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Bill

HB 2479

Relating to attorneys.

2025 Regular Session

Creates a disability presumption for Chicago police applying for benefits when denied reinstatement, and lets prevailing officers recover costs from the Pension Fund.

In committee upon adjournment.
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Bill Summary · HB 2479

HB 2479 — Chicago Police Pension: disability presumption & administrative-review costs (2025)

Summary
This bill amends the Chicago Police Article of the Illinois Pension Code to (1) create a statutory presumption of disability for certain police officers who apply for disability benefits and are denied reinstatement by their employer because of physical or mental incapacity, and (2) require the Chicago Police pension fund to pay court costs and litigation expenses (including reasonable attorney’s fees) to officers who prevail in administrative-review challenges to denials or terminations of disability benefits. The bill also adds an exemption to the State Mandates Act (no state reimbursement for costs created by the bill). The act takes effect upon becoming law.

Key provisions
- New presumption of disability (adds 40 ILCS 5/5-156.5)
- A policeman who applies for disability benefits and whose employer has denied reinstatement because of a physical or mental incapacity is presumed disabled under the Chicago Police Article.
- A policeman who otherwise meets disability-benefit requirements cannot be denied benefits unless and until the employer either reinstates the officer or offers a limited‑duty position.
- Any policeman denied a disability benefit without an offer of reinstatement or limited duty after the bill’s effective date is entitled to disability benefits (i.e., relief applies prospectively from the bill’s effective date).

  • Administrative-review costs and fees (amends 40 ILCS 5/5-228)

    • If an officer’s application for duty, ordinary, or occupational disability benefits is denied by a majority vote of the Retirement Board — or those benefits are later terminated by majority vote — and the officer challenges that action via administrative review and prevails, the officer may recover court costs and litigation expenses, including reasonable attorney’s fees, from the Fund.

  • State Mandates Act (adds 30 ILCS 805/8.49)

    • Implementation of the bill is declared an “exempt mandate”: the State will not reimburse state or local entities for costs arising from this legislation.

Who is affected
- Primary: members of the Chicago Police Pension Fund (police officers covered by the Chicago Police Article) applying for duty, ordinary, or occupational disability benefits.
- Secondary: the Chicago Police Pension Fund (potential for increased benefit awards and obligation to pay litigation costs/attorney fees) and the City of Chicago/employer (incentive to offer reinstatement or limited duty to avoid presumption).
- Courts/administrative tribunals handling administrative-review cases.

Potential impacts
- Likely increases in disability benefit approvals where employers decline reinstatement and do not offer limited duty, due to the rebuttable presumption created.
- Increased exposure of the Pension Fund to litigation costs and attorney’s fees when officers prevail in administrative-review actions.
- Costs tied to the Fund/local entities are not eligible for state reimbursement (per the State Mandates Act amendment).

Procedural status (as provided)
- Introduced in the Illinois House by Rep. Stephanie A. Kifowit (HB2479, 104th General Assembly), Feb. 4, 2025.
- Companion bill: SB 924.
- Reported Do Pass by Appropriations‑Pensions & Personnel (3/12/2025).
- Re‑referred to Rules Committee (Rule 19(a)) (4/11/2025).
- Effective date: upon becoming law.

For reference
- Adds: 40 ILCS 5/5-156.5 (new)
- Amends: 40 ILCS 5/5-228
- Adds: 30 ILCS 805/8.49 (State Mandates Act exemption)

Compiled from official sources — confirm details with the bill’s official record.

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