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| Public Act 101-0054 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Sections 14-123, 14-123.1, 14-124, 14-125, and 14-127 and by | ||||
adding Sections 14-103.42 and 14-124.5 as follows: | ||||
(40 ILCS 5/14-103.42 new) | ||||
Sec. 14-103.42. Licensed health care professional. | ||||
"Licensed health care professional": Any individual who has | ||||
obtained a license through the Department of Financial and | ||||
Professional Regulation under the Medical Practice Act of 1987, | ||||
under the Physician Assistant Practice Act of 1987, or under | ||||
the Clinical Psychologist Licensing Act or an advanced practice | ||||
nurse licensed under the Nurse Practice Act.
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(40 ILCS 5/14-123) (from Ch. 108 1/2, par. 14-123)
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Sec. 14-123. Occupational disability benefits. A member | ||||
who becomes incapacitated to perform the duties of his position
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as the proximate result of bodily injuries
sustained or a | ||||
hazard undergone while in the performance and within the
scope | ||||
of the member's duties, shall receive an occupational | ||||
disability benefit;
provided:
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(a) application is made within 12 months after the date | ||||
that such disability
results in the loss of pay, or 12 months | ||
after the date that the Illinois Workers' Compensation
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Commission rules on the application for an occupational
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disability, or 12 months after the occurrence of disablement if | ||
an occupational
disease; and
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(b) proper proof is received from one or more licensed | ||
health care professionals physicians designated by
the Board | ||
certifying that the member is mentally or physically | ||
incapacitated.
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The benefit shall be 75% of the member's final average | ||
compensation at
date of disability and shall be payable until | ||
the first of the following
dates occurs:
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(1) the date on which disability ceases;
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(2) the date on which the member engages in gainful | ||
employment;
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(3) the end of the month in which the member attains | ||
age 65, in the case
of benefits commencing prior to | ||
attainment of age 60;
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(4) the end of the month following the fifth | ||
anniversary of the effective
date of the benefit, or of the | ||
temporary disability benefit if one was
received, in the | ||
case of benefits commencing on or after attainment
of age | ||
60; or
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(5) the end of the month in which the death of the | ||
member
occurs.
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At the end of the month in which the benefits cease as | ||
prescribed in paragraphs
(3) or (4) above, if the member is | ||
still disabled, he shall become entitled
to a retirement | ||
annuity and the minimum period of service prescribed for
the | ||
receipt of such annuity shall be waived.
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In the event that a temporary disability benefit has been | ||
received, the
benefit paid under this Section shall be subject | ||
to adjustment by the Board
under Section 14-123.1.
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The Board shall prescribe rules and regulations governing | ||
the filing of
claims for occupational disability benefits, and | ||
the investigation, control
and supervision of such claims.
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(Source: P.A. 93-721, eff. 1-1-05.)
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(40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)
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Sec. 14-123.1. Temporary disability benefit.
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(a) A member who has at least 18 months of creditable | ||
service and who
becomes physically or mentally incapacitated to | ||
perform the duties of his
position shall receive a temporary | ||
disability benefit, provided that:
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(1) the agency responsible for determining the | ||
liability of the State
(i) has formally denied all | ||
employer-paid temporary total disability
benefits under | ||
the Workers' Compensation Act or the Workers' Occupational
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Diseases Act and an appeal of that denial is pending before | ||
the Illinois Workers' Compensation
Commission, or (ii) has | ||
granted and then terminated for any
reason an employer-paid | ||
temporary total disability benefit and the member has
filed | ||
a petition for a emergency hearing under Section 19(b) or | ||
Section 19(b-1) of the Workers'
Compensation Act or Section | ||
19(b) or Section 19(b-1) of the Workers' Occupational | ||
Diseases
Act; and
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(2) application is made not later than (i) 12 months | ||
after the date
that the disability results in loss of pay, | ||
and (ii) 12
months after the date the agency responsible | ||
for determining the liability of
the State under the | ||
Workers' Compensation Act or Workers' Occupational | ||
Diseases
Act has formally denied or terminated the | ||
employer-paid temporary total
disability benefit; and , or | ||
(iii) in the case of termination of an employer-paid
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temporary total disability benefit, 12 months after the | ||
effective date of this
amendatory Act of 1995, whichever | ||
occurs last; and
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(3) proper proof is received from one or more licensed | ||
health care professionals physicians designated by
the | ||
Board certifying that the member is mentally or physically | ||
incapacitated.
