ILLINOIS MUNICIPAL LEAGUE 2007 ANNUAL MUNICIPAL ATTORNEYS SEMINAR

ILLINOIS MUNICIPAL LEAGUE 2007 ANNUAL MUNICIPAL ATTORNEYS SEMINAR BLOOMINGTON, IL MARCH 23, 2007 Mathias W. Delort Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd. 20 North Clark Street Suite 900 Chicago, IL 60602 P. 312. 332. 7760 F. 312. 332. 7768 G. www. rsnlt. com ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Qualifying For An On-Duty Disability Pension n n 65% of salary, tax free Police: PC § 3 -114. 1 Disability Pension – Line of Duty. If a police officer as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty, is found to be physically or mentally disabled for service in the police department, so as to render necessary his or her suspension or retirement from the police service, the police officer shall be entitled to a disability retirement pension … ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Qualifying For An On-Duty Disability Pension n Fire: PC § 4 -110 Disability Pension – Line of Duty. If a firefighter, as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty or from the cumulative effects of acts of duty, is found pursuant to Section 4 -112, to be physically or mentally permanently disabled for service in the fire department, so as to render necessary his or her being placed on disability pension, the firefighter shall be entitled to a disability pension … ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Determining If An Officer / Firefighter Is Disabled n Police: PC § 3 -115 Certificate of disability. A disability pension shall not be paid unless there is filed with the board certificates of the police officer’s disability, subscribed and sworn to by the police officer if not under legal disability, or by a representative if the officer is under legal disability, and by the police surgeon (if there is one) and 3 practicing physicians selected by the board. The board may require other evidence of disability. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Determining If An Officer / Firefighter Is Disabled n Fire: PC § 4 -112 Determination of disability – Restoration to active service. A disability pension shall not be paid until disability has been established by the board by examination of the firefighter at pension fund expense by 3 physicians selected by the board and such other evidence as the board deems necessary. Medical examination of a firefighter receiving a disability pension shall be made at least once each year prior to attainment of age 50 in order to verify continuance of disability. No examination shall be required after age 50 … ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Three Physician Requirement n Marconi v. Chicago Heights Police Pension Board, No. 101418, 2006 Ill. Lexis 1648 (Oct. 19, 2006). Court vacated earlier ruling that board selection of physicians violated officer’s right to due process. n Court applied standard administrative review test of “against the manifest weight of the evidence. ” n Board decision to find officer not disabled upheld despite contradictory medical evidence. n ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Three Physician Requirement n Wade v. City of North Chicago Police Pension Board, 359 Ill. App. 3 d 224 (2005). One doctor, Dr. Milgram, not disabled. n Board found officer not disabled. n Appellate Court found escorting prisoner = on-duty n Appellate Court found three physician requirement prevented fraud. n Supreme Court granted PLA after Marconi was decided 11/29/2006. n ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Public Safety Employee Benefit Act (PSEBA) n n 820 ILCS 320/10 Who qualifies: n An employer who employs a full-time law enforcement, correctional or correctional probation officer, or firefighter, who, on or after the effective date of this Act suffers a catastrophic injury or is killed in the line of duty shall pay. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Public Safety Employee Benefit Act (PSEBA) n What they receive: n The entire premium of the employer’s health insurance plan for the injured employee, the injured employee’s spouses, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support or the child is a full-time or parttime student and is dependent for support. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

PSEBA n n “Catastrophic Injury” = Pension on-duty disability Krohe v. Bloomington Police Pension Board, 204 Ill. 2 d 392 (2003). Thus, contrary to the City’s position, Senator Donahue’s announcement that a “catastrophic injury” firefighter is a synonymous with a “firefighter who, due to injuries, has been forced to take a line of duty disability” is not an isolated “eleventh hour” statement. Rather, as the foregoing account demonstrates, both of the Bill’s sponsors were concerned from the outset with line -of-duty disabilities, explicitly informing their colleagues of the Bill’s focus immediately prior to every vote. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

PSEBA In light of the unambiguous legislative history, and in light of section 10(a)’s facial ambiguity, we will defer to the legislature’s judgment. Accordingly, like the appellate and circuit courts below, we construe the phrase “catastrophic injury” as synonymous with an injury resulting in a line-of-duty disability under section 4 -110 of the [Pension] code. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

PSEBA n n Krohe did not address additional qualifications. PSEBA requires …injury or death must have occurred as the result of the officer’s n n response to fresh pursuit, the officer or firefighter’s response to what is reasonably believed to be an emergency, an unlawful act perpetrated by another, or during the investigation of a criminal act. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

PSEBA – Senate Bill 447 Sen. Iris Y. Martinez (D) 20 th District “If not otherwise a party to a hearing involving an officer or member of the police/fire department, the employer municipality shall be permitted to appear as a matter of right. ” ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

PSEBA - Proposed IML Legislation – S. B. 1475 To Redefine “Catastrophic Injury” Sen. Kimberly A. Lightford (D) 4 th District As used in this Act, “catastrophic injury” means a grievous or serious injury or impairment of a nature that is sufficient to permanently preclude the injured employee from performing any gainful work. The employer may, at its expense, require an employee seeking benefits under this Act to submit to examination by up to 3 licensed physicians. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

PSEBA - Proposed IML Legislation – S. B. 1475 To Redefine “Catastrophic Injury” The determination of whether an employee has suffered a catastrophic injury shall be made by the employer’s corporate authorities or such person or persons as may be designated by ordinance adopted by the corporate authorities, whose determination shall be final and subject to judicial review under the Administrative Review Law. The employer shall be deemed a necessary party to any case brought under the Administrative Review Law. ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Intervention Into Disability Cases n n Usually for on-duty cases By host municipality Health insurance cost n Levy cost over years of payments n Assure consistency with pending workers’ compensation or disciplinary cases n Notified by pension board n n By special prosecutor appointed by pension board ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Intervention into Disability Cases n Village of Stickney v. Board of Trustees, 807 N. E. 2 d 1078 (1 st Dist. 2004). Village denied right to intervene and examine witnesses n Court held denial within discretion of board. n The Village of Stickney’s right to seek administrative review in this case is not seriously challenged. Nor do we see it as an issue on appeal. n ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Intervention into Disability Cases n However, we agree with the trial court that the Board has the power to exercise its discretion in deciding whether to allow a party to intervene. While there is no specific section granting that hearings and to allow or disallow full or partial participation in those hearings. n We therefore conclude the Board was not statutorily prohibited from allowing the Village to take part in the hearing. It has the discretion to allow participation, in whole or in part. Of course, discretion must be exercised with case. It can be abused … ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Materials n Sample Motion to Intervene n IICLE Municipal Law, Vol. III, Chapter 8 – “Police and Firefighter Pension Boards” ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

ANY QUESTIONS? THANK YOU! Mathias W. Delort Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd. 20 North Clark Street Suite 900 Chicago, IL 60602 P. 312. 332. 7760 F. 312. 332. 7768 G. www. rsnlt. com ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

How To Contact US ROBBINS, SCHWARTZ, NICHOLAS LIFTON & TAYLOR, LTD. Chicago Office – (312) 332 -7760 Decatur Office – (217) 428 -2100 Collinsville Office – (618) 343 -3540 Joliet Office – (815) 722 -6560 www. rsnlt. com ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.