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| Public Act 094-0539 |
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AN ACT in relation to public employee benefits.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Sections
16-149, 16-149.1, and 16-149.2 and adding Section | ||||
16-149.6 as follows:
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(40 ILCS 5/16-149) (from Ch. 108 1/2, par. 16-149)
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Sec. 16-149. Disability benefit.
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(a) A disability benefit is payable to a member who was in | ||||
active
service on or after June 30, 1977 and has at least 3 | ||||
years of creditable
service. Part-time and substitute teachers | ||||
who are in active service on or
after July 1, 1990 must have | ||||
worked as a teacher for at least 340 hours in
either the school | ||||
year in which the disability occurs or in the preceding
school | ||||
year.
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The benefit is payable upon application of a member who is | ||||
not
receiving a benefit under either Section 16-133, Section | ||||
16-149.1
or Section 16-149.2. The benefit shall be granted only | ||||
if the member is
found by medical examination to be | ||||
incapacitated to perform the duties of
his or her position as a | ||||
teacher and only if the commencement of the
incapacity occurred | ||||
while the member was employed as a teacher or within
90 days of | ||||
such employment.
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A member shall be considered disabled only when the System | ||||
has received
(1) a written certificate by at least 2 licensed | ||||
and practicing physicians
designated by the System, certifying | ||||
that the member is disabled and unable
to properly perform the | ||||
duties of his or her position at the time of
disability, except | ||||
in the case of disability due to pregnancy where a
written | ||||
certificate from only one licensed and practicing physician is
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required; (2) a written statement from the employer certifying | ||||
that the member
is not eligible to receive a salary; and (3) a | ||||
certification from the member
that he or she is not and has not | ||
been engaged in gainful employment
during the period of | ||
disability.
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The benefit shall begin to accrue on the 31st day of | ||
absence from service
on account of disability, except that when | ||
an application is made more than
90 days subsequent to the | ||
later of the commencement of disability or the
date eligibility | ||
for salary ceases, it shall begin to accrue from the date
of | ||
application, and shall be payable during the time the member | ||
does not
receive a retirement annuity. The benefit is not | ||
payable to a member who
is receiving or has a right to receive | ||
any salary as a teacher, or is employed
in any capacity as a | ||
teacher by the employers included under this System or in
an | ||
equivalent capacity in any other public or private school, | ||
college or
university, except as provided in Section 16-149.6.
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Service credits under the State Employees' Retirement | ||
System of
Illinois, the State Universities Retirement System | ||
and the Illinois
Municipal Retirement Fund shall be considered | ||
in determining the member's
eligibility for a disability | ||
benefit and the total period during which the
disability | ||
benefit is payable.
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(b) The disability benefit shall be 40% of the greater of | ||
the
member's most recent annual contract salary rate at the | ||
time the disability
benefit becomes payable or the member's | ||
annual contract rate on the date the
disability commenced. | ||
Prior to July 1, 1990, if the most recent period of
service of | ||
any member was rendered on a less than full-time but not less
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than half-time basis, the amount of the disability benefit | ||
payable to such
member shall be computed on the basis of the | ||
salary received by such member
for the member's last year of | ||
service on a full-time basis if such salary
was greater than | ||
the member's most recent salary. For part-time and
substitute | ||
members after June 30, 1990, the disability benefit shall be | ||
40% of
the greater of the member's most recent annualized | ||
salary rate at the time the
disability benefit becomes payable | ||
or the annualized salary rate or contract
salary rate at the | ||
time the disability commenced.
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In addition to the above benefit, the member shall receive | ||
creditable
service and credit for contributions that the member | ||
would have made in
active employment during any period of | ||
disability for which benefits
are paid by the System on the | ||
basis of the annual salary rate used in
computing the benefit, | ||
except as provided in Section 16-149.6.
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(c) Effective January 1, 1988, the disability benefit shall | ||
continue
until the time one of the following events first | ||
occurs: (1) disability
ceases; (2) the member requests | ||
termination of the benefit; (3) the
aggregate period for which | ||
disability payments made during the member's
entire period of | ||
service equals 1/4 of the total period of creditable
service, | ||
not including the time he or she has received the disability
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payments; or (4) the member is engaged or found to be able to | ||
engage in
gainful employment, other than limited employment | ||
under Section 16-149.6.
