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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4139 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/7-131 new | | 40 ILCS 5/7-145.1 | | 40 ILCS 5/7-146 | from Ch. 108 1/2, par. 7-146 | 40 ILCS 5/7-149 | from Ch. 108 1/2, par. 7-149 | 40 ILCS 5/7-150 | from Ch. 108 1/2, par. 7-150 |
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Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. With regard to disability benefits, provides that a determination of disability may be made by a licensed and practicing medical professional with the authority to diagnose the condition or conditions for which disability benefits are sought (rather than only a physician). Defines "medical professional". Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| | HB4139 | | LRB103 34045 RPS 63862 b |
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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 adding |
5 | | Section 7-131 and by changing Sections 7-145.1, 7-146, 7-149, |
6 | | and 7-150 as follows: |
7 | | (40 ILCS 5/7-131 new) |
8 | | Sec. 7-131. Medical professional. "Medical professional": |
9 | | Any individual who has obtained a license through the |
10 | | Department of Financial and Professional Regulation under the |
11 | | Medical Practice Act of 1987, under the Physician Assistant |
12 | | Practice Act of 1987, or under the Clinical Psychologist |
13 | | Licensing Act or an advanced practice registered nurse |
14 | | licensed under the Nurse Practice Act. |
15 | | (40 ILCS 5/7-145.1) |
16 | | Sec. 7-145.1. Alternative annuity for county officers. |
17 | | (a) The benefits provided in this Section and Section |
18 | | 7-145.2 are available
only if, prior to the effective date of |
19 | | this amendatory Act of the 97th General Assembly, the county |
20 | | board has filed with the Board of the Fund a resolution or
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21 | | ordinance expressly consenting to the availability of these |
22 | | benefits for its
elected county officers. The county board's |
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1 | | consent is irrevocable with
respect to persons participating |
2 | | in the program, but may be revoked at any time
with respect to |
3 | | persons who have not paid an additional optional contribution
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4 | | under this Section before the date of revocation. |
5 | | An elected county officer may elect to establish |
6 | | alternative credits for
an alternative annuity by electing in |
7 | | writing before the effective date of this amendatory Act of |
8 | | the 97th General Assembly to make additional optional
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9 | | contributions in accordance with this Section and procedures |
10 | | established
by the board. These alternative credits are |
11 | | available only for periods of
service as an elected county |
12 | | officer. The elected county officer may
discontinue making the |
13 | | additional optional contributions by notifying the
Fund in |
14 | | writing in accordance with this Section and procedures |
15 | | established
by the board. |
16 | | Additional optional contributions for the alternative |
17 | | annuity shall
be as follows: |
18 | | (1) For service as an elected county officer after the |
19 | | option is
elected, an additional contribution of 3% of |
20 | | salary shall be contributed
to the Fund on the same basis |
21 | | and under the same conditions as contributions
required |
22 | | under Section 7-173. |
23 | | (2) For service as an elected county officer before |
24 | | the option is
elected, an additional contribution of 3% of |
25 | | the salary for the applicable
period of service, plus |
26 | | interest at the effective rate from the date of
service to |
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| | HB4139 | - 3 - | LRB103 34045 RPS 63862 b |
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1 | | the date of payment, plus any additional amount required |
2 | | by
the county board under paragraph (3). All payments for |
3 | | past service must
be paid in full before credit is given. |
4 | | Payment must be received by the Board while the member is |
5 | | an active participant, except that one payment will be |
6 | | permitted after termination of participation. |
7 | | (3) With respect to service as an elected county |
8 | | officer before the
option is elected, if payment is made |
9 | | after the county board has filed with
the Board of the Fund |
10 | | a resolution or ordinance requiring an additional
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11 | | contribution under this paragraph, then the contribution |
12 | | required under
paragraph (2) shall include an amount to be |
13 | | determined by the Fund, equal
to the actuarial present |
14 | | value of the additional employer cost that would
otherwise |
15 | | result from the alternative credits being established for |
16 | | that
service. A county board's resolution or ordinance |
17 | | requiring additional
contributions under this paragraph |
18 | | (3) is irrevocable. Payment must be received by the Board |
19 | | while the member is an active participant, except that one |
20 | | payment will be permitted after termination of |
21 | | participation. |
22 | | No additional optional contributions may be made for any |
23 | | period of service
for which credit has been previously |
24 | | forfeited by acceptance of a refund,
unless the refund is |
25 | | repaid in full with interest at the effective rate from
the |
26 | | date of refund to the date of repayment. |
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1 | | (b) In lieu of the retirement annuity otherwise payable |
