Bill Text: IL SB3434 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Chicago Police Article of the Illinois Pension Code. Provides that the occupational disease disability benefit shall be equal to 65% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll (now the greater of 65% of the salary attached to the rank held by the police officer in the police service at the time of his or her removal from the police department payroll or 50% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3434 Detail]

Download: Illinois-2009-SB3434-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3434 Introduced 2/10/2010, by Sen. James A. DeLeo SYNOPSIS AS INTRODUCED:
40 ILCS 5/5-154.1 from Ch. 108 1/2, par. 5-154.1
30 ILCS 805/8.34 new
Amends the Chicago Police Article of the Illinois Pension Code. Provides that the occupational disease disability benefit shall be equal to 65% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll (now the greater of 65% of the salary attached to the rank held by the police officer in the police service at the time of his or her removal from the police department payroll or 50% of the current salary attached from time to time to the rank held by the police officer at the time of his or her removal from the police department payroll). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB096 18671 AMC 34055 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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 5-154.1 as follows:
(40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1)
Sec. 5-154.1. Occupational disease disability benefit.
(a) The General Assembly finds that service in the police
department requires police officers in times of stress and
danger to perform unusual tasks; that police officers are
subject to exposure to extreme heat or extreme cold in certain
seasons while performing their duties; and that these
conditions exist and arise out of or in the course of
employment.
(b) Any police officer with at least 10 years of service
who suffers a heart attack or any other disabling heart disease
but is not entitled to a benefit under Section 5-154 is
entitled to receive an occupational disease disability benefit
under this Section. The occupational disease disability
benefit shall be 65% of the current salary attached from time
to time to the rank held by the police officer in the police
service at the time of his or her removal from the police
department payroll. However, no occupational disease

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disability benefit that has been payable under this Section for
at least 10 years shall be less than 50% of the current salary
attached from time to time to the rank held by the police
officer at the time of his or her removal from the police
department payroll.
The police officer is also entitled to a child's disability
benefit of $100 per month for each natural or legally adopted
unmarried child less than age 18 dependent upon the police
officer for support. The total child's disability benefit shall
not exceed 10% of the police officer's salary at the time of
removal from the police department payroll. The increase in
child's disability benefit provided by this amendatory Act of
the 92nd General Assembly applies beginning January 1, 2000 to
all such benefits payable on or after that date, regardless of
whether the disabled policeman is in active service on or after
the effective date of this amendatory Act.
The occupational disease disability benefit is payable
during the period of disability until the police officer
attains age 63 or compulsory retirement age, whichever occurs
later; thereafter the police officer shall receive the benefits
provided under the other provisions of this Article. If the
police officer ceases to be disabled, the occupational disease
disability benefit shall cease.
The child's disability benefit is payable during the period
of disability until the child attains age 18 or marries,
whichever event occurs first, except that a benefit payable on

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account of a child under this Section shall not be reduced or
terminated by reason of the child's attainment of age 18 if he
or she is then dependent by reason of a physical or mental
disability, but shall continue to be paid as long as the
child's dependency and disability continue.
The changes made to this subsection (b) by this amendatory
Act of the 96th General Assembly apply without regard to
whether the police officer was in service on or after its
effective date. In the case of a person who is receiving an
occupational disease disability benefit on the effective date
of this amendatory Act of the 96th General Assembly, the
increase, if any, shall begin to accrue on the first benefit
payment date following that effective date.
(Source: P.A. 92-52, eff. 7-12-01.)
Section 90. The State Mandates Act is amended by adding
Section 8.34 as follows:
(30 ILCS 805/8.34 new)
Sec. 8.34. 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 96th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.