State of Illinois
91st General Assembly
Legislation

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91_SB0250

 
                                               LRB9101153EGfg

 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 13-302, 13-306, 13-308, 13-309, 13-310,  and  13-311
 3    and to amend the State Mandates Act.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 5.  The  Illinois  Pension  Code  is  amended  by
 7    changing Sections 13-302, 13-306, 13-308, 13-309, 13-310, and
 8    13-311 as follows:

 9        (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
10        Sec. 13-302.  Computation of retirement annuity.
11        (a)  Computation  of  annuity.  An employee who withdraws
12    from service on or after July 1, 1989 and who has met the age
13    and service requirements and other conditions for eligibility
14    set forth in Section 13-301 of this Article  is  entitled  to
15    receive  a  retirement  annuity  for  life  equal  to 2.2% of
16    average final salary for  each  of  the  first  20  years  of
17    service,  and  2.4%  of average final salary for each year of
18    service in excess of 20.  The retirement  annuity  shall  not
19    exceed 80% of average final salary.
20        (b)  Early  retirement  discount.  If an employee retires
21    prior to attainment of age 60 with  less  than  30  years  of
22    service,  the  annuity computed above shall be reduced by 1/2
23    of 1% for each full month between the date the annuity begins
24    and attainment of age 60, or each full  month  by  which  the
25    employee's service is less than 30 years, whichever is less.
26    However,  where  the  employee first enters service after the
27    effective date of this amendatory Act of 1997  and  does  not
28    have  at  least 10 years of service exclusive of credit under
29    Article 20, the annuity computed above shall  be  reduced  by
30    1/2  of  1%  for each full month between the date the annuity
31    begins and attainment of age 60.
 
                            -2-                LRB9101153EGfg
 1        (c)  Early retirement without discount.  An employee  who
 2    has  attained  age 50 and retires after December 31, 1987 and
 3    before June 30, 1997, and who retires within 6 months of  the
 4    last  day  for  which retirement contributions were required,
 5    may elect at the time  of  application  to  make  a  one-time
 6    employee contribution to the Fund and thereby avoid the early
 7    retirement   reduction  specified  in  subsection  (b).   The
 8    exercise of the election shall also obligate the employer  to
 9    make a one-time nonrefundable contribution to the Fund.
10        The one-time employee and employer contributions shall be
11    a percentage of the retiring employee's last full-time annual
12    salary,  calculated  as the total amount paid during the last
13    260 work days immediately prior to the date of withdrawal, or
14    if not full-time then the full time equivalent, and based  on
15    the  employee's  age and service at retirement.  The employee
16    contribution rate shall be 7% multiplied by the lesser of the
17    following 2 numbers: (1) the  number  of  years,  or  portion
18    thereof,  that  the  employee is less than age 60; or (2) the
19    number of years, or  portion  thereof,  that  the  employee's
20    service  is  less  than  30 years.  The employer contribution
21    shall be at the  rate  of  20%  for  each  year,  or  portion
22    thereof, that the participant is less than age 60.
23        Upon   receipt   of  the  application,  the  Board  shall
24    determine   the   corresponding   employee    and    employer
25    contributions.   The  annuity shall not be payable under this
26    subsection until both the required  contributions  have  been
27    received  by  the  Fund.  However, the date the contributions
28    are received shall  not  be  considered  in  determining  the
29    effective date of retirement.
30        The number of employees who may retire under this Section
31    in any year may be limited at the option of the District to a
32    specified  percentage  of those eligible, not lower than 30%,
33    with the right to participate to  be  allocated  among  those
34    applying  on  the  basis  of  seniority in the service of the
 
