Bill Text: IL SB2918 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Municipal Code. Provides that a physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under the Downstate Police Article of the Illinois Pension Code may not be used, in whole or in part, as a cause for a municipality to discharge a police officer. Provides that, upon a chief of the police department's receipt of a certification from the board of trustees under the Downstate Police Article of the Illinois Pension Code that a police officer is no longer disabled and is able to resume the duties of his or her position, the police officer shall report to the chief of the police department. Provides that the chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she retired for disability under the Downstate Police Article of the Illinois Pension Code. Provides that the police officer shall then report to the chief of the police department. Provides that the chief of the police department shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she retired for disability under the Downstate Police Article of the Illinois Pension Code.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-04-15 - Assigned to Police & Fire Committee [SB2918 Detail]

Download: Illinois-2023-SB2918-Engrossed.html

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SB2918 Engrossed LRB103 36395 RPS 66497 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 10-1-47 and 10-2.1-24 and by adding Sections
10-1-18.3 and 10-2.1-17.5 as follows:
(65 ILCS 5/10-1-18.3 new)
Sec. 10-1-18.3. Disability as a cause for discharge;
prohibited. A physical or mental disability that constitutes,
in whole or in part, the basis of an application for benefits
under Article 3 of the Illinois Pension Code may not be used,
in whole or in part, as a cause for a municipality to discharge
a police officer.
(65 ILCS 5/10-1-47) (from Ch. 24, par. 10-1-47)
Sec. 10-1-47. An employee who has been on disability leave
or military leave granted by the commission and who wishes to
return to active duty in his certified position shall be
credited with seniority for the period of such leave and, if
otherwise qualified, shall be reinstated to his certified
position at the rank or grade held at the start of the leave,
not more than 60 days after his written request for
reinstatement is filed with the commission. Such request shall

SB2918 Engrossed - 2 - LRB103 36395 RPS 66497 b
be filed not more than 30 days after termination of the
disability or military or naval service.
Upon the chief of the police department's receipt of a
certification under Section 3-116 of the Illinois Pension Code
that a police officer is no longer disabled and is able to
resume the duties of his or her position, the police officer
shall report to the chief of the police department. The chief
of the police department shall thereupon order immediate
reinstatement into active service, and the municipality shall
immediately return the police officer to its payroll, in the
same rank or grade held at the date he or she was placed on a
disability pension under Article 3 of the Illinois Pension
Code.
(Source: Laws 1963, p. 1116.)
(65 ILCS 5/10-2.1-17.5 new)
Sec. 10-2.1-17.5. Disability as a cause for discharge;
prohibited. A physical or mental disability that constitutes,
in whole or in part, the basis of an application for benefits
under Article 3 of the Illinois Pension Code may not be used,
in whole or in part, as a cause for a municipality to discharge
a police officer.
(65 ILCS 5/10-2.1-24) (from Ch. 24, par. 10-2.1-24)
Sec. 10-2.1-24. Return to active duty. A person who has
been on disability or military leave granted by the board and

SB2918 Engrossed - 3 - LRB103 36395 RPS 66497 b