40 ILCS 5/22-308
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 22 - Miscellaneous Collateral Provisions

 (from Ch. 108 1/2, par. 22-308)Sec. 22-308.     Action by city or village against third party.     Where the death of a policeman or fireman for which an award or  allowance of money is payable by any city or village under any ordinance  enacted pursuant to the provisions of this Division, was not proximately  caused by the negligence of such city or village, and was caused under  circumstances creating a legal liability for damages on the part of some  person other than such city or village, then legal proceedings may be taken  against such other person to recover damages notwithstanding such award or  allowance by such city or village. If the action against such other person  is brought by the personal representative of such deceased policeman or  fireman, and judgment is obtained and paid, or settlement is made with such  other person, either with or without suit, then the amount received by such  representative shall be deducted from such award or allowance. Such city or  village may have or claim a lien upon any judgment or fund out of which  such representative might be compensated from such third party, for any  moneys paid out of such award or allowance previous to such judgment or  settlement.Where action is brought by the representative of a deceased policeman or  fireman, the personal representative shall forthwith notify such city or  village by personal service or registered mail, of such fact and of the  name of the court in which such suit is brought, filing proof of such  notice in such action. Such city or village may, at any time thereafter,  join in said action upon its own motion, and proper orders of court after  hearing and judgment shall be made for the protection of such city or  village. No release or settlement of claim for damages by reason of such  death, and no satisfaction of judgment in such proceedings, shall be valid  without the written consent of such city or village or of any board of  trustees authorized by ordinance to administer the fund herein created,  excepting that such consent shall not be required where such city or  village has been fully indemnified or protected by Court order.Where the personal representative of such deceased policeman or fireman  fails to institute a proceedings against such third person at any time  prior to 3 months before said action would be barred at law, such city or  village may in its own name, or in the name of the personal representative,  commence a proceeding against such other person for the recovery of damages  on account of such death. From any amount so recovered such city or village  shall pay to the personal representative of such deceased policeman or  fireman all sums collected from such other person by judgment or otherwise  in excess of the amount of any award or allowance of money paid or to be  paid under this Division, and such costs, attorney's fees and reasonable  expenses as may be incurred by such city or village in making such  collection or in enforcing such liability. No payment shall be made by such  city or village on account of any award or allowance of money made under  the provisions of any ordinance enacted pursuant to this Division, during  the pendency, for trial or on appeal, of such suit for damages unless such  city or village is fully protected in such suit by Court order.    (Source: Laws 1963, p. 161.)