                            -3-                LRB9101153EGfg
 1    employer.
 2        An   employee   who   has   terminated   employment   and
 3    subsequently re-enters service shall not be entitled to early
 4    retirement without discount under this subsection unless  the
 5    employee  continues  in  service  for  at least 4 years after
 6    re-entry.
 7        (c-1)  Early  retirement  without  discount;   retirement
 8    after June 29, 1997.  An employee who (i) has attained age 55
 9    (age  50  if  the  employee  first entered service before the
10    effective date of this amendatory Act of 1997), (ii)  has  at
11    least  10  years of service exclusive of credit under Article
12    20, (iii) retires after June 29, 1997 and before  January  1,
13    2003,  and  (iv)  retires within 6 months of the last day for
14    which retirement contributions were required,  may  elect  at
15    the   time   of  application  to  make  a  one-time  employee
16    contribution  to  the  Fund  and  thereby  avoid  the   early
17    retirement   reduction  specified  in  subsection  (b).   The
18    exercise of the election shall also obligate the employer  to
19    make a one-time nonrefundable contribution to the Fund.
20        The one-time employee and employer contributions shall be
21    a  percentage  of  the  retiring employee's highest full-time
22    annual salary, calculated  as  the  total  amount  of  salary
23    included in the highest 26 consecutive pay periods as used in
24    the  average  final  salary  calculation,  and  based  on the
25    employee's age and service at retirement.  The employee  rate
26    shall  be  7%  multiplied  by  the  lesser of the following 2
27    numbers: (1) the number of years, or  portion  thereof,  that
28    the employee is less than age 60; or (2) the number of years,
29    or  portion thereof, that the employee's service is less than
30    30 years.  The employer contribution shall be at the rate  of
31    20%  for  each year, or portion thereof, that the participant
32    is less than age 60.
33        Upon  receipt  of  the  application,  the   Board   shall
34    determine    the    corresponding   employee   and   employer
 
                            -4-                LRB9101153EGfg
 1    contributions.  The annuity shall not be payable  under  this
 2    subsection  until  both  the required contributions have been
 3    received by the Fund.  However, the  date  the  contributions
 4    are  received  shall  not  be  considered  in determining the
 5    effective date of retirement.
 6        The number of employees who may retire under this Section
 7    in any year may be limited at the option of the District to a
 8    specified percentage of those eligible, not lower  than  30%,
 9    with  the  right  to  participate to be allocated among those
10    applying on the basis of seniority  in  the  service  of  the
11    employer.
12        An   employee   who   has   terminated   employment   and
13    subsequently re-enters service shall not be entitled to early
14    retirement  without discount under this subsection unless the
15    employee continues in service for  at  least  4  years  after
16    re-entry.
17        (d)  Annual  increase.  Except for employees retiring and
18    receiving a term annuity, an employee who retires on or after
19    July 1, 1985 shall, upon the first payment date following the
20    first anniversary of the date of retirement, have the monthly
21    annuity increased by 3% of the amount of the monthly  annuity
22    fixed  at  the date of retirement.  The monthly annuity shall
23    be increased by an additional 3% on the same date  each  year
24    thereafter.   Beginning January 1, 1993, all annual increases
25    payable under this subsection (or any predecessor  provision,
26    regardless  of the date of retirement) shall be calculated at
27    the rate of 3% of the monthly annuity payable at the time  of
28    the  increase,  including  any  increases  previously granted
29    under this Article.
30        Any employee who (i) retired before July 1, 1985 with  at
31    least  10  years  of  creditable service, (ii) is receiving a
32    retirement annuity under this  Article,  other  than  a  term
33    annuity, and (iii) has not received any annual increase under
34    this  subsection,  shall begin receiving the annual increases
 
                            -5-                LRB9101153EGfg
 1    provided under this subsection  (d)  beginning  on  the  next
 2    annuity  payment  date  following  the effective date of this
 3    amendatory Act of 1997.
 4        (e)  Minimum retirement annuity.   Beginning  January  1,
 5    1993,  the  minimum  monthly retirement annuity shall be $500
 6    for any annuitant having at least 10 years of  service  under
 7    this Article, other than a term annuitant or an annuitant who
 8    began  receiving  the  annuity  before attaining age 60.  Any
 9    such annuitant who is receiving a  monthly  annuity  of  less
10    than  $500  shall  have the annuity increased to $500 on that
11    date.
12        Beginning January 1, 1993, the minimum monthly retirement
13    annuity shall be $250 for any annuitant (other than a term or
14    reciprocal annuitant or an annuitant under subsection (d)  of
15    Section  13-301)  having  less than 10 years of service under
16    this Article, and  for  any  annuitant  (other  than  a  term
17    annuitant)  having  at  least  10 years of service under this
18    Article who began receiving the annuity before attaining  age
19    60.  Any such annuitant who is receiving a monthly annuity of
20    less  than  $250  shall have the annuity increased to $250 on
21    that date.
22        Beginning on the first day of  the  month  following  the
23    month  in  which  this  amendatory  Act  of  the 91st General
24    Assembly takes effect (and  without  regard  to  whether  the
25    annuitant  was  in  service on or after that effective date),
26    the minimum monthly  retirement  annuity  for  any  annuitant
27    having  at least 10 years of service, other than an annuitant
28    whose annuity is subject to  an  early  retirement  discount,
29    shall  be $500 plus $25 for each year of service in excess of
30    10, not to exceed $750 for an annuitant with 20 or more years
31    of service.  In  the  case  of  a  reciprocal  annuity,  this
32    minimum  shall  apply  only  if the annuitant has at least 10
33    years of service under this Article, and the  amount  of  the
34    minimum  annuity  shall  be  reduced  by  the  sum of all the
 