If the disability benefit is | ||
discontinued under item (4) but the member is
subsequently | ||
found to be unable to be gainfully employed due to the | ||
disability
which was the cause for his or her most recent | ||
incapacity to perform the duties
of a teacher, the disability | ||
benefit will be resumed, upon notification of the
System, as | ||
soon as the member is not eligible to receive salary.
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A disabled member who receives disability benefits for the | ||
maximum period
specified above or who requests that the | ||
disability benefits be terminated
may be retired on a | ||
disability retirement annuity.
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(d) The board shall prescribe rules governing the filing, | ||
investigation,
control, and supervision of disability claims. | ||
The rules shall include
specific standards to be used when | ||
requesting additional medical
examinations, hospital records | ||
or other data necessary for determining the
employment capacity | ||
and condition of the member. Costs incurred by a
claimant in | ||
connection with completing a claim for disability benefits
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shall be paid by the claimant.
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(Source: P.A. 86-272; 86-273; 86-1028; 87-794; 87-1265.)
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(40 ILCS 5/16-149.1) (from Ch. 108 1/2, par. 16-149.1)
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Sec. 16-149.1. Occupational disability benefit.
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(a) A member who becomes totally and immediately | ||
incapacitated for duty
as the proximate result of bodily | ||
injuries sustained or a hazard undergone
while in the | ||
performance and within the scope of his or her duties, if such
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injuries or hazard were not the consequence of the member's | ||
willful
negligence, shall receive an occupational disability | ||
benefit upon making
proper application. If application is made | ||
more than 90 days subsequent to
the later of the commencement | ||
of disability or the date eligibility
for salary ceases, | ||
benefits shall begin to accrue from the date of
application, | ||
but service credit and credit for contributions will be earned
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from the date of disability. The benefit is not payable to, and | ||
credit for
service and contributions may not be earned under | ||
this Section by, a member
who is receiving a benefit under | ||
Section 16-133, 16-149, or 16-149.2, or
who is receiving salary | ||
as a teacher, or is employed in any capacity as a
teacher by | ||
the employers included under this System or in an equivalent
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capacity in any other public or private school, college or | ||
university,
except as provided in Section 16-149.6.
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Proper proof of disability shall consist of: (1) a written | ||
certificate by
at least 2 licensed and practicing physicians | ||
designated by the System,
certifying that member is disabled | ||
and unable to perform assigned duties;
(2) a written statement | ||
from the employer certifying that the member is
disabled and | ||
not receiving a salary, and related information as to the cause
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and commencement of disability; and (3) a written statement | ||
from the member
certifying that the member is not and has not | ||
been engaged in gainful
employment.
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Occupational disability benefits under this Section shall | ||
be payable
only if (1) on the basis of a claim filed by the | ||
applicant with the
Illinois Workers' Compensation
Commission, | ||
it is determined by the Commission
that the disability was | ||
incurred while in the performance and within the
scope of | ||
assigned duties, under the terms of the Illinois Workers'
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Compensation or Occupational Diseases Act, whichever applies, | ||
and the
claim is adjudicated as compensable by the Commission | ||
under either of
the aforesaid Acts; or (2) on the basis of a | ||
claim filed by the
applicant with an insurance carrier with | ||
which the employer of the
applicant has a workers' compensation | ||
insurance policy, it is
determined under the terms of the | ||
aforesaid policy that the disability
was incurred while in the | ||
performance and within the scope of the member's
assigned | ||
duties and the claim is approved as compensable.
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(b) The occupational disability benefit shall be the | ||
greater of 60%
of the member's contract salary rate at the time | ||
the disability benefit
becomes payable or the member's annual | ||
contract rate on the date the
disability commenced, and shall | ||
be payable monthly in equal installments.
For part-time and | ||
substitute teachers after June 30, 1990, the benefit
shall be | ||
the greater of the member's most recent annualized salary rate | ||
at the
time the disability benefit becomes payable or the | ||
annualized salary rate or
annual contract rate at the time the | ||
disability commenced.
