Illinois 2023-2024 Regular Session

Illinois House Bill HB3123 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 HB3123 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-240 new Amends the Chicago Police Article of the Illinois Pension Code. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the policeman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may intervene in any action brought by the disabled policeman or his or her personal representative. Effective immediately. LRB103 25835 RPS 52186 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3123 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-240 new 40 ILCS 5/5-240 new Amends the Chicago Police Article of the Illinois Pension Code. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the policeman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may intervene in any action brought by the disabled policeman or his or her personal representative. Effective immediately. LRB103 25835 RPS 52186 b LRB103 25835 RPS 52186 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3123 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/5-240 new 40 ILCS 5/5-240 new
4	4	40 ILCS 5/5-240 new
5	5	Amends the Chicago Police Article of the Illinois Pension Code. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the policeman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may intervene in any action brought by the disabled policeman or his or her personal representative. Effective immediately.
6	6	LRB103 25835 RPS 52186 b LRB103 25835 RPS 52186 b
7	7	LRB103 25835 RPS 52186 b
8	8	A BILL FOR
9	9	HB3123LRB103 25835 RPS 52186 b HB3123 LRB103 25835 RPS 52186 b
10	10	HB3123 LRB103 25835 RPS 52186 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 adding
15	15	5 Section 5-240 as follows:
16	16	6 (40 ILCS 5/5-240 new)
17	17	7 Sec. 5-240. Action by Fund against third party;
18	18	8 subrogation. In those cases where the injury or death for
19	19	9 which a disability or death benefit is payable under this
20	20	10 Article was caused under circumstances creating a legal
21	21	11 liability on the part of some person or entity ("third party")
22	22	12 to pay damages to the policeman, legal proceedings may be
23	23	13 taken against such third party to recover damages
24	24	14 notwithstanding the Fund's payment of or liability to pay
25	25	15 disability or death benefits under this Article. In such case,
26	26	16 however, if the action against such third party is brought by
27	27	17 the injured policeman or his or her personal representative
28	28	18 and judgment is obtained and paid, or settlement is made with
29	29	19 such third party, either with or without suit, from the amount
30	30	20 received by such policeman or personal representative, then
31	31	21 there shall be paid to the Fund the amount of money
32	32	22 representing the death or disability benefits paid or to be
33	33	23 paid to the disabled policeman pursuant to the provisions of
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3123 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
38	38	40 ILCS 5/5-240 new 40 ILCS 5/5-240 new
39	39	40 ILCS 5/5-240 new
40	40	Amends the Chicago Police Article of the Illinois Pension Code. Provides that, in those cases where the injury or death for which a disability or death benefit is payable was caused under circumstances creating a legal liability on the part of some person or entity to pay damages to the policeman, then legal proceedings may be taken against such other person or entity to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits. Provides that the Fund may intervene in any action brought by the disabled policeman or his or her personal representative. Effective immediately.
41	41	LRB103 25835 RPS 52186 b LRB103 25835 RPS 52186 b
42	42	LRB103 25835 RPS 52186 b
43	43	A BILL FOR
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49	49	40 ILCS 5/5-240 new
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53	53	LRB103 25835 RPS 52186 b
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63	63	HB3123 LRB103 25835 RPS 52186 b
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66	66	HB3123- 2 -LRB103 25835 RPS 52186 b HB3123 - 2 - LRB103 25835 RPS 52186 b
67	67	HB3123 - 2 - LRB103 25835 RPS 52186 b
68	68	1 this Article. In all circumstances where the action against a
69	69	2 third party is brought by the disabled policeman or his or her
70	70	3 personal representative, the Fund shall have a claim or lien
71	71	4 upon any recovery, by judgment or settlement, out of which the
72	72	5 disabled policeman or his or her personal representative might
73	73	6 be compensated from such third party. The Fund may satisfy or
74	74	7 enforce any such claim or lien only from that portion of a
75	75	8 recovery that has been, or can be, allocated or attributed to
76	76	9 past and future lost salary, which recovery is by judgment or
77	77	10 settlement. The Fund's claim or lien shall not be satisfied or
78	78	11 enforced from that portion of a recovery that has been, or can
79	79	12 be, allocated or attributed to medical care and treatment,
80	80	13 pain and suffering, loss of consortium, and attorney's fees
81	81	14 and costs.