                            -6-                LRB9101153EGfg
 1    reciprocal  annuities  payable  to  the  annuitant  by  other
 2    participating systems under Article 20 of this Code.
 3    (Source: P.A. 90-12, eff. 6-13-97.)

 4        (40 ILCS 5/13-306) (from Ch. 108 1/2, par. 13-306)
 5        Sec. 13-306.  Computation of surviving spouse's annuity.
 6        (a)  Computation of the annuity.  The surviving  spouse's
 7    annuity  shall  be  equal  to  60%  of the retirement annuity
 8    earned and accrued to the credit of  the  deceased  employee,
 9    whether  death  occurs  while in service or after withdrawal,
10    plus 1% for each year of total service of the employee  to  a
11    maximum  of  85%;  provided,  however, that if the employee's
12    death arises out of and  in  the  course  of  the  employee's
13    service  to  the employer and is compensable under either the
14    Illinois  Workers'  Compensation  Act  or  Illinois  Workers'
15    Occupational Diseases Act, the surviving spouse's annuity  is
16    payable  regardless  of  the employee's length of service and
17    shall be not less than 50% of the employee's  salary  at  the
18    date of death.
19        For  any  death  in service the early retirement discount
20    required under Section 13-302(b)  shall  not  be  applied  in
21    computing  the  retirement  annuity  upon  which is based the
22    surviving spouse's annuity.
23        (b)  Reciprocal service.  For any employee  or  annuitant
24    who  retires  on or after July 1, 1985 and whose death occurs
25    after January 1, 1991, having at least 15  years  of  service
26    with the employer under this Article, and who was eligible at
27    the  time  of  death  or elected at the time of retirement to
28    have his or her retirement annuity calculated as provided  in
29    Section  20-131  of  this  Code, the surviving spouse benefit
30    shall be calculated as of the date of the employee's death as
31    indicated in subsection (a) as a percentage of the employee's
32    total benefit as if all service had been with  the  employer.
33    That  benefit shall then be reduced by the amounts payable by
 
                            -7-                LRB9101153EGfg
 1    each of the reciprocal funds as of the date of death so  that
 2    the total surviving spouse benefit at that date will be equal
 3    to  the benefit which would have been payable had all service
 4    been with the employer under this Article.
 5        (c)  Discount for age differential.  The  annuity  for  a
 6    surviving  spouse  shall be discounted by 0.25% for each full
 7    month that the spouse is younger than the employee as of  the
 8    date  of  withdrawal  from  service  or death in service to a
 9    maximum discount of 60% of the surviving  spouse  annuity  as
10    calculated  under  subsections  (a),  (b),  and  (e)  of this
11    Section.  The discount shall be reduced by 10% for each  full
12    year  the  marriage  has  been in continuous effect as of the
13    date of withdrawal or death in service.  There  shall  be  no
14    discount if the marriage has been in continuous effect for 10
15    full  years  or  more  at  the time of withdrawal or death in
16    service.
17        (d)  Annual increase.  On the first day of each  calendar
18    month  in which there occurs an anniversary of the employee's
19    date of retirement  or  date  of  death,  whichever  occurred
20    first,  the  surviving  spouse's  annuity,  other than a term
21    annuity under Section 13-307, shall be increased by an amount
22    equal to 3% of the amount of the annuity.  Beginning  January
23    1,  1993,  all annual increases payable under this subsection
24    (or any predecessor  provision  of  this  Article)  shall  be
25    calculated  at  the rate of 3% of the monthly annuity payable
26    at  the  time  of  the  increase,  including  any   increases
27    previously granted under this Article.
28        Beginning  January  1,  1993, surviving spouse annuitants
29    whose deceased spouse died, retired or withdrew from  service
30    before  August  23,  1989  with  at least 10 years of service
31    under this Article shall be eligible for the annual increases
32    provided under this subsection.
33        (e)  Minimum surviving spouse's annuity.
34        (1)  Beginning  January  1,  1993,  the  minimum  monthly
 
