Bill Text: IL SB3662 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who assumes regular employment for compensation, while in receipt of disability benefits, shall not be entitled to receive any amount of such disability benefits which, when added to his compensation for such employment during disability, would exceed 125% of the rate of salary which would be paid to him if he were working in his regularly appointed civil service position as a policeman. Provides that the reduction in disability benefits due to compensation for employment shall apply to all persons in receipt of disability benefits on or after the effective date of the amendatory Act. Makes a conforming change. Provides that a policeman who is granted a disability benefit shall supply the fund with a copy of his federal and state tax returns, along with all accompanying schedules, within 30 days after filing those returns and that the refusal to provide those tax returns terminates the right to a disability benefit. Provides that a policeman has an affirmative obligation to inform the fund if he has received a medical opinion that he is no longer disabled. Provides that when the disability ceases, the policeman shall have no further right to receive the benefit and he shall be returned to active service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3662 Detail]

Download: Illinois-2019-SB3662-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3662 Introduced 2/14/2020, by Sen. Steven M. Landek SYNOPSIS AS INTRODUCED:
40 ILCS 5/5-157 from Ch. 108 1/2, par. 5-157
Amends the Chicago Police Article of the Illinois Pension Code. Provides that a policeman who assumes regular employment for compensation, while in receipt of disability benefits, shall not be entitled to receive any amount of such disability benefits which, when added to his compensation for such employment during disability, would exceed 125% of the rate of salary which would be paid to him if he were working in his regularly appointed civil service position as a policeman. Provides that the reduction in disability benefits due to compensation for employment shall apply to all persons in receipt of disability benefits on or after the effective date of the amendatory Act. Makes a conforming change. Provides that a policeman who is granted a disability benefit shall supply the fund with a copy of his federal and state tax returns, along with all accompanying schedules, within 30 days after filing those returns and that the refusal to provide those tax returns terminates the right to a disability benefit. Provides that a policeman has an affirmative obligation to inform the fund if he has received a medical opinion that he is no longer disabled. Provides that when the disability ceases, the policeman shall have no further right to receive the benefit and he shall be returned to active service.
LRB101 18811 RPS 68268 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB3662 LRB101 18811 RPS 68268 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Section 5-157 as follows:
(40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
Sec. 5-157. Administration of disability benefits.
(a) If a policeman who is granted duty or ordinary
disability benefit refuses to submit to examination by a
physician appointed by the board, he shall have no further
right to receive the benefit.
(b) A policeman who has withdrawn from service while
disabled and entered upon annuity prior to the effective date,
and who has thereafter been reinstated as a policeman, shall
have no right to ordinary disability benefit in excess of the
amount previously received unless he serves at least one year
after such reinstatement. This provision shall apply
throughout the duration of any disability incurred by the
policeman within one year after his reinstatement resulting
from any cause other than injury incurred in the performance of
an act of duty.
(c) A Until the effective date of this amendatory Act of
the 92nd General Assembly, a policeman who assumes regular

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employment for compensation, while in receipt of ordinary or
duty disability benefits, shall not be entitled to receive any
amount of such disability benefits which, when added to his
compensation for such employment during disability, would
exceed 125% 150% of the rate of salary which would be paid to
him if he were working in his regularly appointed civil service
position as a policeman. Each policeman who is granted a
disability benefit shall supply the fund with a copy of his
federal and state tax returns, along with all accompanying
schedules, within 30 days after filing those tax returns. A
policeman shall have no further right to receive the disability
benefit if he refuses to provide his filed tax returns. The
reduction of disability benefits due to compensation for
employment made by the changes to this Section by this
amendatory Act of the 101st General Assembly shall apply to all
persons in receipt of disability benefits on or after the
effective date of this amendatory Act of the 101st General
Assembly. The changes made to this Section by Public Act 90-766
are not limited to persons in service on or after the effective
date of that Act.
Beginning on the effective date of this amendatory Act of
the 92nd General Assembly, the reduction of disability benefits
due to compensation for employment previously imposed under
this subsection (c) no longer applies to any person receiving a
disability benefit under this Article, without regard to
whether the person is in service on or after that date. The

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removal of this limitation by this amendatory Act is not
retroactive and does not entitle any person to the restoration
of amounts previously reduced or withheld under this
subsection.
(d) Disability benefit shall not be paid for any part of
time for which a disabled policeman shall receive any part of
his salary.
(e) Except as herein otherwise provided, disability
benefit shall not be paid for any disability based upon or
caused by any mental or physical defect which the policeman had
at the time he entered the police service.
(f) Disability benefit shall not be allowed to any
policeman who re-enters the public service in any capacity
where his salary is payable in whole or in part by taxes levied
upon taxable property in the city in which this Article is in
effect, or out of special revenues of any department of the
city. The disability benefit shall be suspended during the
period he is in the public service for compensation, and shall
be resumed when he withdraws from such service.
(f-5) A policeman has an affirmative obligation to inform
the fund if he has received a medical opinion that he is no
longer disabled, as "disability" is defined in Section 5-115.
When the disability ceases, the policeman shall have no further
right to receive the benefit and he shall be returned to active
service.
(g) Any disability benefit paid in violation of this

SB3662 - 4 - LRB101 18811 RPS 68268 b
Section or of this Article shall be construed to have been paid
in error, and the amounts so paid shall be charged as a debit
in the account of any person to whom the same was paid and
shall be deducted from any moneys thereafter payable to such
person out of this fund, or to the widow, heirs or estate of
such person.
(Source: P.A. 92-52, eff. 7-12-01.)