HB5264 EngrossedLRB103 38085 RPS 68217 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by 
5changing 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 
9all amendments and modifications thereof and the rules adopted 
10pursuant thereto, shall apply to and govern all proceedings 
11for the judicial review of final administrative decisions of 
12the retirement board provided for under this Article. The term 
13"administrative decision" is as defined in Section 3-101 of 
14the Code of Civil Procedure.
15    (b) If any policeman whose application for either a duty 
16disability benefit under Section 5-154, or for an occupational 
17disease disability benefit under Section 5-154.1, or for an 
18ordinary disability benefit under Section 5-155 has been 
19denied by a majority vote of the Retirement Board brings an 
20action for administrative review challenging the denial of 
21disability benefits and the policeman prevails in the action 
22in administrative review, then the prevailing policeman shall 
23be entitled to recover from the Fund court costs and 
 
 
HB5264 Engrossed- 2 -LRB103 38085 RPS 68217 b

1litigation expenses, including reasonable attorney's fees, as 
2part of the costs of the action. 
3    (c) If a policeman whose duty disability benefits, 
4ordinary disability benefits, or occupational disability 
5benefits are terminated by a majority vote of the Retirement 
6Board brings an action for administrative review challenging 
7the termination of those disability benefits and prevails in 
8the action in administrative review, then the prevailing 
9policeman shall be entitled to recover from the Fund court 
10costs and litigation expenses, including reasonable attorney's 
11fees, 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 
14Section 8.48 as follows:
 
15    (30 ILCS 805/8.48 new)
16    Sec. 8.48. Exempt mandate. Notwithstanding Sections 6 and 
178 of this Act, no reimbursement by the State is required for 
18the implementation of any mandate created by this amendatory 
19Act of the 103rd General Assembly.
 
20    Section 99. Effective date. This Act takes effect upon 
21becoming law.