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Any amounts provided for a member or a member's dependents | ||
under the
Illinois Workers' Compensation Act, the Illinois | ||
Occupational Diseases Act
or a workers' compensation insurance | ||
policy provided by the employer shall
be applied as an offset | ||
to any occupational benefit provided under this
Section in such | ||
manner as may be prescribed by the board.
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In addition to the above benefit, the member shall receive | ||
creditable
service and credit for contributions that the member | ||
would have made in
active employment during the period of | ||
disability,
except as provided in Section 16-149.6. Creditable | ||
service and
credit for contributions shall be calculated on the | ||
basis of the annual
salary rate used in computing the benefit; | ||
however, such credit shall not
be used in the determination of | ||
the period for which disability benefits
are payable. A member | ||
who remains disabled after the termination of benefits
due to | ||
age or the expiration of the maximum period for which benefits | ||
are
payable shall be entitled to the retirement annuity | ||
provided under Section
16-133, notwithstanding that the member | ||
may not have the required minimum
period of creditable service | ||
prescribed for such annuity.
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(c) Effective January 1, 1988, the occupational disability | ||
benefit shall
continue until the time one of the following | ||
first occurs: (1) disability
ceases; (2) the member requests | ||
termination of the benefit; or (3) the
member is engaged or | ||
found to be able to engage in gainful employment,
other than | ||
limited employment under Section 16-149.6. If
the disability | ||
benefit is discontinued under item (3) but the member is
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subsequently found to be unable to be gainfully employed due to | ||
the
disability which was the cause for his or her most recent | ||
incapacity to
perform the duties of a teacher, the disability | ||
benefit will be resumed,
upon notification of the System, as | ||
soon as the member is not eligible to
receive salary.
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(d) The board shall prescribe rules governing the filing,
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investigation, control, and supervision of disability claims. | ||
Costs
incurred by a claimant in connection with completing a | ||
claim for disability
benefits shall be paid by the claimant.
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(Source: P.A. 93-721, eff. 1-1-05.)
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(40 ILCS 5/16-149.2) (from Ch. 108 1/2, par. 16-149.2)
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Sec. 16-149.2. Disability retirement annuity.
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(a) A member whose disability benefit has been terminated | ||
under the
provisions of Section 16-149 may be retired on a | ||
disability retirement
annuity payable effective the day | ||
following such termination provided the
member remains | ||
disabled under the standard of disability provided in Section
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16-149.
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The disability retirement annuity shall be payable upon | ||
receipt of written
certificates from at least 2 licensed | ||
physicians designated
by the System verifying the continuation | ||
of the disability condition.
A disability retirement annuity | ||
shall not be paid during any period for
which the member | ||
receives benefits under Section 16-133, Section 16-149,
or | ||
Section 16-149.1 or has a right to receive a salary as a | ||
teacher, or
is employed in any capacity as a teacher by the | ||
employers included under
this System or in an equivalent | ||
capacity in any other public or private school,
college or | ||
university, except as provided in Section 16-149.6.
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(b) The disability retirement annuity shall be equal to the | ||
larger of:
(1) 35% of the most recent annual contract salary | ||
rate or for part-time
and substitute members after June 30, | ||
1990, the most recent annualized
salary rate; or (2) if | ||
disability commences prior to the member's
attainment of age | ||
55, the amount computed in accordance with Section
16-133, | ||
provided the amount computed under paragraph (B) of Section | ||
16-133
shall be reduced by 1/2 of 1% for each month that the | ||
member is less than
age 55; or (3) if disability commences | ||
after the member's attainment of age
55, and the member is not | ||
receiving a retirement annuity under Section
16-133, the amount | ||
computed in accordance with Section 16-133.
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Prior to July 1, 1990, if the most recent period of service | ||
of any
member eligible to receive a disability retirement | ||
annuity was rendered on
a less than full-time but not less than | ||
half-time basis, the amount of the
disability retirement | ||
annuity payable shall be computed on the basis of the
salary | ||
received by such member for the member's last year of service | ||
on a
full-time basis if such salary was greater than the | ||
member's most recent
salary.