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(b) In the case of a denial of benefits,
the temporary | ||
disability benefit shall begin to accrue on the 31st
day of | ||
absence from work on account of disability, but the benefit | ||
shall
not become actually payable to the member until the | ||
expiration of 31
days from the day upon which the member last | ||
received or had a
right to receive any compensation.
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In the case of termination of an employer-paid temporary | ||
total disability
benefit, the temporary disability benefit | ||
under this Section shall be
calculated from the day following | ||
the date of termination of the employer-paid
benefit or the | ||
31st day of absence from work on account of disability,
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whichever is later, but shall not become payable to the member | ||
until (i) the
member's right to an employer-paid temporary | ||
total disability benefit is denied
as a result of the emergency | ||
hearing held under Section 19(b) or Section 19(b-1) of the | ||
Workers'
Compensation Act or Section 19(b) or Section 19(b-1) | ||
of the Workers' Occupational Diseases Act
or (ii) the | ||
expiration of 30 150 days from the date of termination of the
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employer-paid benefit, whichever occurs first. If a terminated | ||
employer-paid
temporary total disability benefit is resumed or | ||
replaced with another
employer-paid disability benefit and the | ||
resumed or replacement benefit is
later terminated and the | ||
member again files a petition for a emergency hearing
under | ||
Section 19(b) or Section 19(b-1) of the Workers' Compensation | ||
Act or Section 19(b) or Section 19(b-1) of
the Workers' | ||
Occupational Diseases Act, the member may again become eligible | ||
to
receive a temporary disability benefit under this Section. | ||
The waiting period
before the temporary disability benefit | ||
under this Section becomes payable
applies each time that the | ||
benefit is reinstated.
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The benefit shall continue to accrue until the first of the | ||
following events
occurs:
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(1) the disability ceases;
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(2) the member engages in gainful employment;
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(3) the end of the month in which the member attains | ||
age 65, in the case
of benefits commencing prior to | ||
attainment of age 60;
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(4) the end of the month following the fifth | ||
anniversary of the
effective date of the benefit in the | ||
case of benefits commencing on or
after attainment of age | ||
60;
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(5) the end of the month in which the death of the | ||
member occurs;
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(6) the end of the month in which the aggregate period | ||
for which
temporary disability payments have been made | ||
becomes equal to 1/2 of the
member's total period of | ||
creditable service, not including the time for
which he has | ||
received a temporary disability benefit or nonoccupational
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disability benefit; for purposes of this item (6) only, in | ||
the case of a
member to whom Section 14-108.2a or 14-108.2b | ||
applies and who, at the
time disability commences, is | ||
performing services for the Illinois Department
of Public | ||
Health or the Department of State Police relating to the | ||
transferred
functions referred to in that Section and has | ||
less than 10 years of creditable
service under this | ||
Article, the member's "total period of creditable service"
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shall be augmented by an amount equal to (i) one half of | ||
the member's period of
creditable service in the Fund | ||
established under Article 8 (excluding any
creditable | ||
service over 20 years), minus (ii) the amount of the | ||
member's
creditable service under this Article;
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(7) a payment is made on the member's claim pursuant to | ||
a
determination made by the agency responsible for | ||
determining the liability of
the State under the Workers' | ||
Compensation Act or the Workers' Occupational
Diseases | ||
Act;
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(8) a final determination is made on the member's claim | ||
by the
Illinois Workers' Compensation
Commission.
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(c) The temporary disability benefit shall be 50% of the | ||
member's final
average compensation at the date of disability.
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If a covered employee is eligible under the Social Security | ||
Act for a
disability benefit before attaining the Social | ||
Security full retirement age 65, or a retirement benefit on or
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after attaining the Social Security full retirement age 65, | ||
then the amount of the member's temporary
disability benefit | ||
shall be reduced by the amount of primary benefit the
member is | ||
eligible to receive under the Social Security Act, whether or | ||
not
such eligibility came about as the result of service as a | ||
covered employee
under this Article. The Board may make such | ||
reduction pending a
determination of eligibility if it appears | ||
that the employee may be so
eligible, and shall make an | ||
appropriate adjustment if necessary after such
determination | ||
has been made. The amount of temporary disability benefit
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payable under this Article shall not be reduced by reason of | ||
any increase
in benefits payable under the Social Security Act | ||
which occurs after the
reduction required by this paragraph has | ||
been applied. As used in this subsection, "Social Security full | ||
retirement age" means the age at which an individual is | ||
eligible to receive full Social Security retirement benefits.
