Illinois 2023-2024 Regular Session

Illinois House Bill HB3082 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3082 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157 Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who assumes regular employment for compensation, while in receipt of disability benefits (instead of ordinary or duty disability benefits), shall not be entitled to receive any amount of such disability benefits which, when added to his or her compensation for such employment during disability, would exceed 125% (instead of 150%) of the rate of salary which would be paid to the policeman if he or she were working in his or her regularly appointed civil service position as a policeman. Provides that each policeman who is granted a disability benefit shall supply the Fund with a copy of his or her federal and state tax returns, along with all accompanying schedules, within 30 days after filing those returns. Provides that a policeman shall have no further right to receive the disability benefit if the policeman refuses to provide his or her filed tax returns. Provides that a policeman shall have an affirmative obligation to inform the fund when he or she has received a medical opinion that he or she no longer has a disability. Provides that when the disability ceases, the policeman shall have no further right to receive the benefit and he or she shall be returned to active service. Makes other changes. Effective immediately. LRB103 25843 RPS 52194 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3082 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157 40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157 Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who assumes regular employment for compensation, while in receipt of disability benefits (instead of ordinary or duty disability benefits), shall not be entitled to receive any amount of such disability benefits which, when added to his or her compensation for such employment during disability, would exceed 125% (instead of 150%) of the rate of salary which would be paid to the policeman if he or she were working in his or her regularly appointed civil service position as a policeman. Provides that each policeman who is granted a disability benefit shall supply the Fund with a copy of his or her federal and state tax returns, along with all accompanying schedules, within 30 days after filing those returns. Provides that a policeman shall have no further right to receive the disability benefit if the policeman refuses to provide his or her filed tax returns. Provides that a policeman shall have an affirmative obligation to inform the fund when he or she has received a medical opinion that he or she no longer has a disability. Provides that when the disability ceases, the policeman shall have no further right to receive the benefit and he or she shall be returned to active service. Makes other changes. Effective immediately. LRB103 25843 RPS 52194 b LRB103 25843 RPS 52194 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3082 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157 40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157
4	4	40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157
5	5	Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who assumes regular employment for compensation, while in receipt of disability benefits (instead of ordinary or duty disability benefits), shall not be entitled to receive any amount of such disability benefits which, when added to his or her compensation for such employment during disability, would exceed 125% (instead of 150%) of the rate of salary which would be paid to the policeman if he or she were working in his or her regularly appointed civil service position as a policeman. Provides that each policeman who is granted a disability benefit shall supply the Fund with a copy of his or her federal and state tax returns, along with all accompanying schedules, within 30 days after filing those returns. Provides that a policeman shall have no further right to receive the disability benefit if the policeman refuses to provide his or her filed tax returns. Provides that a policeman shall have an affirmative obligation to inform the fund when he or she has received a medical opinion that he or she no longer has a disability. Provides that when the disability ceases, the policeman shall have no further right to receive the benefit and he or she shall be returned to active service. Makes other changes. Effective immediately.
6	6	LRB103 25843 RPS 52194 b LRB103 25843 RPS 52194 b
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8	8	A BILL FOR
9	9	HB3082LRB103 25843 RPS 52194 b HB3082 LRB103 25843 RPS 52194 b
10	10	HB3082 LRB103 25843 RPS 52194 b
11	11	1 AN ACT concerning public employee benefits.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Pension Code is amended by
15	15	5 changing Section 5-157 as follows:
16	16	6 (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
17	17	7 Sec. 5-157. Administration of disability benefits.
18	18	8 (a) If a policeman who is granted duty or ordinary
19	19	9 disability benefit refuses to submit to examination by a
20	20	10 physician appointed by the board, he shall have no further
21	21	11 right to receive the benefit.
22	22	12 (b) A policeman who has withdrawn from service while
23	23	13 disabled and entered upon annuity prior to the effective date,
24	24	14 and who has thereafter been reinstated as a policeman, shall
25	25	15 have no right to ordinary disability benefit in excess of the
26	26	16 amount previously received unless he serves at least one year
27	27	17 after such reinstatement. This provision shall apply
28	28	18 throughout the duration of any disability incurred by the
29	29	19 policeman within one year after his reinstatement resulting
30	30	20 from any cause other than injury incurred in the performance
31	31	21 of an act of duty.
32	32	22 (c) A Until the effective date of this amendatory Act of
33	33	23 the 92nd General Assembly, a policeman who assumes regular
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3082 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
38	38	40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157 40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157
39	39	40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157
40	40	Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who assumes regular employment for compensation, while in receipt of disability benefits (instead of ordinary or duty disability benefits), shall not be entitled to receive any amount of such disability benefits which, when added to his or her compensation for such employment during disability, would exceed 125% (instead of 150%) of the rate of salary which would be paid to the policeman if he or she were working in his or her regularly appointed civil service position as a policeman. Provides that each policeman who is granted a disability benefit shall supply the Fund with a copy of his or her federal and state tax returns, along with all accompanying schedules, within 30 days after filing those returns. Provides that a policeman shall have no further right to receive the disability benefit if the policeman refuses to provide his or her filed tax returns. Provides that a policeman shall have an affirmative obligation to inform the fund when he or she has received a medical opinion that he or she no longer has a disability. Provides that when the disability ceases, the policeman shall have no further right to receive the benefit and he or she shall be returned to active service. Makes other changes. Effective immediately.