2 | | under this Article,
an elected county officer who (1) has |
3 | | elected to participate in the Fund and
make additional |
4 | | optional contributions in accordance with this Section, (2)
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5 | | has held and made additional optional contributions with |
6 | | respect to the same
elected county office for at least 8 years, |
7 | | and (3) has attained
age 55 with at least 8 years of service |
8 | | credit (or has attained age 50 with at
least 20 years of |
9 | | service as a sheriff's law enforcement employee) may elect
to |
10 | | have his retirement annuity computed as follows: 3% of the |
11 | | participant's
salary for each of the first 8 years
of service |
12 | | credit, plus 4% of that salary for each of the next 4 years of
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13 | | service credit, plus 5% of that salary for each year of service |
14 | | credit in
excess of 12 years, subject to a maximum of 80% of |
15 | | that salary. |
16 | | This formula applies only to service in an elected county |
17 | | office that the
officer held for at least 8 years, and only to |
18 | | service for which additional
optional contributions have been |
19 | | paid under this Section. If an elected county
officer |
20 | | qualifies to have this formula applied to service in more than |
21 | | one
elected county office, the qualifying service shall be |
22 | | accumulated for purposes
of determining the applicable accrual |
23 | | percentages, but the salary used for each
office shall be the |
24 | | separate salary calculated for that office, as defined in
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25 | | subsection (g). |
26 | | To the extent that the elected county officer has service |
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1 | | credit that does
not qualify for this formula, his retirement |
2 | | annuity will first be determined
in accordance with this |
3 | | formula with respect to the service to which this
formula |
4 | | applies, and then in accordance with the remaining Sections of |
5 | | this
Article with respect to the service to which this formula |
6 | | does not apply. |
7 | | (c) In lieu of the disability benefits otherwise payable |
8 | | under this
Article, an elected county officer who (1) has
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9 | | elected to participate in the Fund, and (2) has become
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10 | | permanently disabled and as a consequence is unable to perform |
11 | | the duties
of his office, and (3) was making optional |
12 | | contributions in accordance with
this Section at the time the |
13 | | disability was incurred, may elect to receive
a disability |
14 | | annuity calculated in accordance with the formula in |
15 | | subsection
(b). For the purposes of this subsection, an |
16 | | elected county officer shall be
considered permanently |
17 | | disabled only if: (i) disability occurs while in
service as an |
18 | | elected county officer and is of such a nature as to prevent |
19 | | him
from reasonably performing the duties of his office at the |
20 | | time; and (ii) the
board has received a written certification |
21 | | by at least 2 licensed and practicing medical professionals |
22 | | with the authority to diagnose the condition or conditions for |
23 | | which disability benefits are sought physicians
appointed by |
24 | | it stating that the officer is disabled and that the |
25 | | disability
is likely to be permanent. |
26 | | (d) Refunds of additional optional contributions shall be |
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1 | | made on the
same basis and under the same conditions as |
2 | | provided under Section 7-166,
7-167 and 7-168. Interest shall |
3 | | be credited at the effective rate on the
same basis and under |
4 | | the same conditions as for other contributions. |
5 | | If an elected county officer fails to hold that same |
6 | | elected county
office for at least 8 years, he or she shall be |
7 | | entitled after leaving office
to receive a refund of the |
8 | | additional optional contributions made with respect
to that |
9 | | office, plus interest at the effective rate. |
10 | | (e) The plan of optional alternative benefits and |
11 | | contributions shall be
available to persons who are elected |
12 | | county officers and active contributors
to the Fund on or |
13 | | after November 15, 1994 and elected to establish alternative |
14 | | credit before the effective date of this amendatory Act of the |
15 | | 97th General Assembly. A person who was an elected county
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16 | | officer and an active contributor to the Fund on November 15, |
17 | | 1994 but is
no longer an active contributor may apply to make |
18 | | additional optional
contributions under this Section at any |
19 | | time within 90 days after the
effective date of this |
20 | | amendatory Act of 1997; if the person is an annuitant,
the |
21 | | resulting increase in annuity shall begin to accrue on the |
22 | | first day of
the month following the month in which the |
23 | | required payment is received by the
Fund. |
24 | | (f) For the purposes of this Section and Section 7-145.2, |
25 | | the terms "elected
county officer" and "elected county office" |
26 | | include, but are not limited to:
(1) the county clerk, |
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1 | | recorder, treasurer, coroner, assessor (if elected),
auditor, |
2 | | sheriff, and
State's Attorney; members of the county board; |
3 | | and the clerk of the circuit
court; and (2) a person who has |
4 | | been appointed to fill a vacancy in an
