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92_SB1601
LRB9213996EGfg
1 AN ACT in relation to public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 5-154 as follows:
6 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
7 Sec. 5-154. Duty disability benefit; child's disability
8 benefit.
9 (a) An active policeman who becomes disabled on or after
10 the effective date as the result of injury incurred on or
11 after such date in the performance of an act of duty, has a
12 right to receive duty disability benefit during any period of
13 such disability for which he or she does not have a right to
14 receive salary, equal to 75% of the current salary attached
15 from time to time to the rank held by the policeman at the
16 time of removal from the police department payroll. In the
17 case of a policeman receiving a duty disability benefit under
18 this Section on the effective date of this amendatory Act of
19 the 92nd General Assembly, the increase in benefit provided
20 by this amendatory Act, if any, shall begin to accrue on
21 January 1, 2002, regardless of whether removal from the
22 payroll occurred before the effective date of this amendatory
23 Act. his salary, as salary is defined in this Article, at
24 the time the disability is allowed; or in the case of a
25 policeman on duty disability who returns to active employment
26 at any time for a period of at least 2 years and is again
27 disabled from the same cause or causes, 75% of his salary, as
28 salary is defined in this Article, at the time disability is
29 allowed; provided, however, that:
30 (i) If the disability resulted from any physical
31 defect or mental disorder or any disease which existed at
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1 the time the injury was sustained, or if the disability
2 is less than 50% of total disability for any service of a
3 remunerative character, the duty disability benefit shall
4 be 50% of salary as defined in this Article.
5 (ii) Beginning January 1, 1996, no duty disability
6 benefit that has been payable under this Section for at
7 least 10 years shall be less than 50% of the current
8 salary attached from time to time to the rank held by the
9 policeman at the time of removal from the police
10 department payroll, regardless of whether that removal
11 occurred before the effective date of this amendatory Act
12 of 1995. Beginning on January 1, 2000, no duty disability
13 benefit that has been payable under this Section for at
14 least 7 years shall be less than 60% of the current
15 salary attached from time to time to the rank held by the
16 policeman at the time of removal from the police
17 department payroll, regardless of whether that removal
18 occurred before the effective date of this amendatory Act
19 of the 92nd General Assembly.
20 (iii) If the Board finds that the disability of the
21 policeman is of such a nature as to permanently render
22 him totally disabled for any service of a remunerative
23 character, the duty disability benefit shall be 75% of
24 the current salary attached from time to time to the rank
25 held by the policeman at the time of removal from the
26 police department payroll. In the case of a policeman
27 receiving a duty disability benefit under this Section on
28 the effective date of this amendatory Act of the 92nd
29 General Assembly, the increase in benefit provided by
30 this amendatory Act, if any, shall begin to accrue as of
31 the date that the Board makes the required finding of
32 permanent total disability, regardless of whether removal
33 from the payroll occurred before the effective date of
34 this amendatory Act.
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1 (b) The policeman shall also have a right to child's
2 disability benefit of $100 per month for each unmarried
3 child, the issue of the policeman, less than age 18, but the
4 total amount of child's disability benefit shall not exceed
5 25% of his salary as defined in this Article. The increase
6 in child's disability benefit provided by this amendatory Act
7 of the 92nd General Assembly applies beginning January 1,
8 2000 to all such benefits payable on or after that date,
9 regardless of whether the disabled policeman is in active
10 service on or after the effective date of this amendatory
11 Act.
12 (c) Duty disability benefit shall be payable until the
13 policeman becomes age 63 or would have been retired by
14 operation of law, whichever is later, and child's disability
15 benefit shall be paid during any such period of disability
16 until the child attains age 18. Thereafter the policeman
17 shall receive the annuity provided in accordance with the
18 other provisions of this Article.
19 (d) A policeman who suffers a heart attack during the
20 performance and discharge of his or her duties as a policeman
21 shall be considered injured in the performance of an act of
22 duty and shall be eligible for all benefits that the City
23 provides for police officers injured in the performance of an
24 act of duty. This subsection (d) is a restatement of
25 existing law and applies without regard to whether the
26 policeman is in service on or after the effective date of
27 Public Act 89-12 or this amendatory Act of 1996.
28 (Source: P.A. 92-52, eff. 7-12-01.)
29 Section 90. The State Mandates Act is amended by adding
30 Section 8.26 as follows:
31 (30 ILCS 805/8.26 new)
32 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6
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1 and 8 of this Act, no reimbursement by the State is required
2 for the implementation of any mandate created by this
3 amendatory Act of the 92nd General Assembly.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.