IL
Illinois House Bill HB5264

Illinois 2023-2024 Regular Session

Illinois House Bill HB5264 Compare Versions

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1-HB5264 EngrossedLRB103 38085 RPS 68217 b HB5264 Engrossed LRB103 38085 RPS 68217 b
2- HB5264 Engrossed LRB103 38085 RPS 68217 b
1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5264 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.48 new Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman has an application for an ordinary disability benefit denied by the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by the Board and brings an action for administrative review challenging the termination or denial of the disability benefit and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 38085 RPS 68217 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5264 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.48 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.48 new Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman has an application for an ordinary disability benefit denied by the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by the Board and brings an action for administrative review challenging the termination or denial of the disability benefit and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 38085 RPS 68217 b LRB103 38085 RPS 68217 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5264 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
3+40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.48 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.48 new
4+40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
5+30 ILCS 805/8.48 new
6+Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman has an application for an ordinary disability benefit denied by the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by the Board and brings an action for administrative review challenging the termination or denial of the disability benefit and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
7+LRB103 38085 RPS 68217 b LRB103 38085 RPS 68217 b
8+ LRB103 38085 RPS 68217 b
9+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11+A BILL FOR
12+HB5264LRB103 38085 RPS 68217 b HB5264 LRB103 38085 RPS 68217 b
13+ HB5264 LRB103 38085 RPS 68217 b
314 1 AN ACT concerning public employee benefits.
415 2 Be it enacted by the People of the State of Illinois,
516 3 represented in the General Assembly:
617 4 Section 5. The Illinois Pension Code is amended by
718 5 changing Section 5-228 as follows:
819 6 (40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
920 7 Sec. 5-228. Administrative review.
1021 8 (a) The provisions of the Administrative Review Law, and
1122 9 all amendments and modifications thereof and the rules adopted
1223 10 pursuant thereto, shall apply to and govern all proceedings
1324 11 for the judicial review of final administrative decisions of
1425 12 the retirement board provided for under this Article. The term
1526 13 "administrative decision" is as defined in Section 3-101 of
1627 14 the Code of Civil Procedure.
1728 15 (b) If any policeman whose application for either a duty
1829 16 disability benefit under Section 5-154, or for an occupational
1930 17 disease disability benefit under Section 5-154.1, or for an
2031 18 ordinary disability benefit under Section 5-155 has been
21-19 denied by a majority vote of the Retirement Board brings an
22-20 action for administrative review challenging the denial of
23-21 disability benefits and the policeman prevails in the action
24-22 in administrative review, then the prevailing policeman shall
25-23 be entitled to recover from the Fund court costs and
32+19 denied by the Retirement Board brings an action for
33+20 administrative review challenging the denial of disability
34+21 benefits and the policeman prevails in the action in
35+22 administrative review, then the prevailing policeman shall be
36+23 entitled to recover from the Fund court costs and litigation
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29- HB5264 Engrossed LRB103 38085 RPS 68217 b
40+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5264 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
41+40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.48 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.48 new
42+40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
43+30 ILCS 805/8.48 new
44+Amends the Chicago Police Article of the Illinois Pension Code. Provides that if a policeman has an application for an ordinary disability benefit denied by the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by the Board and brings an action for administrative review challenging the termination or denial of the disability benefit and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
45+LRB103 38085 RPS 68217 b LRB103 38085 RPS 68217 b
46+ LRB103 38085 RPS 68217 b
47+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
48+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
49+A BILL FOR
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34-1 litigation expenses, including reasonable attorney's fees, as
35-2 part of the costs of the action.
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55+40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
56+30 ILCS 805/8.48 new
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60+ LRB103 38085 RPS 68217 b
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62+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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79+1 expenses, including reasonable attorney's fees, as part of the
80+2 costs of the action.
3681 3 (c) If a policeman whose duty disability benefits,
3782 4 ordinary disability benefits, or occupational disability
38-5 benefits are terminated by a majority vote of the Retirement
39-6 Board brings an action for administrative review challenging
40-7 the termination of those disability benefits and prevails in
41-8 the action in administrative review, then the prevailing
42-9 policeman shall be entitled to recover from the Fund court
43-10 costs and litigation expenses, including reasonable attorney's
44-11 fees, as part of the costs of the action.
83+5 benefits are terminated by the Retirement Board brings an
84+6 action for administrative review challenging the termination
85+7 of those disability benefits and prevails in the action in
86+8 administrative review, then the prevailing policeman shall be
87+9 entitled to recover from the Fund court costs and litigation
88+10 expenses, including reasonable attorney's fees, as part of the
89+11 costs of the action.
4590 12 (Source: P.A. 101-387, eff. 8-16-19.)
4691 13 Section 90. The State Mandates Act is amended by adding
4792 14 Section 8.48 as follows:
4893 15 (30 ILCS 805/8.48 new)
4994 16 Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
5095 17 8 of this Act, no reimbursement by the State is required for
5196 18 the implementation of any mandate created by this amendatory
5297 19 Act of the 103rd General Assembly.
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58- HB5264 Engrossed - 2 - LRB103 38085 RPS 68217 b
103+ HB5264 - 2 - LRB103 38085 RPS 68217 b