93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4889


 
Introduced 02/04/04, by Kevin Joyce
 
SYNOPSIS AS INTRODUCED:
 		
















40 ILCS 5/7-149
  from Ch. 108 1/2, par. 7-149


40 ILCS 5/7-153
  from Ch. 108 1/2, par. 7-153







    Amends the IMRF Article of the Illinois Pension Code. Provides that if a physician or physicians appointed by the Board file a written finding with the Board that a participating employee is terminally ill, the participating employee shall no longer be required to submit to periodic checks to show proof that he or she remains disabled. Effective immediately.
















LRB093 16092 LRD 41718 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4889

LRB093 16092 LRD 41718 b






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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 
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Sections 7-149 and 7-153 as follows:
 



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    (40 ILCS 5/7-149)  (from Ch. 108 1/2, par. 7-149)



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    Sec. 7-149. Temporary disability benefits-Periodic checks. 

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    (a) The Board shall conduct periodic checks to determine if 
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any
participating employee is disabled. Such checks may consist 
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of periodic
examinations by a physician or physicians appointed 
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by the Board, requiring
the employee to submit evidence of 
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continuing disability and such other
investigations as the 
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Board may deem appropriate. The following shall
constitute 
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prima-facie evidence of termination of temporary disability:

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        (1) (a) A written report by a physician appointed by 
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    the Board stating that
the temporary disability has ceased;

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        (2) (b) The earning of compensation by the employee 
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    from any source for
personal services, in excess of 25% of 
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    the monthly rate of earnings upon
which his disability 
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    benefits are based.

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    (b) If a physician or physicians appointed by the Board 
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file a written finding with the Board that a participating 
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employee is terminally ill, the participating employee shall no 
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longer be required to submit to periodic checks under 
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subsection (a).

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(Source: Laws 1965, p. 1086.)

 



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    (40 ILCS 5/7-153)  (from Ch. 108 1/2, par. 7-153)



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    Sec. 7-153. Total and permanent disability benefits; 
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periodic checks. 
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    (a) The board shall conduct periodic checks to determine if 
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participating
employees who are drawing a total permanent 
 


 






HB4889
- 2 -
LRB093 16092 LRD 41718 b




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disability benefit remain
totally and permanently disabled. 
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Such checks may consist of periodic
examination by a physician 
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or physicians appointed by the board,
requiring the employee to 
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submit evidence of continuing disability or
absence of gainful 
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employment and such other investigations as the board
may deem 
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appropriate. A written report by a physician appointed by the

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board stating that the employee is no longer totally and 
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permanently
disabled shall constitute prima-facie evidence of 
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termination of total
and permanent disability, except as 
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provided in subsection (f) of
Section 7-152.

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    (b) If a physician or physicians appointed by the Board 
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file a written finding with the Board that a participating 
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employee is terminally ill, the participating employee shall no 
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longer be required to submit to periodic checks under 
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subsection (a).

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(Source: P.A. 87-740.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.