                            -8-                LRB9101153EGfg
 1    surviving spouse's annuity shall be $500  for  any  annuitant
 2    whose  deceased spouse had at least 10 years of service under
 3    this Article, other than a surviving spouse  who  is  a  term
 4    annuitant   or   whose  deceased  spouse  began  receiving  a
 5    retirement annuity under this Article  before  attainment  of
 6    age 60.  Any such surviving spouse annuitant who is receiving
 7    a  monthly  annuity  of less than $500 shall have the annuity
 8    increased to $500 on that date.
 9        Beginning January 1, 1993, the minimum monthly  surviving
10    spouse's  annuity shall be $250 for any annuitant (other than
11    a term or reciprocal annuitant or an annuitant survivor under
12    subsection (d) of Section 13-301) whose deceased  spouse  had
13    less than 10 years of service under this Article, and for any
14    annuitant (other than a term annuitant) whose deceased spouse
15    had at least 10 years of service under this Article and began
16    receiving  a  retirement  annuity  under  this Article before
17    attainment of age 60.  Any such  surviving  spouse  annuitant
18    who  is  receiving  a monthly annuity of less than $250 shall
19    have the annuity increased to $250 on that date.
20        (2)  Beginning on the first day of  the  month  following
21    the  month  in  which this amendatory Act of the 91st General
22    Assembly takes effect (and  without  regard  to  whether  the
23    deceased  spouse  was  in  service on or after that effective
24    date), the minimum monthly surviving spouse's annuity for any
25    annuitant whose deceased spouse had  at  least  10  years  of
26    service shall be the greater of the following:
27             (A)  An amount equal to $500, plus $25 for each year
28        of  the deceased spouse's service in excess of 10, not to
29        exceed $750 for an annuitant whose deceased spouse had 20
30        or more years of service.  This subdivision  (A)  is  not
31        applicable  if  the deceased spouse received a retirement
32        annuity that was subject to an early retirement discount.
33             (B)  An amount equal to (i) 50%  of  the  retirement
34        annuity  earned and accrued to the credit of the deceased
 
                            -9-                LRB9101153EGfg
 1        spouse at the time of death, plus (ii) the amount of  any
 2        annual  increases  applicable  to  the surviving spouse's
 3        annuity  (including  the  amount  of   any   reversionary
 4        annuity)  under  subsection (d) before the effective date
 5        of this amendatory Act of the 91st General Assembly.   In
 6        any  case  in  which a refund of excess contributions for
 7        the surviving spouse annuity has been paid  by  the  Fund
 8        and  the surviving spouse annuity is increased due to the
 9        application of this subdivision (B), the amount  of  that
10        refund  shall  be  recovered  by  the  Fund  as an offset
11        against the amount of the  increase  in  annuity  arising
12        from the application of this subdivision (B).
13        In  the case of a reciprocal annuity, the minimum annuity
14    calculated under this subdivision (e)(2) shall apply only  if
15    the deceased spouse of the annuitant had at least 10 years of
16    service  under  this  Article,  and the amount of the minimum
17    annuity shall be reduced by the sum  of  all  the  reciprocal
18    annuities  payable  to  the  annuitant by other participating
19    systems under Article 20 of this Code.
20        The minimum annuity  calculated  under  this  subdivision
21    (e)(2)  is  in  addition  to  the  amount of any reversionary
22    annuity that may be payable.
23        (3)  Beginning on the first day of  the  month  following
24    the  month  in  which this amendatory Act of the 91st General
25    Assembly takes effect (and  without  regard  to  whether  the
26    deceased  spouse  was  in  service on or after that effective
27    date), any surviving spouse who is receiving a  term  annuity
28    under  Section  13-307  or  any predecessor provision of this
29    Article may have that term annuity recalculated and converted
30    to a minimum surviving spouse annuity under  this  subsection
31    (e).
32        (4)  The  minimum  annuity provided under this subsection
33    (e) shall be subject  to  the  age  discount  provided  under
34    subsection (c) of this Section.
 