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(d) The temporary disability benefit provided under this | ||
Section is
intended as a temporary payment of occupational or | ||
nonoccupational
disability benefit, whichever is appropriate, | ||
in cases in which the
occupational or nonoccupational character | ||
of the disability has not been
finally determined.
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When an employer-paid disability benefit is paid or | ||
resumed, the Board
shall calculate the benefit that is payable | ||
under Section 14-123 and shall
deduct from the benefit payable | ||
under Section 14-123 the amounts already paid
under this | ||
Section; those amounts shall then be treated as if they had | ||
been
paid under Section 14-123.
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When a final determination of the character of the
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disability has been made by the Illinois Workers' Compensation | ||
Commission, or by
settlement between the parties to the | ||
disputed claim, the Board shall
calculate the benefit that is | ||
payable under Section 14-123 or 14-124,
whichever is | ||
applicable, and shall deduct from such benefit the amounts
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already paid under this Section; such amounts shall then be | ||
treated as if
they had been paid under such Section 14-123 or | ||
14-124.
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(e) Any excess benefits paid under this Section shall be | ||
subject to recovery
by the System from benefits payable under | ||
the Workers' Compensation Act or the
Workers' Occupational | ||
Diseases Act or from third parties as provided in Section
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14-129, or from any other benefits payable either to the member | ||
or on his
behalf under this Article. A member who accepts | ||
benefits under this Section
acknowledges and authorizes these | ||
recovery rights of the System.
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(f) Service credits under the State Universities | ||
Retirement System and
the Teachers' Retirement System of the | ||
State of Illinois shall be
considered for the purposes of | ||
determining temporary disability benefit
eligibility under | ||
this Section, and for determining the total period of
time for | ||
which such benefits are payable.
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(g) The Board shall prescribe rules and regulations | ||
governing the filing
of claims for temporary disability | ||
benefits, and the investigation, control
and supervision of | ||
such claims.
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(h) References in this Section to employer-paid benefits | ||
include benefits
paid for by the State, either directly or | ||
through a program of insurance or
self-insurance, whether paid | ||
through the member's own department or through
some other | ||
department or entity; but the term does not include benefits | ||
paid by
the System under this Article.
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(Source: P.A. 93-721, eff. 1-1-05.)
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(40 ILCS 5/14-124) (from Ch. 108 1/2, par. 14-124)
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Sec. 14-124. Nonoccupational disability benefit. A member | ||
with at least
1 1/2 years of creditable service may be granted | ||
a nonoccupational disability
benefit, if:
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(1) application for the benefit is made to the system | ||
by the member
in writing after the commencement of | ||
disability;
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(2) the member is found upon medical examination to be | ||
mentally or
physically incapacitated to perform the duties | ||
of the member's position;
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(3) the disability resulted from a cause other than an | ||
injury or
illness sustained in connection with the member's | ||
performance of duty as
a State employee;
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(4) the member has been granted a leave of absence for | ||
disability at
the time of commencement of disability. | ||
Renewal of a disability leave
of absence shall not be | ||
required for the continued payment of
benefits; and
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(5) the member has used all accumulated sick leave | ||
available at the
beginning of the leave of absence for | ||
disability.
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The benefit shall begin to accrue on the latest of (i) the | ||
31st
day of absence from work on account of
disability | ||
(including any periods of such absence for which sick pay was
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received); or (ii) the day following the day on which the | ||
member last receives
or has a right to receive any compensation | ||
as an employee,
including any sick pay. ; or (iii) if | ||
application by the
member is delayed more than 90 days after | ||
the member's name is removed
from the payroll, the date | ||
application is
received by the system. The benefit shall | ||
continue to accrue until the
first of the following to occur:
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(a) the date on which disability ceases;
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(b) the end of the month in
which the member attains | ||
age 65 in the case of benefits commencing prior
to | ||
attainment of age 60;
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(c) the end of the month following the fifth | ||
anniversary of the effective
date of the benefit, or of the | ||
temporary disability benefit if one was
received, in the | ||
case of benefits commencing on or after attainment
of age | ||
60;
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(d) the end of the month in which the aggregate period | ||
for which
non-occupational disability and temporary | ||
disability benefit payments have been
made becomes equal to | ||
1/2 of the member's total period of creditable service,
not | ||
including the time during which he has received a temporary | ||
disability
benefit or nonoccupational disability benefit; | ||
for purposes of this item (d)
only, in the case of a member | ||
to whom Section 14-108.2a or 14-108.2b
applies and who, at | ||
the time disability commences, is performing services for
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the Illinois Department of Public Health or the Department | ||
of State Police
relating to the transferred functions | ||
referred to in that Section and has less
than 10 years of | ||
creditable service under this Article, the member's "total
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period of creditable service" shall be augmented by an | ||
amount equal to (i) one
half of the member's period of | ||
creditable service in the Fund established under
Article 8 | ||
(excluding any creditable service over 20 years), minus | ||
(ii) the
amount of the member's creditable service under | ||
this Article;
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(e) the date on which the member engages in gainful | ||
employment;
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(f) the end of the month in which the death of the | ||
member occurs.
