originally granted pension
32    for each year the police officer received  pension  payments.
33    In  each  January  thereafter,  he  or  she  shall receive an
 
                            -8-                LRB9109338EGfg
 1    additional increase of 3% of the original pension.
 2        (c)  The monthly pension of a police officer who  retires
 3    on disability or is retired for disability shall be increased
 4    in  January  of  the year following the year of attaining age
 5    60, by 3% of the original grant of pension for each  year  he
 6    or   she   received   pension   payments.   In  each  January
 7    thereafter, the police officer shall  receive  an  additional
 8    increase of 3% of the original pension.
 9        (d)  The  monthly pension of a police officer who retires
10    after January 1, 1986, shall be increased,  upon  either  the
11    first  of  the  month  following the first anniversary of the
12    date of retirement if the officer is 55 years of age or  over
13    at  the  retirement  date, or upon the first day of the month
14    following attainment of age 55 if it occurs after  the  first
15    anniversary  of  retirement,  by 1/12 of 3% of the originally
16    granted pension for each full month  year  that  has  elapsed
17    since  the  pension  began,  and  by  an additional 3% of the
18    originally  granted  pension  in   January   of   each   year
19    thereafter.
20        The   changes   made  to  this  subsection  (d)  by  this
21    amendatory Act of the 91st  General  Assembly  apply  to  all
22    initial  increases  that become payable under this subsection
23    on or after January 1,  1999.   All  initial  increases  that
24    became  payable  under this subsection on or after January 1,
25    1999 and before the effective date  of  this  amendatory  Act
26    shall  be recalculated and the additional amount accruing for
27    that period, if any, shall be payable to the pensioner  in  a
28    lump sum.
29        (e)  Notwithstanding  the  provisions  of subsection (a),
30    upon the first day of  the  month  following  (1)  the  first
31    anniversary  of the date of retirement, or (2) the attainment
32    of age 55, or (3) July 1, 1987, whichever occurs latest,  the
33    monthly  pension  of a police officer who retired on or after
34    January 1, 1977 and on or before January 1, 1986, and did not
 
                            -9-                LRB9109338EGfg
 1    receive an increase under subsection (a) before July 1, 1987,
 2    shall be increased by 3% of the  originally  granted  monthly
 3    pension for each full year that has elapsed since the pension
 4    began,  and  by  an  additional  3% of the originally granted
 5    pension in each January thereafter.  The  increases  provided
 6    under  this  subsection are in lieu of the increases provided
 7    in subsection (a).
 8        (f)  Notwithstanding  the  other   provisions   of   this
 9    Section, beginning with increases granted on or after July 1,
10    1993,   the   second  and  all  subsequent  automatic  annual
11    increases granted under subsection (a), (b), (d), or  (e)  of
12    this  Section  shall  be  calculated  as  3% of the amount of
13    pension payable at the time of the  increase,  including  any
14    increases  previously granted under this Section, rather than
15    3% of the originally granted pension amount.  Section 1-103.1
16    does not apply to this subsection (f).
17    (Source: P.A. 87-1265.)

18        (40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
19        Sec. 3-112.  Pension to survivors.
20        (a)  Upon the death of a police  officer  entitled  to  a
21    pension  under  Section  3-111, the surviving spouse shall be
22    entitled to the pension to which the police officer was  then
23    entitled.   Upon  the  death of the surviving spouse, or upon
24    the remarriage of the surviving  spouse  if  that  remarriage
25    terminates  the  surviving spouse's eligibility under Section
26    3-121, the police officer's unmarried children who are  under
27    age  18  or  who  are dependent because of physical or mental
28    disability shall be entitled to equal shares of such pension.
29    If there is no eligible  surviving  spouse  and  no  eligible
30    child,  the  dependent parent or parents of the officer shall
31    be entitled to receive or  share  such  pension  until  their
32    death or marriage or remarriage after the death of the police
33    officer.
 