office that is normally |
5 | | filled by election on a countywide basis, for the
duration of |
6 | | his or her service in that office. The terms "elected county
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7 | | officer" and "elected county office" do not include any |
8 | | officer or office of
a county that has not consented to the |
9 | | availability of benefits under this
Section and Section |
10 | | 7-145.2. |
11 | | (g) For the purposes of this Section and Section 7-145.2, |
12 | | the term
"salary" means the final rate of earnings for the |
13 | | elected county office held,
calculated in a manner consistent |
14 | | with Section 7-116, but for that office
only. If an elected |
15 | | county officer qualifies to have the formula in subsection
(b) |
16 | | applied to service in more than one elected county office, a |
17 | | separate
salary shall be calculated and applied with respect |
18 | | to each such office. |
19 | | (h) The changes to this Section made by this amendatory |
20 | | Act of the 91st
General Assembly apply to persons who first |
21 | | make an additional optional
contribution under this Section on |
22 | | or after the effective date of this
amendatory Act. |
23 | | (i) Any elected county officer who was entitled to receive |
24 | | a stipend from the State on or after July 1, 2009 and on or |
25 | | before June 30, 2010 may establish earnings credit for the |
26 | | amount of stipend not received, if the elected county official |
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1 | | applies in writing to the fund within 6 months after the |
2 | | effective date of this amendatory Act of the 96th General |
3 | | Assembly and pays to the fund an amount equal to (i) employee |
4 | | contributions on the amount of stipend not received, (ii) |
5 | | employer contributions determined by the Board equal to the |
6 | | employer's normal cost of the benefit on the amount of stipend |
7 | | not received, plus (iii) interest on items (i) and (ii) at the |
8 | | actuarially assumed rate. |
9 | | (Source: P.A. 100-148, eff. 8-18-17.)
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10 | | (40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)
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11 | | Sec. 7-146. Temporary disability benefits; eligibility |
12 | | benefits - Eligibility . Temporary
disability benefits shall be |
13 | | payable to participating employees as
hereinafter provided.
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14 | | (a) The participating employee shall be considered |
15 | | temporarily
disabled if:
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16 | | 1. He is unable to perform the duties of any position |
17 | | which might
reasonably be assigned to him by his employing |
18 | | municipality or
instrumentality thereof or participating |
19 | | instrumentality due to mental
or physical disability |
20 | | caused by bodily injury or disease, other than as
a result |
21 | | of self-inflicted injury or addiction to narcotic drugs;
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22 | | 2. The Board has received written certifications from |
23 | | at least one licensed and practicing medical professional |
24 | | with the authority to diagnose the condition or conditions |
25 | | for which a temporary disability benefit is sought |
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1 | | physician and the governing body of the
employing |
2 | | municipality or instrumentality thereof or participating
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3 | | instrumentality stating that the employee meets the |
4 | | conditions set forth
in subparagraph 1 of this paragraph |
5 | | (a).
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6 | | (b) A temporary disability benefit shall be payable to a |
7 | | temporarily
disabled employee provided:
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8 | | 1. He:
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9 | | (i) has at least one year of service immediately |
10 | | preceding the
date the temporary disability was |
11 | | incurred and has made contributions to
the fund for at |
12 | | least the number of months of service normally |
13 | | required
in his position during a 12-month period, or |
14 | | has at least 5 years of
service credit, the last year |
15 | | of which immediately precedes such date; or
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16 | | (ii) had qualified under clause (i) above, but had |
17 | | an interruption in
service of not more than 3 months in |
18 | | the 12 months preceding the date
the temporary |
19 | | disability was incurred and was not paid a separation |
20 | | benefit; or
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21 | | (iii) had qualified under clause (i) above, but |
22 | | had an interruption
after 20 or more years of |
23 | | creditable service, was not paid a separation
benefit, |
24 | | and returned to service prior to the date the |
25 | | disability was incurred.
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26 | | Item (iii) of this subdivision shall apply to all |
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| | HB4139 | - 10 - | LRB103 34045 RPS 63862 b |
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1 | | employees
whose disabilities were incurred on or after |
2 | | July 1, 1985, and any such
employee who becomes eligible |
3 | | for a disability benefit under item
(iii) shall be |
4 | | entitled to receive a lump sum payment of any accumulated
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5 | | disability benefits which may accrue from the date the |
6 | | disability was
incurred until the effective date of this |
7 | | amendatory Act of 1987.
