|  |
Public Act 103-0523
Public Act 0523 103RD GENERAL ASSEMBLY
|
Public Act 103-0523
| | HB2035 Enrolled | LRB103 25367 RPS 51712 b |
|
| AN ACT concerning public employee benefits.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Pension Code is amended by | changing Sections 13-309, 13-310, 13-314, and 13-706 and by | adding Section 13-209.5 as follows:
| (40 ILCS 5/13-209.5 new) | Sec. 13-209.5. Licensed health care professional. | "Licensed health care professional" means any individual who | has obtained a license through the Department of Financial and | Professional Regulation under the Medical Practice Act of 1987 | or under the Physician Assistant Practice Act of 1987 or an | advanced practice registered nurse licensed under the Nurse | Practice Act.
| (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
| Sec. 13-309. Duty disability benefit.
| (a) Any employee who becomes disabled, which disability is | the result of an
injury or illness compensable under the | Illinois Workers' Compensation Act or
the Illinois Workers' | Occupational Diseases Act, is entitled to a duty
disability | benefit during the period of disability for which the employee | does
not receive any part of salary, or any part of a |
| retirement annuity under this
Article; except that in the case | of an employee who first enters service on or
after June 13, | 1997 and becomes disabled before August 18, 2005 (the | effective date of Public Act 94-621), a duty disability
| benefit is not payable for the first 3 days of disability that | would otherwise
be payable under this Section if the | disability does not continue for at least
11 additional days. | The changes made to this Section by Public Act 94-621 are | prospective only and do not entitle an employee to a duty | disability benefit for the first 3 days of any disability that | occurred before that effective date and did not continue for | at least 11 additional days. This benefit shall be 75% of | salary at the date disability
begins. However, if the | disability in any measure resulted from any physical
defect or | disease which existed at the time such injury was sustained or | such
illness commenced, the duty disability benefit shall be | 50% of salary.
| Unless the employer acknowledges that the disability is a | result of
injury or illness compensable under the Workers' | Compensation Act or the
Workers' Occupational Diseases Act, | the duty disability benefit shall
not be payable until the | issue of compensability under those Acts is finally
| adjudicated. The period of disability shall be as determined | by the Illinois
Workers' Compensation Commission or | acknowledged by the employer.
| An employee in service before June 13, 1997 shall also |
| receive a child's disability
benefit during the period of | disability of $10 per month for each
unmarried natural or | adopted child of the employee under
18 years of age.
| The first payment shall be made not later than one month | after the
benefit is granted, and subsequent payments shall be | made at least monthly.
The Board shall by rule prescribe for | the payment of such benefits on the
basis of the amount of | salary lost during the period of disability.
| (b) The benefit shall be allowed only if all of the | following requirements are
met by the employee:
| (1) Application is made to the Board.
| (2) A medical report is submitted by at least one | licensed health care professional and
practicing physician | as part of the employee's application.
| (3) The employee is examined by at least one licensed | health care professional and practicing
physician | appointed by the Board and found to be in a disabled | physical
condition, and shall be re-examined at least | annually thereafter during the
continuance of disability. | The employee need not be examined by a
licensed health | care professional and practicing physician appointed by | the Board if the attorney for the district
certifies in | writing that the employee is entitled to receive | compensation
under the Workers' Compensation Act or the | Workers' Occupational Diseases Act. The Board may require | other evidence of disability.
|
| (c) The benefit shall terminate when:
| (1) The employee returns to work or receives a | retirement annuity paid
wholly or in part under this | Article;
| (2) The disability ceases;
| (3) The employee attains age 65, but if the employee | becomes disabled at
age 60 or later, benefits may be | extended for a period of no
more than 5 years after
| disablement;
| (4) The employee (i) refuses to submit to reasonable | examinations by licensed health care
physicians or other | health professionals appointed by the Board, (ii) fails
or | refuses to consent to and sign an authorization allowing | the Board to
receive copies of or to examine the | employee's medical and hospital records,
or (iii) fails or | refuses to provide complete information regarding any | other
employment for compensation he or she has received | since becoming disabled;
or
| (5) The employee willfully and continuously refuses to | follow medical advice and treatment to enable the employee | to return to
work. However this provision does not apply | to an employee who relies in good
faith on treatment by | prayer through spiritual means alone in accordance with
| the tenets and practice of a recognized church or | religious denomination, by a
duly accredited practitioner | thereof.