82	82	15 Where an action is brought by the disabled policeman or
83	83	16 his or her personal representative, the disabled policeman or
84	84	17 his or her personal representative shall forthwith notify the
85	85	18 Fund, by personal service or registered mail, of such fact and
86	86	19 of the name of the court where such suit is brought, filing
87	87	20 proof of such notice in such action. The Fund may, at any time
88	88	21 thereafter, intervene in such action upon its own motion.
89	89	22 Therefore, no release or settlement of claim for damages by
90	90	23 reason of injury to the disabled policeman, and no
91	91	24 satisfaction of judgment in such proceedings, shall be valid
92	92	25 without the written consent of the Board of Trustees
93	93	26 authorized by this Code to administer the Fund created under
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99	99	HB3123 - 2 - LRB103 25835 RPS 52186 b
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102	102	HB3123- 3 -LRB103 25835 RPS 52186 b HB3123 - 3 - LRB103 25835 RPS 52186 b
103	103	HB3123 - 3 - LRB103 25835 RPS 52186 b
104	104	1 this Article, except that such consent shall be provided
105	105	2 expeditiously following a settlement or judgment.
106	106	3 If the disabled policeman or his or her personal
107	107	4 representative has not instituted an action against a third
108	108	5 party at a time when only 3 months remain before such action
109	109	6 would thereafter be barred by law, the Fund may, in its own
110	110	7 name or in the name of the personal representative, commence a
111	111	8 proceeding against such third party seeking the recovery of
112	112	9 all damages on account of injuries caused to the policeman.
113	113	10 From any amount so recovered, the Fund shall pay to the
114	114	11 personal representative of such disabled policeman all sums
115	115	12 collected from such third party by judgment or otherwise in
116	116	13 excess of the amount of disability or death benefits paid or to
117	117	14 be paid under this Article to the disabled policeman or his
118	118	15 personal representative, and such costs, attorney's fees, and
119	119	16 reasonable expenses as may be incurred by the Fund in making
120	120	17 the collection or in enforcing such liability. The Fund's
121	121	18 recovery shall be satisfied only from that portion of a
122	122	19 recovery that has been or can be allocated or attributed to
123	123	20 past and future lost salary, which recovery is by judgment or
124	124	21 settlement. The Fund's recovery shall not be satisfied from
125	125	22 that portion of the recovery that has been or can be allocated
126	126	23 or attributed to medical care and treatment, pain and
127	127	24 suffering, loss of consortium, and attorney's fees and costs.
128	128	25 Additionally, with respect to any right of subrogation
129	129	26 asserted by the Fund under this Section, the Fund, in the
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135	135	HB3123 - 3 - LRB103 25835 RPS 52186 b
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138	138	HB3123- 4 -LRB103 25835 RPS 52186 b HB3123 - 4 - LRB103 25835 RPS 52186 b
139	139	HB3123 - 4 - LRB103 25835 RPS 52186 b
140	140	1 exercise of discretion, may determine what amount from past or
141	141	2 future salary shall be appropriate under the circumstances to
142	142	3 collect from the recovery obtained on behalf of the disabled
143	143	4 policeman.
144	144	5 Any recovery obtained by the Fund pursuant to this Section
145	145	6 shall be reduced by the offset for any compensation, award, or
146	146	7 other payment to the employee under the Workers' Compensation
147	147	8 Act or the Workers' Occupational Diseases Act relating to such
148	148	9 disability afforded to the Fund pursuant to this Article,
149	149	10 except that the reduction in the recovery for such offset
150	150	11 shall be limited to that portion of the compensation, award,
151	151	12 or other payment that is or reasonably can be allocated or
152	152	13 attributed to past or future salary.
153	153	14 Section 99. Effective date. This Act takes effect upon
154	154	15 becoming law.
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160	160	HB3123 - 4 - LRB103 25835 RPS 52186 b