                            -10-               LRB9101153EGfg
 1    (Source: P.A. 90-12, eff. 6-13-97.)

 2        (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
 3        Sec. 13-308.  Child's annuity.
 4        (a)  Eligibility.   A  child's  annuity shall be provided
 5    for each unmarried child under the  age  of  18  years  whose
 6    employee  parent  dies  while  in  service, or whose deceased
 7    parent is an annuitant or former employee with  at  least  10
 8    years  of  creditable  service  who  did not take a refund of
 9    employee contributions.
10        For purposes  of  this  Section,  "employee"  includes  a
11    former  employee, and "child" means the issue of an employee,
12    or a child adopted by an  employee  if  the  proceedings  for
13    adoption  were  instituted  at  least  one  year prior to the
14    employee's death.
15        Payments shall cease when a child attains the age  of  18
16    years  or marries, whichever first occurs.  The annuity shall
17    not be payable unless the employee has been  employed  as  an
18    employee  for  at  least  36  months  from  the  date  of the
19    employee's original entry into service (at least 24 months in
20    the case of an employee who first entered service before  the
21    effective  date  of this amendatory Act of 1997) and at least
22    12 months from the date of  the  employee's  latest  re-entry
23    into  service; provided, however, that if death arises out of
24    and  in  the  course  of  service  to  the  employer  and  is
25    compensable under either the Illinois  Workers'  Compensation
26    Act  or  Illinois  Workers'  Occupational  Diseases  Act, the
27    annuity is payable regardless of  the  employee's  length  of
28    service.
29        (b)  Amount.   A  child's  annuity shall be $500 $250 per
30    month for one child and $350 per month  for  each  additional
31    child,  up  to a maximum of $2,500 per month for all children
32    of the employee, as provided in this Section, if a parent  of
33    the child is living.  The child's annuity shall be $1,000 per
 
                            -11-               LRB9101153EGfg
 1    month  for  one  child,  and  $500  $350  per  month for each
 2    additional child, up to a maximum of $2,500 for all  children
 3    of  the  employee,  when  neither parent is alive.  The total
 4    amount payable to all  children  of  the  employee  shall  be
 5    divided  equally  among  those children.  Any child's annuity
 6    which  commenced  prior  to  the  effective  date   of   this
 7    amendatory  Act  of  the  91st General Assembly 1991 shall be
 8    increased upon the first day of the month following the month
 9    in which that the effective date occurs, to  the  amount  set
10    forth herein.
11        (c)  Payment.   A  child's  annuity  shall be paid to the
12    child's parent or other person who shall be providing for the
13    child  without  requiring  formal  letters  of  guardianship,
14    unless another person shall be appointed by a court of law as
15    guardian.
16    (Source: P.A. 90-12, eff. 6-13-97.)

17        (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
18        Sec. 13-309.  Duty disability benefit.
19        (a)  Any employee who becomes disabled, which  disability
20    is  the  result of an injury or illness compensable under the
21    Illinois Workers' Compensation Act or the  Illinois  Workers'
22    Occupational  Diseases  Act, is entitled to a duty disability
23    benefit  during  the  period  of  disability  for  which  the
24    employee does not receive any part of salary, or any part  of
25    a  retirement  annuity under this Article; except that in the
26    case of an employee who first enters service on or after  the
27    effective  date  of  this  amendatory  Act  of  1997,  a duty
28    disability benefit is not payable for the  first  3  days  of
29    disability that would otherwise be payable under this Section
30    if   the  disability  does  not  continue  for  at  least  11
31    additional days.  This benefit shall be 75% of salary at  the
32    date   disability  begins.   However,  if  (i)  the  disabled
33    employee first became an employee on or after  the  effective
 