41	41	LRB103 25843 RPS 52194 b LRB103 25843 RPS 52194 b
42	42	LRB103 25843 RPS 52194 b
43	43	A BILL FOR
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49	49	40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157
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68	68	1 employment for compensation, while in receipt of ordinary or
69	69	2 duty disability benefits, shall not be entitled to receive any
70	70	3 amount of such disability benefits which, when added to his
71	71	4 compensation for such employment during disability, would
72	72	5 exceed 125% 150% of the rate of salary which would be paid to
73	73	6 him if he were working in his regularly appointed civil
74	74	7 service position as a policeman. The changes made to this
75	75	8 Section by Public Act 90-766 are not limited to persons in
76	76	9 service on or after the effective date of that Act.
77	77	10 Each policeman who is granted a disability benefit shall
78	78	11 supply the Fund with a copy of his or her federal and state tax
79	79	12 returns, along with all accompanying schedules, within 30 days
80	80	13 after filing those returns. A policeman shall have no further
81	81	14 right to receive the disability benefit if the policeman
82	82	15 refuses to provide his or her filed tax returns. The reduction
83	83	16 of disability benefits due to compensation for employment made
84	84	17 by the changes to this Section by this amendatory Act of the
85	85	18 103rd General Assembly shall apply to all persons in receipt
86	86	19 of disability benefits on or after the effective date of this
87	87	20 amendatory Act of the 103rd General Assembly.
88	88	21 Beginning on the effective date of this amendatory Act of
89	89	22 the 92nd General Assembly, the reduction of disability
90	90	23 benefits due to compensation for employment previously imposed
91	91	24 under this subsection (c) no longer applies to any person
92	92	25 receiving a disability benefit under this Article, without
93	93	26 regard to whether the person is in service on or after that
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104	104	1 date. The removal of this limitation by this amendatory Act is
105	105	2 not retroactive and does not entitle any person to the
106	106	3 restoration of amounts previously reduced or withheld under
107	107	4 this subsection.
108	108	5 (d) Disability benefit shall not be paid for any part of
109	109	6 time for which a disabled policeman shall receive any part of
110	110	7 his salary.
111	111	8 (e) Except as herein otherwise provided, disability
112	112	9 benefit shall not be paid for any disability based upon or
113	113	10 caused by any mental or physical defect which the policeman
114	114	11 had at the time he entered the police service.
115	115	12 (f) Disability benefit shall not be allowed to any
116	116	13 policeman who re-enters the public service in any capacity
117	117	14 where his salary is payable in whole or in part by taxes levied
118	118	15 upon taxable property in the city in which this Article is in
119	119	16 effect, or out of special revenues of any department of the
120	120	17 city. The disability benefit shall be suspended during the
121	121	18 period he is in the public service for compensation, and shall
122	122	19 be resumed when he withdraws from such service.
123	123	20 (f-5) A policeman shall have an affirmative obligation to
124	124	21 inform the fund when he or she has received a medical opinion
125	125	22 that he or she no longer has a disability, as defined in
126	126	23 Section 5-115. When the disability ceases, the policeman shall
127	127	24 have no further right to receive the benefit and he or she
128	128	25 shall be returned to active service.
129	129	26 (g) If a policeman receives any compensation as temporary
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140	140	1 total disability, permanent total disability, a lump sum
141	141	2 settlement award, or other payment under the Workers'
142	142	3 Compensation Act or the Workers' Occupational Diseases Act as
143	143	4 a result of the policeman's secondary employment for any
144	144	5 injury resulting in disability, any disability benefit
145	145	6 provided to the policeman for such disability under this
146	146	7 Article shall be reduced by any compensation amount so
147	147	8 received, if that compensation amount is less than the amount
148	148	9 of the disability benefit. If the amount received as
149	149	10 compensation exceeds the amount of the disability benefit, the
150	150	11 policeman shall not receive the disability benefit until the
151	151	12 disability benefit payable equals the amount of the
152	152	13 compensation received without consideration of interest. The
153	153	14 calculation of compensation received by the policeman as
154	154	15 provided in this Section shall not take into consideration any
155	155	16 benefits received under the Line of Duty Compensation Act.
156	156	17 If the widow, child or children, or parent or parents of a
157	157	18 policeman, or any of these persons, receives any compensation
158	158	19 under the Workers' Compensation Act or the Workers'
159	159	20 Occupational Diseases Act as a result of the policeman's
160	160	21 secondary employment for any injury resulting in the
161	161	22 policeman's death, the annuities provided under this Article
162	162	23 for those beneficiaries shall be reduced by any compensation
163	163	24 amount so received, if that compensation amount is less than
164	164	25 the amount of the annuities. If the amount received as
165	165	26 compensation exceeds the amount of the annuities for the
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176	176	1 widow, child or children, or parent or parents, the annuities
177	177	2 shall not be payable until the accumulated value of the
178	178	3 annuities equals the amount of the compensation received
179	179	4 without consideration of interest. In making the adjustment,
180	180	5 the annuity to the widow shall first be reduced. The
181	181	6 calculation of compensation received by the widow, child or
182	182	7 children, or parent or parents of a policeman, or any of these
183	183	8 persons, as provided in this Section shall not take into
184	184	9 consideration any benefits received under the Line of Duty
185	185	10 Compensation Act or the Public Safety Officers Benefits Act of
186	186	11 1976, 34 U.S.C. 10281 et seq.
187	187	12 (h) Any disability benefit paid in violation of this
188	188	13 Section or of this Article shall be construed to have been paid
189	189	14 in error, and the amounts so paid shall be charged as a debit
190	190	15 in the account of any person to whom the same was paid and
191	191	16 shall be deducted from any moneys thereafter payable to such
192	192	17 person out of this fund, or to the widow, heirs or estate of
193	193	18 such person.
194	194	19 (Source: P.A. 102-806, eff. 5-13-22.)
195	195	20 Section 99. Effective date. This Act takes effect upon
196	196	21 becoming law.
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