                            -10-               LRB9109338EGfg
 1        (b)  Upon the death of a police officer while in service,
 2    having  at  least 20 years of creditable service, or upon the
 3    death of a police officer who retired from  service  with  at
 4    least  20  years  of creditable service, whether death occurs
 5    before or after attainment of age 50, the pension  earned  by
 6    the  police  officer  as  of the date of death as provided in
 7    Section 3-111 shall be paid to the survivors in the  sequence
 8    provided in subsection (a) of this Section.
 9        (c)  Upon the death of a police officer while in service,
10    having  at  least  10  but  less  than 20 years of service, a
11    pension of 1/2 of the salary attached to the  rank  or  ranks
12    held  by  the officer for one year immediately prior to death
13    shall be payable to the survivors in the sequence provided in
14    subsection (a) of this Section.  If death occurs as a  result
15    of the performance of duty, the 10 year requirement shall not
16    apply and the pension to survivors shall be payable after any
17    period of service.
18        (d)  Beginning  July  1,  1987, a minimum pension of $400
19    per month shall be paid to  all  surviving  spouses,  without
20    regard  to  the  fact  that  the  death of the police officer
21    occurred  prior  to  that  date.    If  the  minimum  pension
22    established in Section 3-113.1 is greater  than  the  minimum
23    provided   in  this  Section,  the  Section  3-113.1  minimum
24    controls.
25        (e)  Beginning  January  1,  2000,  the  pension  of  the
26    surviving spouse of a police  officer who dies  on  or  after
27    January 1, 2000 as a result of sickness, accident, or injury
28    incurred  in  or  resulting from the performance of an act of
29    duty or from the cumulative  effects of acts  of  duty  shall
30    not be less than 100% of the salary attached to the rank held
31    by  the  deceased  police officer on the last day of service,
32    notwithstanding  any  provision  in    this  Article  to  the
33    contrary.
34    (Source: P.A. 89-408, eff. 11-15-95.)
 
                            -11-               LRB9109338EGfg
 1        (40 ILCS 5/3-113.1)
 2        Sec.  3-113.1.    Minimum   retirement,   survivor,   and
 3    disability pensions.
 4        (a)  Beginning  January  1,  1999, the minimum retirement
 5    pension payable to a police officer with 20 or more years  of
 6    creditable  service,  the  minimum disability pension payable
 7    under Section 3-114.1, 3-114.2, or 3-114.3, or  3-114.6,  and
 8    the  minimum  surviving  spouse's  pension  shall be $600 per
 9    month, without regard to whether the police  officer  was  in
10    service on or after the effective date of this amendatory Act
11    of the 91st General Assembly.
12        In the case of a pensioner whose pension began before the
13    effective  date  of  this  amendatory  Act  and is subject to
14    increase under this subsection (a), the  pensioner  shall  be
15    entitled to a lump sum payment of the amount of that increase
16    accruing from January 1, 1999 (or the date the pension began,
17    if later) to the effective date of this amendatory Act.
18        (b)  Beginning  January  1,  2000, the minimum retirement
19    pension payable to a police officer with 20 or more years  of
20    creditable  service,  the  minimum disability pension payable
21    under Section 3-114.1, 3-114.2, or 3-114.3, or  3-114.6,  and
22    the  minimum  surviving  spouse's  pension  shall be $800 per
23    month, without regard to whether the police  officer  was  in
24    service on or after the effective date of this amendatory Act
25    of the 91st General Assembly.
26        (c)  Beginning  January  1,  2001, the minimum retirement
27    pension payable to a police officer with 20 or more years  of
28    creditable  service,  the  minimum disability pension payable
29    under Section 3-114.1, 3-114.2, or 3-114.3, or  3-114.6,  and
30    the  minimum  surviving  spouse's  pension shall be $1000 per
31    month, without regard to whether the police  officer  was  in
32    service on or after the effective date of this amendatory Act
33    of the 91st General Assembly.
34        (d)  This  Section  does  not  grant  a  pension  to  any
 
                            -12-               LRB9109338EGfg
 1    surviving  spouse  who is not otherwise eligible to receive a
 2    pension under this Article.
 3    (Source: P.A. 91-466, eff. 8-6-99.)