                            -12-               LRB9101153EGfg
 1    date  of  this amendatory Act of the 91st General Assembly or
 2    (ii) the disability in any measure resulted from any physical
 3    defect or disease which existed at the time such  injury  was
 4    sustained  or  such  illness  commenced,  the duty disability
 5    benefit shall be 50% of salary.
 6        Unless the employer acknowledges that the disability is a
 7    result of injury or illness compensable  under  the  Workers'
 8    Compensation  Act  or the Workers' Occupational Diseases Act,
 9    the duty disability benefit shall not be  payable  until  the
10    issue   of   compensability   under  those  Acts  is  finally
11    adjudicated.
12        The first payment shall be made not later than one  month
13    after  the  benefit is granted, and subsequent payments shall
14    be made at least monthly. The Board shall by  rule  prescribe
15    for  the  payment of such benefits on the basis of the amount
16    of salary lost during the period of disability.
17        (b)  The benefit shall be allowed only if  the  following
18    requirements are met by the employee:
19             (1)  Application is made to the Board within 90 days
20        from the date disability begins;
21             (2)  A  medical  report is submitted by at least one
22        licensed  and  practicing  physician  as  part   of   the
23        employee's application; and
24             (3)  The  employee  is  examined  by  at  least  one
25        licensed  and practicing physician appointed by the Board
26        and found to be in a  disabled  physical  condition,  and
27        shall  be re-examined at least annually thereafter during
28        the continuance of disability.  The employee need not  be
29        re-examined by a licensed and practicing physician if the
30        attorney  for  the district certifies in writing that the
31        employee is entitled to receive  compensation  under  the
32        Workers'  Compensation  Act  or the Workers' Occupational
33        Diseases Act.
34        (c)  The benefit shall terminate when:
 
                            -13-               LRB9101153EGfg
 1             (1)  The employee returns  to  work  or  receives  a
 2        retirement  annuity  paid  wholly  or  in part under this
 3        Article;
 4             (2)  The disability ceases;
 5             (3)  The  employee  attains  age  65,  but  if   the
 6        employee  becomes  disabled  at age 60 or later, benefits
 7        may be extended for a period of  no  more  than  5  years
 8        after disablement;
 9             (4)  The   employee   (i)   refuses   to  submit  to
10        reasonable examinations by  physicians  or  other  health
11        professionals  appointed  by  the  Board,  (ii)  fails or
12        refuses to consent to and sign an authorization  allowing
13        the  Board  to  receive  copies  of  or  to  examine  the
14        employee's  medical  and hospital records, or (iii) fails
15        or refuses to provide complete information regarding  any
16        other  employment for compensation he or she has received
17        since becoming disabled; or
18             (5)  The employee willfully and continuously refuses
19        to follow accept medical advice and treatment  to  enable
20        the  employee  to return to work.  However this provision
21        does not apply to an employee who relies in good faith on
22        treatment by prayer  through  spiritual  means  alone  in
23        accordance  with  the tenets and practice of a recognized
24        church or religious denomination, by  a  duly  accredited
25        practitioner thereof.
26        In the case of a duty disability recipient who returns to
27    work,  the  employee  must make application to the Retirement
28    Board within 2 years from the date the employee last received
29    duty disability benefits in order to become again entitled to
30    duty disability benefits based on the injury for which a duty
31    disability benefit was theretofore paid.
32    (Source: P.A. 90-12, eff. 6-13-97.)

33        (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
 
                            -14-               LRB9101153EGfg
 1        Sec. 13-310.  Ordinary disability benefit.
 2        (a)  Any employee who becomes disabled as the  result  of
 3    any  cause  other  than  injury  or  illness  incurred in the
 4    performance of duty for the employer or any  other  employer,
 5    or  while  engaged  in  self-employment  activities, shall be
 6    entitled to an ordinary  disability  benefit.   The  eligible
 7    period  for this benefit shall be 25% of the employee's total
 8    actual service  prior  to  the  date  of  disability  with  a
 9    cumulative maximum period of 5 years.
10        (b)  The  benefit  shall  be allowed only if the employee
11    files an application in writing with the Board, and a medical
12    report is submitted by at least one licensed  and  practicing
13    physician as part of the employee's application.
14        The  benefit  is  not  payable  for  any disability which
15    begins during any period of  unpaid  leave  of  absence.   No
16    benefit  shall  be allowed for any period of disability prior
17    to 30 days before application is made, unless the Board finds
18    good cause for the delay  in  filing  the  application.   The
19    benefit  shall  not  be  paid during any period for which the
20    employee receives or is  entitled  to  receive  any  part  of
21    salary.
22        The  benefit  is  not  payable  for  any disability which
23    begins during any period of  absence  from  duty  other  than
24    allowable  vacation  time  in any calendar year.  An employee
25    whose disability begins during any such ineligible period  of
26    absence  from  service  may  not  receive  benefits until the
27    employee recovers from the disability and is in  service  for
28    at least 15 consecutive working days after such recovery.
29        In the case of an employee who first enters service on or
30    after  the  effective date of this amendatory Act of 1997, an
31    ordinary disability benefit is not payable for  the  first  3
32    days of disability that would otherwise be payable under this
33    Section  if  the disability does not continue for at least 11
34    additional days.
 
