Illinois General Assembly - Full Text of HB3446
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Full Text of HB3446  101st General Assembly

HB3446eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
HB3446 EngrossedLRB101 09924 RPS 55026 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 7-146 and 7-150 as follows:
 
6    (40 ILCS 5/7-146)  (from Ch. 108 1/2, par. 7-146)
7    Sec. 7-146. Temporary disability benefits - Eligibility.
8Temporary disability benefits shall be payable to
9participating employees as hereinafter provided.
10    (a) The participating employee shall be considered
11temporarily disabled if:
12        1. He is unable to perform the duties of any position
13    which might reasonably be assigned to him by his employing
14    municipality or instrumentality thereof or participating
15    instrumentality due to mental or physical disability
16    caused by bodily injury or disease, other than as a result
17    of self-inflicted injury or addiction to narcotic drugs;
18        2. The Board has received written certifications from
19    at least one licensed and practicing physician and the
20    governing body of the employing municipality or
21    instrumentality thereof or participating instrumentality
22    stating that the employee meets the conditions set forth in
23    subparagraph 1 of this paragraph (a).

 

 

HB3446 Engrossed- 2 -LRB101 09924 RPS 55026 b

1    (b) A temporary disability benefit shall be payable to a
2temporarily disabled employee provided:
3        1. He:
4            (i) has at least one year of service immediately
5        preceding the date the temporary disability was
6        incurred and has made contributions to the fund for at
7        least the number of months of service normally required
8        in his position during a 12-month period, or has at
9        least 5 years of service credit, the last year of which
10        immediately precedes such date; or
11            (ii) had qualified under clause (i) above, but had
12        an interruption in service with the same participating
13        municipality or participating instrumentality of not
14        more than 3 months in the 12 months preceding the date
15        the temporary disability was incurred and was not paid
16        a separation benefit; or
17            (iii) had qualified under clause (i) above, but had
18        an interruption after 20 or more years of creditable
19        service, was not paid a separation benefit, and
20        returned to service prior to the date the disability
21        was incurred.
22        Item (iii) of this subdivision shall apply to all
23    employees whose disabilities were incurred on or after July
24    1, 1985, and any such employee who becomes eligible for a
25    disability benefit under item (iii) shall be entitled to
26    receive a lump sum payment of any accumulated disability

 

 

HB3446 Engrossed- 3 -LRB101 09924 RPS 55026 b

1    benefits which may accrue from the date the disability was
2    incurred until the effective date of this amendatory Act of
3    1987.
4        Periods of qualified leave granted in compliance with
5    the federal Family and Medical Leave Act shall be ignored
6    for purposes of determining the number of consecutive
7    months of employment under this subdivision (b)1.
8        2. He has been temporarily disabled for at least 30
9    days, except where a former temporary or permanent and
10    total disability has reoccurred within 6 months after the
11    employee has returned to service.
12        3. He is receiving no earnings from a participating
13    municipality or instrumentality thereof or participating
14    instrumentality, except as allowed under subsection (f) of
15    Section 7-152.
16        4. He has not refused to submit to a reasonable
17    physical examination by a physician appointed by the Board.
18        5. His disability is not the result of a mental or
19    physical condition which existed on the earliest date of
20    service from which he has uninterrupted service, including
21    prior service, at the date of his disability, provided that
22    this limitation is not applicable if the date of disability
23    is after December 31, 2001, nor is it applicable to a
24    participating employee who: (i) on the date of disability
25    has 5 years of creditable service, exclusive of creditable
26    service for periods of disability; or (ii) received no

 

 

HB3446 Engrossed- 4 -LRB101 09924 RPS 55026 b

1    medical treatment for the condition for the 3 years
2    immediately prior to such earliest date of service.
3        6. He is not separated from the service of the
4    participating municipality or instrumentality thereof or
5    participating instrumentality which employed him on the
6    date his temporary disability was incurred; for the
7    purposes of payment of temporary disability benefits, a
8    participating employee, whose employment relationship is
9    terminated by his employing municipality, shall be deemed
10    not to be separated from the service of his employing
11    municipality or participating instrumentality if he
12    continues disabled by the same condition and so long as he
13    is otherwise entitled to such disability benefit.
14        7. He has not failed or refused to consent to and sign
15    an authorization allowing the Board to receive copies of or
16    to examine his medical and hospital records.
17        8. He has not failed or refused to provide complete
18    information regarding any other employment for
19    compensation he has received since becoming disabled.
20(Source: P.A. 97-415, eff. 8-16-11; 98-218, eff. 8-9-13.)
 