|
| In the case of a duty disability recipient who returns to | work, the employee
must make application to the Retirement | Board within 2 years from the date the
employee last received | duty disability benefits in order to become again
entitled to | duty disability benefits based on the injury for which a duty
| disability benefit was theretofore paid.
| (Source: P.A. 95-586, eff. 8-31-07; 96-251, eff. 8-11-09.)
| (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| Sec. 13-310. Ordinary disability benefit.
| (a) Any employee who becomes disabled as the result of
any | cause other than injury or illness incurred in the performance | of duty
for the employer or any other employer, or while | engaged in self-employment
activities, shall be entitled to an | ordinary disability benefit. The
eligible period for this | benefit shall be 25% of the employee's total
actual service | prior to the date of disability with a cumulative maximum
| period of 5 years.
| (b) The benefit shall be allowed only if the employee | files an
application in writing with the Board, and a medical | report is submitted by
at least one licensed health care | professional and practicing physician as part of the | employee's
application.
| The benefit is not payable for any disability which begins | during any
period of unpaid leave of absence. No benefit shall | be allowed for any
period of disability prior to 30 days before |
| application is made, unless
the Board finds good cause for the | delay in filing the application. The
benefit shall not be paid | during any period for which the employee receives
or is | entitled to receive any part of salary.
| The benefit is not payable for any disability which begins | during any
period of absence from duty other than allowable | vacation time in any
calendar year. An employee whose | disability begins during any such
ineligible period of absence | from service may not receive benefits until
the employee | recovers from the disability and is in service for at least 15
| consecutive working days after such recovery.
| In the case of an employee who first enters service on or | after June 13,
1997, an ordinary disability benefit
is not | payable for the first 3 days of disability that would | otherwise be
payable under this Section if the disability does | not continue for at least 11
additional days.
| Beginning on the effective date of this amendatory Act of | the 94th General Assembly, an employee who first entered | service on or after June 13, 1997 is also eligible for ordinary | disability benefits on the 31st day after the last day worked, | provided all sick leave is exhausted.
| (c) The benefit shall be 50% of the employee's salary at | the date of
disability, and shall terminate when the earliest | of the following occurs:
| (1) The employee returns to work or receives a | retirement annuity paid
wholly or in part under this |
| Article;
| (2) The disability ceases;
| (3) The employee willfully and continuously refuses to | follow medical
advice and treatment to enable the employee | to return to
work. However this provision does not apply | to an employee who relies in good
faith on treatment by | prayer through spiritual means alone in accordance with
| the tenets and practice of a recognized church or | religious denomination, by a
duly accredited practitioner | thereof;
| (4) The employee (i) refuses to submit to a reasonable | physical
examination within 30 days of application by a | licensed health care professional physician appointed by | the
Board, (ii) in the case of chronic alcoholism, the | employee refuses
to join a rehabilitation program licensed | by the Department of Public Health of
the State of | Illinois and certified by the Joint Commission on the
| Accreditation of Hospitals, (iii) fails or refuses to | consent to and sign an
authorization allowing the Board to | receive copies of or to examine the
employee's medical and | hospital records, or (iv) fails or refuses to provide
| complete information regarding any other employment for | compensation he or she
has received since becoming | disabled; or
| (5) The eligible period for this benefit has been | exhausted.
|
| The first payment of the benefit shall be made not later | than one month
after the same has been granted, and subsequent | payments shall be made at least monthly.
| (Source: P.A. 102-210, eff. 7-30-21.)
| (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| Sec. 13-314. Alternative provisions for Water Reclamation | District
commissioners.