 4        (40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
 5        Sec. 3-114.1.  Disability pension - Line of duty.   If  a
 6    police  officer as the result of sickness, accident or injury
 7    incurred in or resulting from the performance of  an  act  of
 8    duty,  is  found  to  be  physically or mentally disabled for
 9    service in the police department, so as to  render  necessary
10    his  or her suspension or retirement from the police service,
11    the  police  officer  shall  be  entitled  to  a   disability
12    retirement  pension  equal  to  the greater of (1) 65% of the
13    salary attached to the rank on the police force held  by  the
14    officer  at  the  date of suspension of duty or retirement or
15    (2) the retirement pension that the police officer  would  be
16    eligible  to  receive if he or she retired (but not including
17    any automatic annual increase in that retirement pension).  A
18    police officer shall be considered "on duty",  while  on  any
19    assignment  approved by the chief of the police department of
20    the municipality he or she serves, whether the assignment  is
21    within or outside the municipality.
22        If  a  police  officer  on  disability pension dies while
23    still disabled, the disability pension shall continue  to  be
24    paid  to  his  or  her  survivors in the sequence provided in
25    Section 3-112.
26        From and after July 1, 1987, any  pension  payable  under
27    this Section shall be at least $400 per month, without regard
28    to  the  fact  that  the  disability  or  death of the police
29    officer occurred prior to that date.  If the minimum  pension
30    established  in  Section  3-113.1 is greater than the minimum
31    provided  in  this  Section,  the  Section  3-113.1   minimum
32    controls.
33    (Source: P.A. 85-941.)
 
                            -13-               LRB9109338EGfg
 1        (40 ILCS 5/3-114.2) (from Ch. 108 1/2, par. 3-114.2)
 2        Sec.  3-114.2.   Disability  pension  -  Not  on duty.  A
 3    police officer who becomes disabled as a result of any  cause
 4    other  than  the  performance  of  an act of duty, and who is
 5    found to be physically or mentally disabled so as  to  render
 6    necessary  his  or  her  suspension or retirement from police
 7    service in the police department,  shall  be  entitled  to  a
 8    disability  pension  of  50%  of  the  salary attached to the
 9    officer's rank on the police force at the date of  suspension
10    of duty or retirement.
11        If  a  police  officer  on  disability pension dies while
12    still disabled, the disability pension shall continue  to  be
13    paid  to  the officer's survivors in the sequence provided in
14    Section 3-112.
15        From and after July 1, 1987, any  pension  payable  under
16    this Section shall be at least $400 per month, without regard
17    to  the  fact  that  the  disability  or  death of the police
18    officer occurred prior to that date.  If the minimum  pension
19    established  in  Section  3-113.1 is greater than the minimum
20    provided  in  this  Section,  the  Section  3-113.1   minimum
21    controls.
22    (Source: P.A. 85-941.)

23        (40 ILCS 5/3-114.3) (from Ch. 108 1/2, par. 3-114.3)
24        Sec.   3-114.3.   Heart  attack  or  stroke  suffered  in
25    performance of duties.  Any  police  officer  who  suffers  a
26    heart  attack  or  stroke  as a result of the performance and
27    discharge of police duty shall be considered as  having  been
28    injured  in  the  performance  of an act of duty and shall be
29    eligible for the benefits provided  under  this  Article  for
30    police  officers injured in the performance of an act of duty
31    or, if applicable, the benefits provided in Section 3-114.6.
32    (Source: P.A. 90-766, eff. 8-14-98.)
 
                            -14-               LRB9109338EGfg
 1        (40 ILCS 5/3-114.6)
 2        Sec. 3-114.6.  Occupational disease disability pension.
 3        (a)  This Section applies only to police officers who are
 4    employed by a municipality with a combined  police  and  fire
 5    department  and  who  have  regular  firefighting  duties  in
 6    addition to their law enforcement duties.
 7        (b)  The  General Assembly finds that service in a police
 8    department  that  also  has  firefighting   duties   requires
 9    officers  to  perform  unusual  tasks  in times of stress and
10    danger; that officers are subject to exposure to extreme heat
11    or extreme cold in certain  seasons  while  performing  their
12    duties;  that  they  are required to work in the midst of and
13    are subject to heavy smoke fumes and carcinogenic, poisonous,
14    toxic,  or  chemical  gases  from  fires;  and   that   these
15    conditions  exist  and  arise  out  of  or  in  the course of
16    employment.
17        (c)  An active officer with 5 or more years of creditable
18    service who is found to be  unable  to  perform  his  or  her
19    duties  in the department by reason of heart disease, stroke,
20    tuberculosis, or any disease  of  the  lungs  or  respiratory
21    tract,  resulting  from service as an officer, is entitled to
22    an occupational disease disability pension during any  period
23    of  such  disability  for  which  he  or  she has no right to
24    receive salary.
25        An active officer who has completed 5 or  more  years  of
26    service  and  is  unable  to perform his or her duties in the
27    department by reason of a disabling cancer, which develops or
28    manifests itself during a period while the officer is in  the
29    service   of  the  department,  is  entitled  to  receive  an
30    occupational disease disability benefit during any period  of
31    such  disability for which he or she does not have a right to
32    receive  salary.   In  order  to  receive  this  occupational
33    disease disability benefit, (i) the cancer must be of a  type
34    that may be caused by exposure to heat, radiation, or a known
 
