Bill Text: IL SB1708 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman has an application for an ordinary disability benefit denied by a majority vote of the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by a majority vote of the Board and brings an action for administrative review challenging the termination or denial of the disability benefit and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-05 - Referred to Assignments [SB1708 Detail]

Download: Illinois-2025-SB1708-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1708 Introduced 2/5/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
30 ILCS 805/8.49 new
Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman has an application for an ordinary disability benefit denied by a majority vote of the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by a majority vote of the Board and brings an action for administrative review challenging the termination or denial of the disability benefit and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB104 11810 RPS 21899 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
SB1708 LRB104 11810 RPS 21899 b
AN ACT concerning 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 Section 5-228 as follows:
(40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
Sec. 5-228. Administrative review.
(a) The provisions of the Administrative Review Law, and
all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of final administrative decisions of
the retirement board provided for under this Article. The term
"administrative decision" is as defined in Section 3-101 of
the Code of Civil Procedure.
(b) If any policeman whose application for either a duty
disability benefit under Section 5-154, or for an occupational
disease disability benefit under Section 5-154.1, or for an
ordinary disability benefit under Section 5-155 has been
denied by a majority vote the Retirement Board brings an
action for administrative review challenging the denial of
disability benefits and the policeman prevails in the action
in administrative review, then the prevailing policeman shall
be entitled to recover from the Fund court costs and

SB1708 - 2 - LRB104 11810 RPS 21899 b
litigation expenses, including reasonable attorney's fees, as
part of the costs of the action.
(c) If a policeman whose duty disability benefits,
ordinary disability benefits, or occupational disability
benefits are terminated by a majority vote of the Retirement
Board brings an action for administrative review challenging
the termination of those disability benefits and prevails in
the action in administrative review, then the prevailing
policeman shall be entitled to recover from the Fund court
costs and litigation expenses, including reasonable attorney's
fees, as part of the costs of the action.
(Source: P.A. 101-387, eff. 8-16-19.)
Section 90. The State Mandates Act is amended by adding
Section 8.49 as follows:
(30 ILCS 805/8.49 new)
Sec. 8.49. 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 104th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.