Bill Text: IL HB5266 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5266 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
40 ILCS 5/5-156.5 new
30 ILCS 805/8.48 new
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.
LRB103 38079 RPS 68211 b
A BILL FOR
HB5266 LRB103 38079 RPS 68211 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 adding
Section 5-156.5 as follows:
(40 ILCS 5/5-156.5 new)
Sec. 5-156.5. Presumption of disability; reinstatement.
(a) A policeman who applies for disability benefits under
this 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 this Article.
(b) 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.
(c) This Section shall apply retroactively to January 1,
2023. 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. Notwithstanding Section 1-103.1, this
Section applies without regard to whether the policeman was in

HB5266 - 2 - LRB103 38079 RPS 68211 b
service on or after the effective date of this amendatory Act
of the 103rd General Assembly.
Section 90. The State Mandates Act is amended by adding
Section 8.48 as follows:
(30 ILCS 805/8.48 new)
Sec. 8.48. 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 103rd General Assembly.