21    (40 ILCS 5/7-150)  (from Ch. 108 1/2, par. 7-150)
22    Sec. 7-150. Total and permanent disability benefits -
23Eligibility. Total and permanent disability benefits shall be
24payable to participating employees as hereinafter provided,
25including those employees receiving disability benefit on July

 

 

HB3446 Engrossed- 5 -LRB101 09924 RPS 55026 b

11, 1962.
2    (a) A participating employee shall be considered totally
3and permanently disabled if:
4        1. He is unable to engage in any gainful activity
5    because of any medically determinable physical or mental
6    impairment which can be expected to result in death or be
7    of a long continued and indefinite duration, other than as
8    a result of self-inflicted injury or addiction to narcotic
9    drugs;
10        2. The Board has received a written certification by at
11    least 1 licensed and practicing physician stating that the
12    employee meets the qualifications of subparagraph 1 of this
13    paragraph (a).
14    (b) A totally and permanently disabled employee is entitled
15to a permanent disability benefit provided:
16        1. He has exhausted his temporary disability benefits.
17        2. He:
18            (i) has at least one year of service immediately
19        preceding the date the disability was incurred and has
20        made contributions to the fund for at least the number
21        of months of service normally required in his position
22        during a 12 month period, or has at least 5 years of
23        service credit, the last year of which immediately
24        preceded the date the disability was incurred; or
25            (ii) had qualified under clause (i) above, but had
26        an interruption in service with the same participating

 

 

HB3446 Engrossed- 6 -LRB101 09924 RPS 55026 b

1        municipality or participating instrumentality of not
2        more than 3 months in the 12 months preceding the date
3        the temporary disability was incurred and was not paid
4        a separation benefit; or
5            (iii) had qualified under clause (i) above, but had
6        an interruption after 20 or more years of creditable
7        service, was not paid a separation benefit, and
8        returned to service prior to the date the disability
9        was incurred.
10        Item (iii) of this subdivision shall apply to all
11    employees whose disabilities were incurred on or after July
12    1, 1985, and any such employee who becomes eligible for a
13    disability benefit under item (iii) shall be entitled to
14    receive a lump sum payment of any accumulated disability
15    benefits which may accrue from the date the disability was
16    incurred until the effective date of this amendatory Act of
17    1987.
18        Periods of qualified leave granted in compliance with
19    the federal Family and Medical Leave Act shall be ignored
20    for purposes of determining the number of consecutive
21    months of employment under this subdivision (b)2.
22        3. He is receiving no earnings from a participating
23    municipality or instrumentality thereof or participating
24    instrumentality, except as allowed under subsection (f) of
25    Section 7-152.
26        4. He has not refused to submit to a reasonable

 

 

HB3446 Engrossed- 7 -LRB101 09924 RPS 55026 b

1    physical examination by a physician appointed by the Board.
2        5. His disability is not the result of a mental or
3    physical condition which existed on the earliest date of
4    service from which he has uninterrupted service, including
5    prior service, at the date of his disability, provided that
6    this limitation shall not be applicable to a participating
7    employee who, without receiving a disability benefit,
8    receives 5 years of creditable service.
9        6. He is not separated from the service of his
10    employing participating municipality or instrumentality
11    thereof or participating instrumentality on the date his
12    temporary disability was incurred; for the purposes of
13    payment of total and permanent disability benefits, a
14    participating employee, whose employment relationship is
15    terminated by his employing municipality, shall be deemed
16    not to be separated from the service of his employing
17    municipality or participating instrumentality if he
18    continues disabled by the same condition and so long as he
19    is otherwise entitled to such disability benefit.
20        7. He has not refused to apply for a disability benefit
21    under the Federal Social Security Act at the request of the
22    Board.
23        8. He has not failed or refused to consent to and sign
24    an authorization allowing the Board to receive copies of or
25    to examine his medical and hospital records.
26        9. He has not failed or refused to provide complete

 

 

HB3446 Engrossed- 8 -LRB101 09924 RPS 55026 b

1    information regarding any other employment for
2    compensation he has received since becoming disabled.
3    (c) A participating employee shall remain eligible and may
4make application for a total and permanent disability benefit
5within 90 days after the termination of his temporary
6disability benefits or within such longer period terminating at
7the end of the period during which his employing municipality
8is prevented from employing him by reason of any statutory
9prohibition.
10(Source: P.A. 97-415, eff. 8-16-11.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.