State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



91_HB1543

 
                                               LRB9105754EGfg

 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-                LRB9105754EGfg
 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-                LRB9105754EGfg
 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-                LRB9105754EGfg
 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-                LRB9105754EGfg
 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-                LRB9105754EGfg
 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-                LRB9105754EGfg
 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-                LRB9105754EGfg
 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-                LRB9105754EGfg
 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-               LRB9105754EGfg
 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-               LRB9105754EGfg
 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 the  disability  in  any
33    measure  resulted  from  any physical defect or disease which
 
                            -12-               LRB9105754EGfg
 1    existed at the time such injury was sustained or such illness
 2    commenced, the  duty  disability  benefit  shall  be  50%  of
 3    salary.
 4        Unless the employer acknowledges that the disability is a
 5    result  of  injury  or illness compensable under the Workers'
 6    Compensation Act or the Workers' Occupational  Diseases  Act,
 7    the  duty  disability  benefit shall not be payable until the
 8    issue  of  compensability  under  those   Acts   is   finally
 9    adjudicated.  The period of disability shall be as determined
10    by  the Illinois Industrial Commission or acknowledged by the
11    employer.
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-               LRB9105754EGfg
 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-               LRB9105754EGfg
 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-               LRB9105754EGfg
 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-               LRB9105754EGfg
 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-               LRB9105754EGfg
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

[ Top ]