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| Public Act 104-0763 | ||||
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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 Section 13-310 as follows: | ||||
(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 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 60 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 August 18, 2005 (the effective date of Public | ||
Act 94-621) 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 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 eligibility 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; 103-523, eff. 1-1-24; | ||
revised 7-17-24.) | ||