FOR IMMEDIATE RELEASE CR TUESDAY, AUGUST 8, 1995 (202) 616-2765 TDD (202) 514-1888 POLICE OFFICERS AND FIREFIGHTERS WITH DISABILITIES IN ILLINOIS TO GET ACCESS TO BENEFIT PLANS DUE TO JUSTICE DEPARTMENT EFFORTS WASHINGTON, D.C. -- An Illinois law that prevented police officers and firefighters who had a disability at the time of their hiring from participating in retirement and disability plans has been dropped as a result of a lawsuit settled today between the Justice Department and the state of Illinois. The suit was the first one filed by the Justice Department under a federal law that became effective in 1992 that protects persons with disabilities from employment discrimination. In the December 1993 suit the Justice Department accused Illinois, the City of Aurora, and the Board of Trustees of the Aurora Police Pension Fund, of denying pension and retirement benefits to qualified police officers and firefighters with disabilities, in violation of the Americans with Disabilities Act. It alleged that the state pension code discriminated against persons with disabilities by requiring all hired police officers and firefighters to undergo a separate physical exam to become a member of a pension fund. As a result of the requirement, employees with disabilities, or those who were perceived to be "more prone to disability", were denied membership despite their ability to perform. The rejected employees could not have received disability benefits even if they were injured in the line of duty. After 18 months of litigation, the state in June repealed the challenged provisions of its pension code and permitted police officers and firefighters with disabilities to join their local pension fund. It also allowed them to obtain membership retroactive to the date they were originally denied entry into the pension fund provided that the retroactive payment was made to the pension fund. Under today's agreement, the state will: advise every municipality and every police and fire pension board of the rights of excluded police officers and firefighters to gain membership in pension funds; distribute copies of the agreement to every municipality and local police and firefighter pension board to be posted in prominent locations and provided to affected individuals; permit formerly excluded employees to gain membership retroactive to the date they started work, provided they pay into the fund, or have paid on their behalf the total amount they would have paid had they been a member since that date. "This change is a major victory for police officers and fire fighters with disabilities who now -- like their fellow officers -- can receive retirement and disability benefits," said Assistant Attorney General for Civil Rights Deval L. Patrick. "This agreement closes a chapter in the state's history of discrimination against employees with disabilities." The Justice Department became aware of the discriminatory practices after receiving a complaint from Kevin Holmes, a 10-year veteran of the Aurora police department. He claimed he had been denied membership in his pension fund because he had diabetes and that he could not get disability benefits if he were shot in the line of duty. The agreement, filed today with Judge Blanche Manning in U.S. District Court in Chicago, must still be approved by the court. # # # 95-437