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(c) If an annuitant receiving a disability retirement | ||
annuity under this
Section is engaged in or able to engage in | ||
gainful employment (including
limited employment under Section | ||
16-149.6) paying more
than the difference between the | ||
disability retirement annuity and the salary
rate upon which | ||
the disability benefit is based, with no salary to be
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considered less than the minimum prescribed in Section 24-8 of | ||
the School
Code, the disability retirement annuity shall be | ||
reduced to
an amount which together with the amount earned by | ||
the annuitant, equals
the salary rate upon which the disability | ||
benefit is based. However, for
the purposes of this subsection | ||
(c) only, the salary rate upon which the
benefit is based shall | ||
be deemed to increase by 15% on the tenth
anniversary of the | ||
commencement of the annuity.
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Once each year during the first 5 years following | ||
retirement on a disability
retirement annuity, and once in | ||
every 3-year period thereafter, the System
may require an | ||
annuitant to undergo a medical examination, by a physician
or | ||
physicians designated by the System. If the annuitant refuses | ||
to submit
to such medical examination, the annuity shall be | ||
discontinued until such
time as the annuitant consents to the | ||
examination, and if refusal continues
for one year, all the | ||
rights to the annuity shall be revoked.
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(d) If an annuitant in receipt of a disability retirement | ||
annuity returns
to active service as a teacher (other than | ||
limited employment under Section
16-149.6) or is no longer | ||
disabled, such annuity shall
cease and the annuitant shall | ||
again become a member of the Retirement System
and, if in | ||
active service as a teacher, shall make regular contributions. | ||
All service
for which the annuitant had credit on the date of | ||
disability shall be properly
reestablished.
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An annuitant in receipt of a disability retirement annuity | ||
who returns
to active service as a teacher and who again | ||
becomes disabled shall not
be entitled to a recomputation of | ||
the disability retirement annuity based
on amendments enacted | ||
while the annuitant was in receipt of the annuity
unless at | ||
least one year of creditable service is rendered after the | ||
latest
re-entry into service.
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(e) An annuitant in receipt of a disability retirement | ||
annuity may,
upon reaching retirement age as specified in | ||
Section 16-132, apply for a
retirement annuity which is to be | ||
calculated as specified in Section
16-133. The disability | ||
retirement annuity shall be discontinued upon
commencement of | ||
the retirement annuity.
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(f) The board shall prescribe rules governing the filing, | ||
investigation,
control, and supervision of disability | ||
retirement claims. The rules
shall include specific standards | ||
to be used when requesting additional
medical examinations, | ||
hospital records or other data necessary for
determining the | ||
employment capacity and condition of the annuitant. Costs
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incurred by a claimant in connection with completing a claim | ||
for disability
benefits shall be paid by the claimant.
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The changes to this Section made by this amendatory Act of | ||
1991
shall apply not only to persons who on or after its | ||
effective date are in
service as a teacher under the System, | ||
but also to persons whose status as
a teacher terminated prior | ||
to that date, whether or not the person is an
annuitant on that | ||
date.
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(Source: P.A. 93-469, eff. 8-8-03.)
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(40 ILCS 5/16-149.6 new)
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Sec. 16-149.6. Limited employment during disability.
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(a) A teacher who (i) has been receiving a disability, | ||
occupational
disability, or disability retirement benefit | ||
under Section 16-149, 16-149.1,
or 16-149.2 for at least one | ||
year and (ii) remains unable to resume regular
full-time | ||
teaching due to disability, but is able to engage in limited or
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part-time employment as a teacher, may engage in such limited | ||
or part-time
employment as a teacher without loss of the | ||
disability, occupational
disability, or disability retirement | ||
benefit, provided that the teacher's
earnings for that limited | ||
or part-time employment, when added to the amount
of the | ||
benefit, do not exceed 100% of the salary rate upon which the | ||
benefit
is based.
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(b) A disabled teacher who engages in limited or part-time | ||
teaching under
this Section and earns service and contribution | ||
credits for that teaching shall
not receive duplicate service | ||
or contribution credits under Section 16-149 or
16-149.1.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||