                            -15-               LRB9101153EGfg
 1        (c)  The benefit shall be 50% of the employee's salary at
 2    the date of disability, and shall terminate when the earliest
 3    of the following occurs:
 4             (1)  The employee returns  to  work  or  receives  a
 5        retirement  annuity  paid  wholly  or  in part under this
 6        Article;
 7             (2)  The disability ceases;
 8             (3)  The employee willfully and continuously refuses
 9        to follow medical advice  and  treatment  to  enable  the
10        employee  to return to work.  However this provision does
11        not apply to an employee who  relies  in  good  faith  on
12        treatment  by  prayer  through  spiritual  means alone in
13        accordance with the tenets and practice of  a  recognized
14        church  or  religious  denomination, by a duly accredited
15        practitioner thereof (Blank);
16             (4)  The  employee  (i)  refuses  to  submit  to   a
17        reasonable   physical   examination  within  30  days  of
18        application by a physician appointed by the  Board,  (ii)
19        or  in  the  case  of  chronic  alcoholism,  the employee
20        refuses to join a rehabilitation program licensed by  the
21        Department of Public Health of the State of Illinois, and
22        certified by the Joint Commission on the Accreditation of
23        Hospitals,  (iii) fails or refuses to consent to and sign
24        an authorization allowing the Board to receive copies  of
25        or   to  examine  the  employee's  medical  and  hospital
26        records, or (iv) fails or  refuses  to  provide  complete
27        information    regarding   any   other   employment   for
28        compensation  he  or  she  has  received  since  becoming
29        disabled; or
30             (5)  The eligible period for this benefit  has  been
31        exhausted.
32        The  first payment of the benefit shall be made not later
33    than  one  month  after  the  same  has  been  granted,   and
34    subsequent  payments  shall  be made at intervals of not more
 
                            -16-               LRB9101153EGfg
 1    than 30 days.
 2    (Source: P.A. 90-12, eff. 6-13-97.)

 3        (40 ILCS 5/13-311) (from Ch. 108 1/2, par. 13-311)
 4        Sec. 13-311.  Credit for Workers' Compensation  payments.
 5    If an employee, or an employee's spouse or children, receives
 6    compensation  under any workers' compensation or occupational
 7    diseases law, the surviving spouse's or  child's  annuity  or
 8    the  disability  benefit  payable under this Article shall be
 9    reduced by the amount of the compensation so received if  the
10    amount   is  less  than  the  annuity  or  benefit.   If  the
11    compensation exceeds the annuity or benefit,  no  payment  of
12    annuity or benefit shall be made until the period of time has
13    elapsed  when  the  annuity  or  benefit payable at the rates
14    provided  in  this  Article  equals  the   amount   of   such
15    compensation.   However, the commutation of compensation to a
16    lump sum basis as provided in the  workers'  compensation  or
17    occupational  diseases  law shall not increase the annuity or
18    benefit provided under this Article; the annuity  or  benefit
19    to  be  paid  hereunder  shall  be  based  on  the  amount of
20    compensation awarded under such laws prior to commutation  of
21    such  compensation.  No interest shall be considered in these
22    calculations.
23    (Source: P.A. 87-794.)

24        Section 90.  The State Mandates Act is amended by  adding
25    Section 8.23 as follows:

26        (30 ILCS 805/8.23 new)
27        Sec.  8.23.  Exempt  mandate.  Notwithstanding Sections 6
28    and 8 of this Act, no reimbursement by the State is  required
29    for  the  implementation  of  any  mandate  created  by  this
30    amendatory Act of the 91st General Assembly.
 
                            -17-               LRB9101153EGfg
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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