| (a) Transfer of credits. Any Water Reclamation District | commissioner
elected by vote of the people and who has elected | to participate in this
Fund may transfer to this Fund credits | and creditable service accumulated
under any other pension | fund or retirement system established under
Articles 2 through | 18 of this Code, upon payment to the Fund of (1) the
amount by | which the employer and employee contributions that would have
| been required if he had participated in this Fund during the | period for
which credit is being transferred, plus interest, | exceeds the amounts
actually transferred from such other fund | or system to this Fund, plus (2)
interest thereon at 6% per | year compounded annually from the date of
transfer to the date | of payment.
| (b) Alternative annuity. Any participant commissioner may | elect to
establish alternative credits for an alternative | annuity by electing in
writing to make additional optional | contributions in accordance with this
Section and procedures | established by the Board. Unless and until such
time as the |
| U.S. Internal Revenue Service or the federal courts provide a
| favorable ruling as described in Section 13-502(f), a
| commissioner
may discontinue making the additional optional | contributions by notifying the
Fund in writing in accordance | with this Section and procedures established
by the Board.
| Additional optional contributions for the alternative | annuity shall be
as follows:
| (1) For service after the option is elected, an | additional contribution
of 3% of salary shall be | contributed to the Fund on the same basis and
under the | same conditions as contributions required under Section | 13-502.
| (2) For contributions on past service, the additional | contribution shall
be 3% of the salary for the
applicable | period of service, plus interest at the annual rate from | time to
time as determined by the Board, compounded | annually from the date of service
to the date of payment. | Contributions for service before the option is
elected may | be made in a lump sum payment to the Fund or by | contributing to the
Fund on the same basis and under the | same conditions as contributions required
under Section | 13-502.
All payments for past service must be paid in full | before credit
is given. No additional optional | contributions may be made for any period
of service for | which credit has been previously forfeited by acceptance | of
a refund, unless the refund is repaid in full with |
| interest at the rate
specified in Section 13-603, from the | date of refund to the date of repayment.
| In lieu of the retirement annuity otherwise payable under | this Article,
any commissioner who has elected to participate | in the Fund and make
additional optional contributions in | accordance with this Section,
has attained age 55, and has at | least 6 years of service
credit, may elect to have the | retirement annuity computed as follows: 3% of
the | participant's average final salary as a commissioner for each | of
the first 8 years of service credit, plus 4% of such salary | for each of the
next 4 years of service credit, plus 5% of such | salary for each year of
service credit in excess of 12 years, | subject to a maximum of 80% of such
salary. To the extent such | commissioner has made additional optional
contributions with | respect to only a portion of years of service credit,
the | retirement annuity will first be determined in accordance with | this
Section to the extent such additional optional | contributions were made, and
then in accordance with the | remaining Sections of this Article to the
extent of years of | service credit with respect to which additional optional
| contributions were not made. The change in minimum retirement | age (from
60 to 55) made by Public Act 87-1265 applies to | persons who begin
receiving a retirement annuity under this | Section on or after January 25, 1993 (the effective
date of | Public Act 87-1265), without regard to whether they are in | service
on or after that date.
|
| (c) Disability benefits. In lieu of the disability | benefits otherwise
payable under this Article, any | commissioner who (1) has elected to
participate in the Fund, | and (2) has become permanently disabled and as a
consequence | is unable to perform the duties of office, and (3) was making
| optional contributions in accordance with this Section at the | time the
disability was incurred, may elect to receive a | disability annuity
calculated in accordance with the formula | in subsection (b). For the
purposes of this subsection, such | commissioner shall be
considered permanently disabled only if: | (i) disability occurs while in
service as a commissioner and | is of such a nature as to prevent the
reasonable performance of | the duties of office at the time; and (ii) the
Board has | received a written certification by at least 2 licensed health | care professionals
physicians appointed by it stating that | such commissioner is disabled and
that the disability is | likely to be permanent.
| (d) Alternative survivor's benefits. In lieu of the
| survivor's benefits otherwise payable under this Article, the | spouse or
eligible child of any deceased commissioner who (1) | had elected to
participate in the Fund, and (2) was either | making (or had already made) additional optional
contributions | on the date of death, or was receiving an annuity calculated
| under this Section at the time of death, may elect to receive | an annuity
beginning on the date of the commissioner's death, | provided that the spouse
and commissioner must have been |
| married on the date of the last termination
of a service as | commissioner and for a continuous period of at least one
year | immediately preceding death.
