96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1653


 
Introduced 2/19/2009, by Sen. James A. DeLeo
 
SYNOPSIS AS INTRODUCED:









  



40 ILCS 5/5-154
 from Ch. 108 1/2, par. 5-154



30 ILCS 805/8.33 new










 Amends the Chicago Police Article of the Illinois Pension Code. Beginning January 1, 2010, increases the duty disability benefit to 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. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















LRB096 06178 AMC 16260 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 









SB1653

LRB096 06178 AMC 16260 b






1
 AN ACT concerning 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 changing 
5
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 after 
11
such
date in the performance of an act of duty, has a right to 
12
receive duty
disability benefit during any period of such 
13
disability for which he
does not have a right to receive 
14
salary, equal to 75% of his salary, as
salary is defined in 
15
this Article, at the time the disability is allowed;
or in the 
16
case of a policeman on duty disability who returns
to active 
17
employment at any time for a period of at least 2
years and is 
18
again disabled from the same cause or causes,
75% of his 
19
salary, as salary is defined in this Article, at
the time 
20
disability is allowed; provided, however, that:


21
  (i) If the disability resulted from any physical defect 
22
 or mental
disorder or any disease which existed at the time 
23
 the injury was
sustained, or if the disability is less than 
 


 






SB1653
- 2 -
LRB096 06178 AMC 16260 b





1
 50% of total disability for
any service of a remunerative 
2
 character, the duty disability benefit
shall be 50% of 
3
 salary as defined in this Article.


4
  (ii) Beginning January 1, 1996, no duty disability

5
 benefit that has been payable under this Section for at 
6
 least 10 years shall be
less than 50% of the current salary 
7
 attached from time to time to the rank held
by the 
8
 policeman at the time of removal from the police department 
9
 payroll,
regardless of whether that removal occurred 
10
 before the effective date of this
amendatory Act of 1995.

11
 Beginning on January 1, 2000, no duty disability benefit 
12
 that has
been payable under this Section for at least 7 
13
 years shall be less than 60% of
the current salary attached 
14
 from time to time to the rank held by the policeman
at the 
15
 time of removal from the police department payroll, 
16
 regardless of
whether that removal occurred before the 
17
 effective date of this amendatory
Act of the 92nd General 
18
 Assembly. Beginning on January 1, 2010, no duty disability 
19
 benefit that is
payable under this Section shall be less 
20
 than 75% of
the current salary attached from time to time 
21
 to the rank held by the policeman
at the time of removal 
22
 from the police department payroll, regardless of
whether 
23
 that removal occurred before the effective date of this 
24
 amendatory
Act of the 96th General Assembly.



25
  (iii) If the Board finds that the disability of the 
26
 policeman is of such
a nature as to permanently render him 
 


 






SB1653
- 3 -
LRB096 06178 AMC 16260 b





1
 totally disabled for any service of a
remunerative 
2
 character, the duty disability benefit shall be 75% of the 
3
 current
salary attached from time to time to the rank held 
4
 by the policeman at the time
of removal from the police 
5
 department payroll. In the case of a policeman
receiving a 
6
 duty disability benefit under this Section on the effective 
7
 date
of this amendatory Act of the 92nd General Assembly, 
8
 the increase in benefit
provided by this amendatory Act, if 
9
 any, shall begin to accrue as of the date
that the Board 
10
 makes the required finding of permanent total disability,

11
 regardless of whether removal from the payroll occurred 
12
 before the effective
date of this amendatory Act.

13
 (b) The policeman shall also have a right to child's 
14
disability benefit
of $100 per month for each unmarried child, 
15
the issue of the
policeman, less than age 18, but the total 
16
amount of child's disability benefit
shall not exceed 25% of 
17
his salary as defined in this Article. The increase
in child's 
18
disability benefit provided by this amendatory Act of the 92nd

19
General Assembly applies beginning January 1, 2000 to all such 
20
benefits payable
on or after that date, regardless of whether 
21
the disabled policeman is in
active service on or after the 
22
effective date of this amendatory Act.

23
 (c) Duty disability benefit shall be payable until the 
24
policeman
becomes age 63 or would have been retired by 
25
operation of law, whichever
is later, and child's disability 
26
benefit shall be paid during any such
period of disability 
 


 






SB1653
- 4 -
LRB096 06178 AMC 16260 b





1
until the child attains age 18. Thereafter the
policeman shall 
2
receive the annuity provided in accordance with the
other 
3
provisions of this Article.

4
 (d) A policeman who suffers a heart attack during the 
5
performance
and discharge of his or her duties as a policeman 
6
shall be considered
injured in the performance of an act of 
7
duty and shall be eligible for
all benefits that the City 
8
provides for police officers injured in the
performance of an 
9
act of duty. This subsection (d) is a restatement of
existing 
10
law and applies without regard to whether the policeman is in 
11
service
on or after the effective date of Public Act 89-12 or 
12
this amendatory Act of
1996.

13
(Source: P.A. 92-52, eff. 7-12-01.)


14
 Section 90. The State Mandates Act is amended by adding 
15
Section 8.33 as follows:

16
 (30 ILCS 805/8.33 new)
17
 Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
18
of this Act, no reimbursement by the State is required for the 
19
implementation of any mandate created by this amendatory Act of 
20
the 96th General Assembly.


21
 Section 99. Effective date. This Act takes effect upon 
22
becoming law.