Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1191 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1191 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 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 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. LRB104 07478 RPS 17521 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1191 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.49 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 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. LRB104 07478 RPS 17521 b LRB104 07478 RPS 17521 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1191 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.49 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.49 new
4	4	40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
5	5	30 ILCS 805/8.49 new
6	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	7	LRB104 07478 RPS 17521 b LRB104 07478 RPS 17521 b
8	8	LRB104 07478 RPS 17521 b
9	9	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10	10	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11	11	A BILL FOR
12	12	SB1191LRB104 07478 RPS 17521 b SB1191 LRB104 07478 RPS 17521 b
13	13	SB1191 LRB104 07478 RPS 17521 b
14	14	1 AN ACT concerning public employee benefits.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Illinois Pension Code is amended by
18	18	5 changing Section 5-228 as follows:
19	19	6 (40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
20	20	7 Sec. 5-228. Administrative review.
21	21	8 (a) The provisions of the Administrative Review Law, and
22	22	9 all amendments and modifications thereof and the rules adopted
23	23	10 pursuant thereto, shall apply to and govern all proceedings
24	24	11 for the judicial review of final administrative decisions of
25	25	12 the retirement board provided for under this Article. The term
26	26	13 "administrative decision" is as defined in Section 3-101 of
27	27	14 the Code of Civil Procedure.
28	28	15 (b) If any policeman whose application for either a duty
29	29	16 disability benefit under Section 5-154, or for an occupational
30	30	17 disease disability benefit under Section 5-154.1, or for an
31	31	18 ordinary disability benefit under Section 5-155 has been
32	32	19 denied by the Retirement Board brings an action for
33	33	20 administrative review challenging the denial of disability
34	34	21 benefits and the policeman prevails in the action in
35	35	22 administrative review, then the prevailing policeman shall be
36	36	23 entitled to recover from the Fund court costs and litigation
37	37
38	38
39	39
40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1191 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
41	41	40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-22830 ILCS 805/8.49 new 40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228 30 ILCS 805/8.49 new
42	42	40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
43	43	30 ILCS 805/8.49 new
44	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	45	LRB104 07478 RPS 17521 b LRB104 07478 RPS 17521 b
46	46	LRB104 07478 RPS 17521 b
47	47	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
48	48	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
49	49	A BILL FOR
50	50
51	51
52	52
53	53
54	54
55	55	40 ILCS 5/5-228 from Ch. 108 1/2, par. 5-228
56	56	30 ILCS 805/8.49 new
57	57
58	58
59	59
60	60	LRB104 07478 RPS 17521 b
61	61
62	62	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72
73	73
74	74	SB1191 LRB104 07478 RPS 17521 b
75	75
76	76
77	77	SB1191- 2 -LRB104 07478 RPS 17521 b SB1191 - 2 - LRB104 07478 RPS 17521 b
78	78	SB1191 - 2 - LRB104 07478 RPS 17521 b
79	79	1 expenses, including reasonable attorney's fees, as part of the
80	80	2 costs of the action.
81	81	3 (c) If a policeman whose duty disability benefits,
82	82	4 ordinary disability benefits, or occupational disability
83	83	5 benefits are terminated by the Retirement Board brings an
84	84	6 action for administrative review challenging the termination
85	85	7 of those disability benefits and prevails in the action in
86	86	8 administrative review, then the prevailing policeman shall be
87	87	9 entitled to recover from the Fund court costs and litigation
88	88	10 expenses, including reasonable attorney's fees, as part of the
89	89	11 costs of the action.
90	90	12 (Source: P.A. 101-387, eff. 8-16-19.)
91	91	13 Section 90. The State Mandates Act is amended by adding
92	92	14 Section 8.49 as follows:
93	93	15 (30 ILCS 805/8.49 new)
94	94	16 Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
95	95	17 8 of this Act, no reimbursement by the State is required for
96	96	18 the implementation of any mandate created by this amendatory
97	97	19 Act of the 104th General Assembly.
98	98
99	99
100	100
101	101
102	102
103	103	SB1191 - 2 - LRB104 07478 RPS 17521 b