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8 | | Periods of qualified leave granted in compliance with |
9 | | the federal Family
and Medical Leave Act shall be ignored |
10 | | for purposes of determining the number
of consecutive |
11 | | months of employment under this subdivision (b)1.
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12 | | 2. He has been temporarily disabled for at least 30 |
13 | | days, except
where a former temporary or permanent and |
14 | | total disability has
reoccurred within 6 months after the |
15 | | employee has returned
to service.
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16 | | 3. He is receiving no earnings from a participating |
17 | | municipality or
instrumentality thereof or participating |
18 | | instrumentality, except as
allowed under subsection (f) of |
19 | | Section 7-152.
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20 | | 4. He has not refused to submit to a reasonable |
21 | | physical examination
by a licensed and practicing medical |
22 | | professional with the authority to diagnose the condition |
23 | | or conditions for which a temporary disability benefit is |
24 | | sought physician appointed by the Board.
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25 | | 5. His disability is not the result of a mental or |
26 | | physical
condition which existed on the earliest date of |
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1 | | service from which he
has uninterrupted service, including |
2 | | prior service, at the date of his
disability, provided |
3 | | that this limitation is not applicable if the date of
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4 | | disability is after December 31, 2001, nor is it |
5 | | applicable
to a participating employee who: (i) on the |
6 | | date of disability has 5 years
of creditable service, |
7 | | exclusive of creditable service for periods of
disability; |
8 | | or (ii) received no medical treatment for the condition |
9 | | for the 3
years immediately prior to such earliest date of |
10 | | service.
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11 | | 6. He is not separated from the service of the |
12 | | participating
municipality or instrumentality thereof or |
13 | | participating instrumentality
which employed him on the |
14 | | date his temporary disability was incurred;
for the |
15 | | purposes of payment of temporary disability benefits, a
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16 | | participating employee, whose employment relationship is |
17 | | terminated by
his employing municipality, shall be deemed |
18 | | not to be separated from the
service of his employing |
19 | | municipality or participating instrumentality
if he |
20 | | continues disabled by the same condition and so long as he |
21 | | is
otherwise entitled to such disability benefit.
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22 | | 7. He has not failed or refused to consent to and sign |
23 | | an authorization allowing the Board to receive copies of |
24 | | or to examine his medical and hospital records. |
25 | | 8. He has not failed or refused to provide complete |
26 | | information regarding any other employment for |
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1 | | compensation he has received since becoming disabled. |
2 | | (Source: P.A. 101-151, eff. 7-26-19.)
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3 | | (40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149)
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4 | | Sec. 7-149. Temporary disability benefits; periodic |
5 | | benefits-Periodic checks.
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6 | | The Board shall conduct periodic checks to determine if |
7 | | any
participating employee is disabled. Such checks may |
8 | | consist of periodic
examinations by one or more licensed and |
9 | | practicing medical professionals with the authority to |
10 | | diagnose the condition or conditions for which temporary |
11 | | disability benefits have been granted a physician or |
12 | | physicians appointed by the Board, requiring
the employee to |
13 | | submit evidence of continuing disability and such other
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14 | | investigations as the Board may deem appropriate. The |
15 | | following shall
constitute prima facie prima-facie evidence of |
16 | | termination of temporary disability:
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17 | | (a) A written report by a licensed and practicing medical |
18 | | professional with the authority to diagnose the condition or |
19 | | conditions for which temporary disability benefits have been |
20 | | granted physician appointed by the Board stating that
the |
21 | | temporary disability has ceased;
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22 | | (b) The earning of compensation by the employee from any |
23 | | source for
personal services, in excess of 25% of the monthly |
24 | | rate of earnings upon
which his disability benefits are based.
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25 | | (Source: Laws 1965, p. 1086.)
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1 | | (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
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2 | | Sec. 7-150. Total and permanent disability benefits; |
3 | | eligibility benefits - Eligibility . Total and permanent |
4 | | disability benefits shall be payable to
participating |
5 | | employees as hereinafter provided, including those
employees |
6 | | receiving disability benefit on July 1, 1962.
