Bill Text: IL HB5266 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who applies for disability benefits under the Article and has been denied reinstatement as a policeman by his or her employer because of a physical or mental incapacity shall be presumed to be disabled as that term is used in the Article. Provides that no policeman who otherwise meets the requirements for a disability benefit shall be denied a disability benefit unless and until the policeman's employer reinstates him or her as a policeman or offers him or her a limited-duty position. Provides that the changes apply retroactively to January 1, 2023. Provides that any policeman who has been denied a disability benefit without an offer of reinstatement or a limited-duty position after January 1, 2023 shall be entitled to retroactive disability benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed) 2024-05-02 - Referred to Assignments [HB5266 Detail]
Download: Illinois-2023-HB5266-Engrossed.html
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| 1 | AN ACT concerning public employee benefits.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by adding | ||||||
| 5 | Section 5-156.5 as follows:
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| 6 | (40 ILCS 5/5-156.5 new) | ||||||
| 7 | Sec. 5-156.5. Presumption of disability; reinstatement. | ||||||
| 8 | (a) A policeman who applies for disability benefits under | ||||||
| 9 | this Article and has been denied reinstatement as a policeman | ||||||
| 10 | by his or her employer because of a physical or mental | ||||||
| 11 | incapacity shall be presumed to be disabled as that term is | ||||||
| 12 | used in this Article. | ||||||
| 13 | (b) No policeman who otherwise meets the requirements for | ||||||
| 14 | a disability benefit shall be denied a disability benefit | ||||||
| 15 | unless and until the policeman's employer reinstates him or | ||||||
| 16 | her as a policeman or offers him or her a limited-duty | ||||||
| 17 | position. | ||||||
| 18 | (c) Any policeman who has been denied a disability benefit | ||||||
| 19 | without an offer of reinstatement or a limited-duty position | ||||||
| 20 | after the effective date of this amendatory Act of the 103rd | ||||||
| 21 | General Assembly is entitled to disability benefits.
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| 22 | Section 90. The State Mandates Act is amended by adding | ||||||
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| 1 | Section 8.48 as follows:
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| 2 | (30 ILCS 805/8.48 new) | ||||||
| 3 | Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and | ||||||
| 4 | 8 of this Act, no reimbursement by the State is required for | ||||||
| 5 | the implementation of any mandate created by this amendatory | ||||||
| 6 | Act of the 103rd General Assembly.
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