| The annuity shall be payable beginning on the date of the | commissioner's
death if the spouse is then age 50 or over, or | beginning at age 50 if the
age of the spouse is less than 50 | years. If a minor unmarried child or
children of the | commissioner, under age 18 (age 23 in the case of a full-time | student), also survive, and the child or
children are under | the care of the eligible spouse, the annuity shall begin
as of | the date of death of the commissioner without regard to the | spouse's age.
Beginning on the first day of the month | following the month in which this amendatory Act of the 96th | General Assembly takes effect, benefits shall begin on the | first of the month following the commissioner's date of death | if the spouse is then age 50 or over or, if a minor unmarried | child or children of the commissioner, under age 18 (age 23 in | the case of a full time student), also survive, and the child | or children are under the care of the eligible spouse. The | benefit is payable for the full month if the annuitant was | alive on the first day of the month.
| The annuity to a spouse shall be the greater of (i) 66 2/3% | of the amount of retirement
annuity earned by the commissioner | on the date of death, subject to a
minimum payment of 10% of | salary, provided that if an eligible spouse,
regardless of | age, has in his or her care at the date of death of the
|
| commissioner any unmarried child or children of the | commissioner under age
18, the minimum annuity shall be 30% of | the commissioner's salary, plus 10%
of salary on account of | each minor child of the commissioner, subject to a
combined | total payment on account of a spouse and minor children not to
| exceed 50% of the deceased commissioner's salary or (ii) for | the spouse of a commissioner whose death occurs on or after | August 18, 2005 (the effective date of Public Act 94-621), the | surviving spouse annuity shall be computed in the same manner | as described in Section 13-306(a). The number of total service | years used to calculate the commissioner's annuity shall be | the number of service years used to calculate the annuity for | that commissioner's surviving spouse. In the event there shall
| be no spouse of the commissioner surviving, or should a spouse | die while
eligible minor children still survive the | commissioner, each such child
shall be entitled to an annuity | equal to 20% of salary of the commissioner
subject to a | combined total payment on account of all such children not to
| exceed 50% of salary of the commissioner. The salary to be used | in the
calculation of these benefits shall be the same as that | prescribed for
determining a retirement annuity as provided in | subsection (b) of this Section.
| Upon the death of a commissioner occurring after | termination of a service
or while in receipt of a retirement | annuity, the combined total payment to
a spouse and minor | children, or to minor children alone if no eligible
spouse |
| survives, shall be limited to 85% of the amount of retirement
| annuity earned by the commissioner.
| Marriage of a child or attainment of age 18 (age 23 in the | case of a full-time student), whichever first occurs,
shall | render the child ineligible for further consideration in the | payment
of annuity to a spouse or in the increase in the amount | thereof. Upon
attainment of ineligibility of the youngest | minor child of the
commissioner, the annuity shall immediately | revert to the amount payable
upon death of a commissioner | leaving no minor children surviving. If the
spouse is under | age 50 at such time, the annuity as revised shall be
deferred | until such age is attained.
| (e) Refunds. Refunds of additional optional contributions | shall be made
on the same basis and under the same conditions | as provided under Section
13-601. Interest shall be credited | on the same basis and under the same
conditions as for other | contributions.
| Optional contributions shall be accounted for in a | separate Commission's
Optional Contribution Reserve. Optional | contributions under this Section
shall be included in the | amount of employee contributions used to compute
the tax levy | under Section 13-503.
| (f) Effective date. The effective date of this plan of | optional
alternative benefits and contributions shall be the | date upon which
approval was received from the U.S. Internal | Revenue Service. The plan of
optional alternative benefits and |
| contributions shall not be available to
any former employee | receiving an annuity from the Fund on the effective
date, | unless said former employee re-enters service and renders at | least 3
years of additional service after the date of re-entry | as a commissioner.
