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| 1 | AN ACT concerning public employee benefits.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by | ||||||
| 5 | changing Section 13-310 as follows:
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| 6 | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
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| 7 | Sec. 13-310. Ordinary disability benefit.
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| 8 | (a) Any employee who becomes disabled as the result of
any | ||||||
| 9 | cause other than injury or illness incurred in the performance | ||||||
| 10 | of duty
for the employer or any other employer, or while | ||||||
| 11 | engaged in self-employment
activities, shall be entitled to an | ||||||
| 12 | ordinary disability benefit. The
eligible period for this | ||||||
| 13 | benefit shall be 25% of the employee's total
actual service | ||||||
| 14 | prior to the date of disability with a cumulative maximum
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| 15 | period of 5 years.
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| 16 | (b) The benefit shall be allowed only if the employee | ||||||
| 17 | files an
application in writing with the Board, and a medical | ||||||
| 18 | report is submitted by
at least one licensed and practicing | ||||||
| 19 | physician as part of the employee's
application.
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| 20 | The benefit is not payable for any disability which begins | ||||||
| 21 | during any
period of unpaid leave of absence. No benefit shall | ||||||
| 22 | be allowed for any
period of disability prior to 30 days before | ||||||
| 23 | application is made, unless
the Board finds good cause for the | ||||||
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| 1 | delay in filing the application. The
benefit shall not be paid | ||||||
| 2 | during any period for which the employee receives
or is | ||||||
| 3 | entitled to receive any part of salary.
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| 4 | The benefit is not payable for any disability which begins | ||||||
| 5 | during any
period of absence from duty other than allowable | ||||||
| 6 | vacation time in any
calendar year. An employee whose | ||||||
| 7 | disability begins during any such
ineligible period of absence | ||||||
| 8 | from service may not receive benefits until
the employee | ||||||
| 9 | recovers from the disability and is in service for at least 15
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| 10 | consecutive working days after such recovery.
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| 11 | In the case of an employee who first enters service on or | ||||||
| 12 | after June 13,
1997, an ordinary disability benefit
is not | ||||||
| 13 | payable for the first 3 days of disability that would | ||||||
| 14 | otherwise be
payable under this Section if the disability does | ||||||
| 15 | not continue for at least 11
additional days.
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| 16 | Beginning on the effective date of this amendatory Act of | ||||||
| 17 | the 94th General Assembly, an employee who first entered | ||||||
| 18 | service on or after June 13, 1997 is also eligible for ordinary | ||||||
| 19 | disability benefits on the 31st day after the last day worked, | ||||||
| 20 | provided all sick leave is exhausted.
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| 21 | (c) The benefit shall be 50% of the employee's salary at | ||||||
| 22 | the date of
disability, and shall terminate when the earliest | ||||||
| 23 | of the following occurs:
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| 24 | (1) The employee returns to work or receives a | ||||||
| 25 | retirement annuity paid
wholly or in part under this | ||||||
| 26 | Article;
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| 1 | (2) The disability ceases;
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| 2 | (3) The employee willfully and continuously refuses to | ||||||
| 3 | follow medical
advice and treatment to enable the employee | ||||||
| 4 | to return to
work. However this provision does not apply | ||||||
| 5 | to an employee who relies in good
faith on treatment by | ||||||
| 6 | prayer through spiritual means alone in accordance with
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| 7 | the tenets and practice of a recognized church or | ||||||
| 8 | religious denomination, by a
duly accredited practitioner | ||||||
| 9 | thereof;
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| 10 | (4) The employee (i) refuses to submit to a reasonable | ||||||
| 11 | physical
examination within 30 days of application by a | ||||||
| 12 | physician appointed by the
Board, (ii) in the case of | ||||||
| 13 | chronic alcoholism, the employee refuses
to join a | ||||||
| 14 | rehabilitation program licensed by the Department of | ||||||
| 15 | Public Health of
the State of Illinois and certified by | ||||||
| 16 | the Joint Commission on the
Accreditation of Hospitals, | ||||||
| 17 | (iii) fails or refuses to consent to and sign an
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| 18 | authorization allowing the Board to receive copies of or | ||||||
| 19 | to examine the
employee's medical and hospital records, or | ||||||
| 20 | (iv) fails or refuses to provide
complete information | ||||||
| 21 | regarding any other employment for compensation he or she
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| 22 | has received since becoming disabled; or
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| 23 | (5) The eligible period for this benefit has been | ||||||
| 24 | exhausted.
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| 25 | The first payment of the benefit shall be made not later | ||||||
| 26 | than one month
after the same has been granted, and subsequent | ||||||
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| 1 | payments shall be made at least monthly
intervals of not more | ||||||
| 2 | than 30 days.
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| 3 | (Source: P.A. 94-621, eff. 8-18-05.)
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| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.
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