Bill Amendment: IL HB2352 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PEN CD-CHI MUNI-REENTRY
Status: 2023-08-15 - Public Act . . . . . . . . . 103-0529 [HB2352 Detail]
Download: Illinois-2023-HB2352-Senate_Amendment_002.html
Bill Title: PEN CD-CHI MUNI-REENTRY
Status: 2023-08-15 - Public Act . . . . . . . . . 103-0529 [HB2352 Detail]
Download: Illinois-2023-HB2352-Senate_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 2352
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2 | AMENDMENT NO. ______. Amend House Bill 2352, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Pension Code is amended by | ||||||
6 | changing Section 5-154 as follows:
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7 | (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
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8 | Sec. 5-154. Duty disability benefit; child's disability | ||||||
9 | benefit.
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10 | (a) An active policeman who becomes disabled on or after | ||||||
11 | the
effective date as the result of injury incurred on or after | ||||||
12 | such
date in the performance of an act of duty, has a right to | ||||||
13 | receive duty
disability benefit during any period of such | ||||||
14 | disability for which he
does not have a right to receive | ||||||
15 | salary, equal to 75% of his salary, as
salary is defined in | ||||||
16 | this Article, at the time the disability is allowed;
or in the |
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1 | case of a policeman on duty disability who returns
to active | ||||||
2 | employment at any time for a period of at least 2
years and is | ||||||
3 | again disabled from the same cause or causes,
75% of his | ||||||
4 | salary, as salary is defined in this Article, at
the time | ||||||
5 | disability is allowed; provided, however, that:
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6 | (i) If the disability resulted from any physical | ||||||
7 | defect or mental
disorder or any disease which existed at | ||||||
8 | the time the injury was
sustained, or if the disability is | ||||||
9 | less than 50% of total disability for
any service of a | ||||||
10 | remunerative character, the duty disability benefit
shall | ||||||
11 | be 50% of salary as defined in this Article.
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12 | (ii) Beginning January 1, 1996, no duty disability
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13 | benefit that has been payable under this Section for at | ||||||
14 | least 10 years shall be
less than 50% of the current salary | ||||||
15 | 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 1995.
Beginning on January 1, 2000, no duty disability | ||||||
20 | benefit that has
been payable under this Section for at | ||||||
21 | least 7 years shall be less than 60% of
the current salary | ||||||
22 | attached from time to time to the rank held by the | ||||||
23 | policeman
at the time of removal from the police | ||||||
24 | department payroll, regardless of
whether that removal | ||||||
25 | occurred before the effective date of this amendatory
Act | ||||||
26 | of the 92nd General Assembly.
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1 | (iii) If the Board finds that the disability of the | ||||||
2 | policeman is of such
a nature as to permanently render him | ||||||
3 | totally disabled for any service of a
remunerative | ||||||
4 | character, the duty disability benefit shall be 75% of the | ||||||
5 | current
salary attached from time to time to the rank held | ||||||
6 | by the policeman at the time
of removal from the police | ||||||
7 | department payroll. In the case of a policeman
receiving a | ||||||
8 | duty disability benefit under this Section on the | ||||||
9 | effective date
of this amendatory Act of the 92nd General | ||||||
10 | Assembly, the increase in benefit
provided by this | ||||||
11 | amendatory Act, if any, shall begin to accrue as of the | ||||||
12 | date
that the Board makes the required finding of | ||||||
13 | permanent total disability,
regardless of whether removal | ||||||
14 | from the payroll occurred before the effective
date of | ||||||
15 | this amendatory Act.
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16 | (b) The policeman shall also have a right to child's | ||||||
17 | disability benefit
of $100 per month for each unmarried child, | ||||||
18 | the issue of the
policeman, less than age 18, but the total | ||||||
19 | amount of child's disability benefit
shall not exceed 25% of | ||||||
20 | his salary as defined in this Article. The increase
in child's | ||||||
21 | disability benefit provided by this amendatory Act of the 92nd
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22 | General Assembly applies beginning January 1, 2000 to all such | ||||||
23 | benefits payable
on or after that date, regardless of whether | ||||||
24 | the disabled policeman is in
active service on or after the | ||||||
25 | effective date of this amendatory Act.
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26 | (c) Duty disability benefit shall be payable until the |
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1 | policeman
becomes age 63 or would have been retired by | ||||||
2 | operation of law, whichever
is later, and child's disability | ||||||
3 | benefit shall be paid during any such
period of disability | ||||||
4 | until the child attains age 18. Thereafter the
policeman shall | ||||||
5 | receive the annuity provided in accordance with the
other | ||||||
6 | provisions of this Article.
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7 | (d) A policeman who suffers a heart attack during the | ||||||
8 | performance
and discharge of his or her duties as a policeman | ||||||
9 | shall be considered
injured in the performance of an act of | ||||||
10 | duty and shall be eligible for
all benefits that the City | ||||||
11 | provides for police officers injured in the
performance of an | ||||||
12 | act of duty. This subsection (d) is a restatement of
existing | ||||||
13 | law and applies without regard to whether the policeman is in | ||||||
14 | service
on or after the effective date of Public Act 89-12 or | ||||||
15 | this amendatory Act of
1996.
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16 | (e) A policeman who is injured as a result of a bullet shot | ||||||
17 | from a firearm in the performance of an act of duty or is | ||||||
18 | physically injured in the performance of an act of duty shall | ||||||
19 | be rebuttably presumed to have a disability of such a nature as | ||||||
20 | to permanently render him or her totally disabled for any | ||||||
21 | service of a remunerative character. Immediately upon | ||||||
22 | application for a duty disability benefit, the policeman shall | ||||||
23 | be entitled to an interim duty disability benefit equal to 75% | ||||||
24 | of the current salary attached from time to time to the rank | ||||||
25 | held by the policeman at the time of removal from the police | ||||||
26 | department payroll if (1) he or she is not entitled to receive |
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1 | salary or any other injured-on-duty benefit for that injury | ||||||
2 | and (2) a licensed and practicing physician has not medically | ||||||
3 | authorized the policeman to return to service. The interim | ||||||
4 | duty disability benefit shall terminate upon the earlier of: | ||||||
5 | (i) the occurrence of any event or condition that would | ||||||
6 | terminate a duty disability benefit under this Article; (ii) | ||||||
7 | the commencement of a duty disability benefit; or (iii) the | ||||||
8 | Board's determination that the policeman is not entitled to a | ||||||
9 | duty disability benefit. | ||||||
10 | If the Board finds that the policeman is not entitled to a | ||||||
11 | duty disability benefit, the policeman shall repay to the Fund | ||||||
12 | the amount of the interim duty disability benefit received. If | ||||||
13 | the Board finds that the policeman is entitled to a lesser duty | ||||||
14 | disability benefit amount than the interim duty disability | ||||||
15 | amount, the policeman shall repay to the Fund the amount of the | ||||||
16 | interim duty disability benefit received that was in excess of | ||||||
17 | the duty disability benefit to which the policeman was | ||||||
18 | entitled. | ||||||
19 | (Source: P.A. 92-52, eff. 7-12-01.)
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20 | Section 90. The State Mandates Act is amended by adding | ||||||
21 | Section 8.47 as follows:
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22 | (30 ILCS 805/8.47 new) | ||||||
23 | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | ||||||
24 | 8 of this Act, no reimbursement by the State is required for |
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1 | the implementation of any mandate created by this amendatory | ||||||
2 | Act of the 103rd General Assembly.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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