| (Source: P.A. 95-279, eff. 1-1-08; 96-251, eff. 8-11-09.)
| (40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
| Sec. 13-706. Board powers and duties. The Board shall have | the powers and
duties set forth in this Section, in addition to | such other powers and
duties as may be provided in this Article | and in this Code:
| (a) To supervise collections. To see that all amounts | specified in this
Article to be applied to the Fund, from | any source, are collected and applied.
| (b) To notify of deductions. To notify the Clerk of | the Water
Reclamation District of the deductions to be | made from the salaries of
employees.
| (c) To accept gifts. To accept by gift, grant, bequest | or otherwise any
money or property of any kind and use the | same for the purposes of the Fund.
| (d) To invest the reserves. To invest the reserves of | the Fund in
accordance with the provisions set forth in | Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and | 1-115 of this Code. Investments made in accordance with | Section 1-113 of Article 1 of
this Code shall be deemed |
| prudent. The Board is also authorized to transfer | securities to the
Illinois State Board of Investment for | the purpose of participation in any
commingled investment | fund as provided in Article 22A of this Code.
| (e) To authorize payments. To consider and pass upon | all applications
for annuities and benefits; to authorize | or suspend the payment of any
annuity or benefit; to | inquire into the validity and legality of any grant
of | annuity or benefit paid from or payable out of the Fund; to | increase,
reduce, or suspend any such annuity or benefit | whenever the annuity or
benefit, or any part thereof, was | secured or granted, or the amount thereof
fixed, as the | result of misrepresentation, fraud, or error. No such
| annuity or benefit shall be permanently reduced or | suspended until the
affected annuitant or beneficiary is | first notified of the proposed action
and given an | opportunity to be heard. No trustee of the Board shall | vote
upon that trustee's own personal claim for annuity, | benefit or refund, or
participate in the deliberations of | the Board as to the validity of any
such claim. The Board | shall have exclusive original jurisdiction in all
matters | of claims for annuities, benefits and refunds.
| (f) To submit an annual report. To submit a report in | July of each year
to the Board of Commissioners of the | Water Reclamation District as of the
close of business on | December 31st of the preceding year. The report shall
|
| include the following:
| (1) A balance sheet, showing the financial and | actuarial condition of
the Fund as of the end of the | calendar year;
| (2) A statement of receipts and disbursements | during such year;
| (3) A statement showing changes in the asset, | liability, reserve and
surplus accounts during such | year;
| (4) A detailed statement of investments as of the | end of the year; and
| (5) Any additional information as is deemed | necessary for proper
interpretation of the condition | of the Fund.
| (g) To subpoena witnesses. To compel witnesses to | attend and testify
before it upon any matter concerning | the Fund and allow witness fees not in
excess of $6 for | attendance upon any one day. The President and other
| members of the Board may administer oaths to witnesses.
| (h) To appoint employees and consultants. To appoint | such actuarial,
medical, legal, investigational, clerical | or financial employees and
consultants as are necessary, | and fix their compensation.
| (i) To make rules. To make rules and regulations | necessary for the
administration of the affairs of the | Fund.
|
| (j) To waive guardianship. To waive the requirement of | legal
guardianship of a person under legal disability or | any minor unmarried beneficiary of the Fund for a | representative living with a
parent or grandparent, and | legal guardianship of any beneficiary under
legal | disability whose husband, wife, or parent is managing such | person or
beneficiary's affairs, whenever the Board deems | such waiver to be in the
best interest of the person or | beneficiary.
| (k) To collect amounts due. To collect any amounts due | to the Fund from
any participant or beneficiary prior to | payment of any annuity, benefit or
refund.
| (l) To invoke rule of offset. To offset against any | amount payable to
an employee or to any other person such | sums as may be due to the Fund
or may have been paid by the | Fund due to misrepresentation, fraud or error.
| (m) To assess and collect interest on amounts due to | the Fund using the annual rate as shall from time to time | be determined by the Board, compounded annually from the | date of notification to the date of payment.
| (Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
|
Effective Date: 1/1/2024
|
|
|
|