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If disability has ceased and the member again becomes | ||
disabled within
60 days from date of resumption of State | ||
employment, and if the
disability is due to the same cause for | ||
which he received
nonoccupational disability benefit | ||
immediately preceding such reentry
into service, the 30 days | ||
waiting period prescribed for the receipt of
benefits is waived | ||
as to such new period of disability.
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A member shall be considered disabled only when the board | ||
has
received:
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(a) a written certificate by one or more licensed | ||
health care professionals and practicing
physicians | ||
designated by the board, certifying that the member is
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disabled and unable properly to perform the duties of his | ||
position at
the time of disability; and
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(b) the employee certifies that he is not and has not | ||
been engaged
in gainful employment.
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The board shall prescribe rules and regulations governing | ||
the filing
of claims for nonoccupational disability benefits, | ||
and the
investigation, control and supervision of such claims.
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Service credits under the State Universities Retirement | ||
System and
the Teachers' Retirement System of the State of | ||
Illinois shall be
considered for the purposes of | ||
nonoccupational disability benefit
eligibility under this | ||
Article and for the total period of time for
which such | ||
benefits are payable.
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(Source: P.A. 88-535; 89-246, eff. 8-4-95.)
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(40 ILCS 5/14-124.5 new) | ||
Sec. 14-124.5. Reports submitted to the System by licensed | ||
health care professionals. A licensed health care professional | ||
must submit his or her registration number on all reports | ||
submitted to the System.
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(40 ILCS 5/14-125) (from Ch. 108 1/2, par. 14-125)
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Sec. 14-125. Nonoccupational disability benefit - Amount | ||
of. The
nonoccupational disability benefit shall be 50% of the | ||
member's final
average compensation at the time disability | ||
occurred. In the case of a
member whose benefit was resumed due | ||
to the same disability, the amount of
the benefit shall be the | ||
same
as that last paid before resumption of State employment. | ||
In the event
that a temporary disability benefit has been | ||
received, the nonoccupational
disability benefit shall be | ||
subject to adjustment by the Board under Section 14-123.1.
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If a covered employee is eligible for a disability benefit | ||
before attaining the Social Security full retirement
age 65 or | ||
a retirement benefit on or after attaining the Social Security | ||
full retirement age 65 under the
Federal Social Security Act, | ||
the amount of the member's nonoccupational disability
benefit | ||
shall be reduced by the amount of primary benefit the member | ||
would
be eligible to receive
under such Act, whether or not | ||
entitlement thereto came
about as the result of service as a | ||
covered employee under this Article.
The Board may make such | ||
reduction if it appears that the employee may be
so eligible | ||
pending determination of eligibility and make an appropriate
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adjustment if necessary after such determination. The amount of | ||
any
nonoccupational
disability benefit payable under
this | ||
Article shall not be reduced by reason of any increase under | ||
the
Federal Social Security Act which occurs after the offset | ||
required by this
Section is first applied to that benefit.
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As used in this subsection, "Social Security full | ||
retirement age" means the age at which an individual is | ||
eligible to receive full Social Security retirement benefits. | ||
(Source: P.A. 84-1028.)
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(40 ILCS 5/14-127) (from Ch. 108 1/2, par. 14-127)
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Sec. 14-127. Credit during disability. During
any period of | ||
disability for which
nonoccupational, occupational or | ||
temporary disability benefits are
paid, there shall be credited | ||
to the account of the disabled member amounts
representing the | ||
contributions the member would have made had he or she remained | ||
in active
employment in the same position and at the rate of | ||
compensation in effect
at the time disability occurred. Service | ||
credit shall also be granted
him during any such
periods of | ||
disability for all purposes of this Article except for
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measuring the duration of nonoccupational and temporary | ||
disability
benefits. The resolution of a temporary disability
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benefit into an occupational or nonoccupational disability | ||
benefit shall
not entitle the disabled member to receive | ||
duplicate contribution and
service credit under this Section | ||
for the period during which the temporary
disability benefit | ||
was paid.
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(Source: P.A. 84-1028.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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