Illinois 2025-2026 Regular Session

Illinois House Bill HB2479 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2479 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-156.5 new40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.49 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 any policeman who has been denied a disability benefit without an offer of reinstatement or a limited-duty position after the effective date of the amendatory Act is entitled to disability benefits. Provides that if a policeman has an application for an ordinary disability benefit denied by a majority vote of the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by a majority vote of 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. LRB104 08789 RPS 18844 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2479 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-156.5 new40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.49 new 40 ILCS 5/5-156.5 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.49 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 any policeman who has been denied a disability benefit without an offer of reinstatement or a limited-duty position after the effective date of the amendatory Act is entitled to disability benefits. Provides that if a policeman has an application for an ordinary disability benefit denied by a majority vote of the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by a majority vote of 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. LRB104 08789 RPS 18844 b LRB104 08789 RPS 18844 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2479 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/5-156.5 new40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.49 new 40 ILCS 5/5-156.5 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.49 new
44 40 ILCS 5/5-156.5 new
55 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
66 30 ILCS 805/8.49 new
77 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 any policeman who has been denied a disability benefit without an offer of reinstatement or a limited-duty position after the effective date of the amendatory Act is entitled to disability benefits. Provides that if a policeman has an application for an ordinary disability benefit denied by a majority vote of the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by a majority vote of 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.
88 LRB104 08789 RPS 18844 b LRB104 08789 RPS 18844 b
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1010 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
1111 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
1212 A BILL FOR
1313 HB2479LRB104 08789 RPS 18844 b HB2479 LRB104 08789 RPS 18844 b
1414 HB2479 LRB104 08789 RPS 18844 b
1515 1 AN ACT concerning public employee benefits.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Illinois Pension Code is amended by adding
1919 5 Section 5-156.5 and by changing Section 5-228 as follows:
2020 6 (40 ILCS 5/5-156.5 new)
2121 7 Sec. 5-156.5. Presumption of disability; reinstatement.
2222 8 (a) A policeman who applies for disability benefits under
2323 9 this Article and has been denied reinstatement as a policeman
2424 10 by his or her employer because of a physical or mental
2525 11 incapacity shall be presumed to be disabled as that term is
2626 12 used in this Article.
2727 13 (b) No policeman who otherwise meets the requirements for
2828 14 a disability benefit shall be denied a disability benefit
2929 15 unless and until the policeman's employer reinstates him or
3030 16 her as a policeman or offers him or her a limited-duty
3131 17 position.
3232 18 (c) Any policeman who has been denied a disability benefit
3333 19 without an offer of reinstatement or a limited-duty position
3434 20 after the effective date of this amendatory Act of the 104th
3535 21 General Assembly is entitled to disability benefits.
3636 22 (40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2479 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
4141 40 ILCS 5/5-156.5 new40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.49 new 40 ILCS 5/5-156.5 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.49 new
4242 40 ILCS 5/5-156.5 new
4343 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
4444 30 ILCS 805/8.49 new
4545 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 any policeman who has been denied a disability benefit without an offer of reinstatement or a limited-duty position after the effective date of the amendatory Act is entitled to disability benefits. Provides that if a policeman has an application for an ordinary disability benefit denied by a majority vote of the Board of Trustees of the Fund or has a duty disability benefit, ordinary disability benefit, or occupational disability benefit terminated by a majority vote of 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.
4646 LRB104 08789 RPS 18844 b LRB104 08789 RPS 18844 b
4747 LRB104 08789 RPS 18844 b
4848 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4949 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
5050 A BILL FOR
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5656 40 ILCS 5/5-156.5 new
5757 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
5858 30 ILCS 805/8.49 new
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6464 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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7979 HB2479- 2 -LRB104 08789 RPS 18844 b HB2479 - 2 - LRB104 08789 RPS 18844 b
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8181 1 Sec. 5-228. Administrative review.
8282 2 (a) The provisions of the Administrative Review Law, and
8383 3 all amendments and modifications thereof and the rules adopted
8484 4 pursuant thereto, shall apply to and govern all proceedings
8585 5 for the judicial review of final administrative decisions of
8686 6 the retirement board provided for under this Article. The term
8787 7 "administrative decision" is as defined in Section 3-101 of
8888 8 the Code of Civil Procedure.
8989 9 (b) If any policeman whose application for either a duty
9090 10 disability benefit under Section 5-154, or for an occupational
9191 11 disease disability benefit under Section 5-154.1, or for an
9292 12 ordinary disability benefit under Section 5-155 has been
9393 13 denied by a majority vote of the Retirement Board brings an
9494 14 action for administrative review challenging the denial of
9595 15 disability benefits and the policeman prevails in the action
9696 16 in administrative review, then the prevailing policeman shall
9797 17 be entitled to recover from the Fund court costs and
9898 18 litigation expenses, including reasonable attorney's fees, as
9999 19 part of the costs of the action.
100100 20 (c) If a policeman whose duty disability benefits,
101101 21 ordinary disability benefits, or occupational disability
102102 22 benefits are terminated by a majority vote of the Retirement
103103 23 Board brings an action for administrative review challenging
104104 24 the termination of those disability benefits and prevails in
105105 25 the action in administrative review, then the prevailing
106106 26 policeman shall be entitled to recover from the Fund court
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117117 1 costs and litigation expenses, including reasonable attorney's
118118 2 fees, as part of the costs of the action.
119119 3 (Source: P.A. 101-387, eff. 8-16-19.)
120120 4 Section 90. The State Mandates Act is amended by adding
121121 5 Section 8.49 as follows:
122122 6 (30 ILCS 805/8.49 new)
123123 7 Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
124124 8 8 of this Act, no reimbursement by the State is required for
125125 9 the implementation of any mandate created by this amendatory
126126 10 Act of the 104th General Assembly.
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132132 HB2479 - 3 - LRB104 08789 RPS 18844 b