HB5264 EngrossedLRB103 38085 RPS 68217 b HB5264 Engrossed LRB103 38085 RPS 68217 b
HB5264 Engrossed LRB103 38085 RPS 68217 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 5-228 as follows:
6 (40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
7 Sec. 5-228. Administrative review.
8 (a) The provisions of the Administrative Review Law, and
9 all amendments and modifications thereof and the rules adopted
10 pursuant thereto, shall apply to and govern all proceedings
11 for the judicial review of final administrative decisions of
12 the retirement board provided for under this Article. The term
13 "administrative decision" is as defined in Section 3-101 of
14 the Code of Civil Procedure.
15 (b) If any policeman whose application for either a duty
16 disability benefit under Section 5-154, or for an occupational
17 disease disability benefit under Section 5-154.1, or for an
18 ordinary disability benefit under Section 5-155 has been
19 denied by a majority vote of the Retirement Board brings an
20 action for administrative review challenging the denial of
21 disability benefits and the policeman prevails in the action
22 in administrative review, then the prevailing policeman shall
23 be entitled to recover from the Fund court costs and
HB5264 Engrossed LRB103 38085 RPS 68217 b
HB5264 Engrossed- 2 -LRB103 38085 RPS 68217 b HB5264 Engrossed - 2 - LRB103 38085 RPS 68217 b
HB5264 Engrossed - 2 - LRB103 38085 RPS 68217 b
1 litigation expenses, including reasonable attorney's fees, as
2 part of the costs of the action.
3 (c) If a policeman whose duty disability benefits,
4 ordinary disability benefits, or occupational disability
5 benefits are terminated by a majority vote of the Retirement
6 Board brings an action for administrative review challenging
7 the termination of those disability benefits and prevails in
8 the action in administrative review, then the prevailing
9 policeman shall be entitled to recover from the Fund court
10 costs and litigation expenses, including reasonable attorney's
11 fees, as part of the costs of the action.
12 (Source: P.A. 101-387, eff. 8-16-19.)
13 Section 90. The State Mandates Act is amended by adding
14 Section 8.48 as follows:
15 (30 ILCS 805/8.48 new)
16 Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and
17 8 of this Act, no reimbursement by the State is required for
18 the implementation of any mandate created by this amendatory
19 Act of the 103rd General Assembly.
HB5264 Engrossed - 2 - LRB103 38085 RPS 68217 b