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7 | | (a) A participating employee shall be considered totally |
8 | | and
permanently disabled if:
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9 | | 1. He is unable to engage in any gainful activity |
10 | | because of any
medically determinable physical or mental |
11 | | impairment which can be
expected to result in death or be |
12 | | of a long continued and indefinite
duration, other than as |
13 | | a result of self-inflicted
injury or addiction to narcotic |
14 | | drugs;
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15 | | 2. The Board has received a written certification by |
16 | | at least one 1
licensed and practicing medical |
17 | | professional with the authority to diagnose the condition |
18 | | or conditions for which disability benefits are sought |
19 | | physician stating that the employee meets the
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20 | | qualifications of subparagraph 1 of this paragraph (a).
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21 | | (b) A totally and permanently disabled employee is |
22 | | entitled to a
permanent disability benefit provided:
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23 | | 1. He has exhausted his temporary disability benefits.
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24 | | 2. He:
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25 | | (i) has at least one year of service immediately |
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| | HB4139 | - 14 - | LRB103 34045 RPS 63862 b |
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1 | | preceding the
date the disability was incurred and has |
2 | | made contributions to the fund
for at least the number |
3 | | of months of service normally required in his
position |
4 | | during a 12 month period, or has at least 5 years of |
5 | | service
credit, the last year of which immediately |
6 | | preceded the date the
disability was incurred; or
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7 | | (ii) had qualified under clause (i) above, but had |
8 | | an interruption in
service of not more than 3 months in |
9 | | the 12 months preceding the date
the temporary |
10 | | disability was incurred and was not paid a separation |
11 | | benefit; or
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12 | | (iii) had qualified under clause (i) above, but |
13 | | had an interruption
after 20 or more years of |
14 | | creditable service, was not paid a separation
benefit, |
15 | | and returned to service prior to the date the |
16 | | disability was incurred.
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17 | | Item (iii) of this subdivision shall apply to all |
18 | | employees
whose disabilities were incurred on or after |
19 | | July 1, 1985, and any such
employee who becomes eligible |
20 | | for a disability benefit under item
(iii) shall be |
21 | | entitled to receive a lump sum payment of any accumulated
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22 | | disability benefits which may accrue from the date the |
23 | | disability was
incurred until the effective date of this |
24 | | amendatory Act of 1987.
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25 | | Periods of qualified leave granted in compliance with |
26 | | the federal Family
and Medical Leave Act shall be ignored |
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1 | | for purposes of determining the number
of consecutive |
2 | | months of employment under this subdivision (b)2.
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3 | | 3. He is receiving no earnings from a participating |
4 | | municipality or
instrumentality thereof or participating |
5 | | instrumentality, except as
allowed under subsection (f) of |
6 | | Section 7-152.
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7 | | 4. He has not refused to submit to a reasonable |
8 | | physical examination
by a licensed and practicing medical |
9 | | professional with the authority to diagnose the condition |
10 | | or conditions for which disability benefits are sought |
11 | | physician appointed by the Board.
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12 | | 5. His disability is not the result of a mental or |
13 | | physical
condition which existed on the earliest date of |
14 | | service from which he
has uninterrupted service, including |
15 | | prior service, at the date of his
disability, provided |
16 | | that this limitation shall not be applicable to a
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17 | | participating employee who, without receiving a disability |
18 | | benefit,
receives 5 years of creditable service.
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19 | | 6. He is not separated from the service of his |
20 | | employing
participating municipality or instrumentality |
21 | | thereof or participating
instrumentality on the date his |
22 | | temporary disability was incurred; for
the purposes of |
23 | | payment of total and permanent disability benefits, a
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24 | | participating employee, whose employment relationship is |
25 | | terminated by
his employing municipality, shall be deemed |
26 | | not to be separated from the
service of his employing |
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1 | | municipality or participating instrumentality
if he |
2 | | continues disabled by the same condition and so long as he |
3 | | is
otherwise entitled to such disability benefit.
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4 | | 7. He has not refused to apply for a disability |
5 | | benefit under the
Federal Social Security Act at the |
6 | | request of the Board. |
7 | | 8. He has not failed or refused to consent to and sign |
8 | | an authorization allowing the Board to receive copies of |
9 | | or to examine his medical and hospital records. |
10 | | 9. He has not failed or refused to provide complete |
11 | | information regarding any other employment for |
12 | | compensation he has received since becoming disabled.
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13 | | (c) A participating employee shall remain eligible and may |
14 | | make
application for a total and permanent disability benefit |
15 | | within 90 days
after the termination of his temporary |
16 | | disability benefits or within
such longer period terminating |
17 | | at the end of the period during which his
employing |
18 | | municipality is prevented from employing him by reason of any
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19 | | statutory prohibition.
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20 | | (Source: P.A. 101-151, eff. 7-26-19.)
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.
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