                            -15-               LRB9109338EGfg
 1    carcinogen   as  defined  by  the  International  Agency  for
 2    Research  on  Cancer  and  (ii)  the  cancer  must  (and   is
 3    rebuttably  presumed  to)  arise as a result of service as an
 4    officer.
 5        An  officer  who,  after  the  effective  date  of   this
 6    amendatory  Act  of  1998,  enters  the service of a combined
 7    police and  fire  department  and  has  regular  firefighting
 8    duties shall be examined by one or more practicing physicians
 9    appointed   by  the  board.   If  the  examination  discloses
10    impairment of the heart, lungs, or respiratory tract, or  the
11    existence  of cancer, the officer shall not be entitled to an
12    occupational disease disability pension  under  this  Section
13    unless  and  until  a  subsequent examination reveals no such
14    impairment or cancer.
15        The occupational  disease  disability  pension  shall  be
16    equal  to  the  greater  of 65% of the salary attached to the
17    rank held by the officer at the time of his  or  her  removal
18    from   the  municipality's  department  payroll  or  (2)  the
19    retirement pension that the police officer would be  eligible
20    to  receive  if  he  or  she  retired  (but not including any
21    automatic annual increase in that retirement pension).
22        The occupational disease disability pension is payable to
23    the officer during the period  of  the  disability.   If  the
24    disability  ceases  before  the  death  of  the  officer, the
25    disability pension payable  under  this  Section  shall  also
26    cease  and  the officer thereafter shall receive such pension
27    benefits as are provided in accordance with other  provisions
28    of this Article.
29        If  an  officer dies while still disabled and receiving a
30    disability pension under this Section, the disability pension
31    shall continue to be paid to the officer's survivors  in  the
32    sequence provided in Section 3-112.
33    (Source: P.A. 90-766, eff. 8-14-98.)
 
                            -16-               LRB9109338EGfg
 1        (40 ILCS 5/3-125.1) (from Ch. 108 1/2, par. 3-125.1)
 2        Sec.  3-125.1.   Contributions  by police officers.  Each
 3    police officer shall  contribute  to  the  pension  fund  the
 4    following  percentages  of  salary  for  the  periods stated:
 5    Beginning July 1, 1909 and prior to July 23, 1943, 1% (except
 6    that prior to July 1, 1921 not more than one dollar per month
 7    shall be deducted, and except that beginning July 1, 1921 and
 8    prior to July 1, 1927 not more than $2  per  month  shall  be
 9    deducted);  beginning  July  23,  1943  and prior to July 20,
10    1949, 3%; beginning July 20, 1949 and prior to July 17, 1959,
11    5%; beginning July 17, 1959 and prior to July  1,  1971,  7%;
12    beginning  July  1,  1971  and prior to July 1, 1975, 7 1/2%;
13    beginning July 1, 1975 and prior to January 1, 1987, 8  1/2%;
14    and  beginning  January 1, 1987 and prior to January 1, 2000,
15    9%; and beginning January 1, 2000, 9.91%.   Such  sums  shall
16    be paid or deducted monthly.
17        "Salary"  means  the  annual salary, including longevity,
18    attached to the police officer's rank, as established by  the
19    municipality's   appropriation   ordinance,   including   any
20    compensation  for overtime which is included in the salary so
21    established, but excluding any "overtime pay", "holiday pay",
22    "bonus pay", "merit pay",  or  any  other  cash  benefit  not
23    included in the salary so established.
24    (Source: P.A. 84-1472.)

25        Section  90.  The State Mandates Act is amended by adding
26    Section 8.24 as follows:

27        (30 ILCS 805/8.24 new)
28        Sec. 8.24. Exempt mandate.   Notwithstanding  Sections  6
29    and  8 of this Act, no reimbursement by the State is required
30    for  the  implementation  of  any  mandate  created  by  this
31    amendatory Act of the 91st General Assembly.
 
                            -17-               LRB9109338EGfg
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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