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Rep. Bradley Fritts
Filed: 2/23/2024
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1 | | AMENDMENT TO HOUSE BILL 4139
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2 | | AMENDMENT NO. ______. Amend House Bill 4139 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Illinois Pension Code is amended by adding |
5 | | Sections 7-130.1, 7-130.2, 7-130.3, 7-130.4, and 7-130.5 and |
6 | | by changing Sections 7-145.1, 7-146, 7-149, and 7-150 as |
7 | | follows: |
8 | | (40 ILCS 5/7-130.1 new) |
9 | | Sec. 7-130.1. Advanced practice registered nurse. |
10 | | "Advanced practice registered nurse": a person licensed as an |
11 | | advanced practice registered nurse under the Nurse Practice |
12 | | Act. |
13 | | (40 ILCS 5/7-130.2 new) |
14 | | Sec. 7-130.2. Clinical psychologist. "Clinical |
15 | | psychologist": a person licensed under the Clinical |
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1 | | Psychologist Licensing Act. |
2 | | (40 ILCS 5/7-130.3 new) |
3 | | Sec. 7-130.3. Health care professional. "Health care |
4 | | professional": a person currently licensed as a physician, |
5 | | advanced practice registered nurse, clinical psychologist, or |
6 | | physician assistant diagnosing the condition or conditions for |
7 | | which disability benefits are sought in accordance with the |
8 | | person's level of education, training, and licensure. |
9 | | (40 ILCS 5/7-130.4 new) |
10 | | Sec. 7-130.4. Physician. "Physician": a person licensed to |
11 | | practice medicine in all its branches under the Medical |
12 | | Practice Act of 1987. |
13 | | (40 ILCS 5/7-130.5 new) |
14 | | Sec. 7-130.5. Physician assistant. "Physician assistant": |
15 | | a person licensed under the Physician Assistant Practice Act |
16 | | of 1987. |
17 | | (40 ILCS 5/7-145.1) |
18 | | Sec. 7-145.1. Alternative annuity for county officers. |
19 | | (a) The benefits provided in this Section and Section |
20 | | 7-145.2 are available only if, prior to the effective date of |
21 | | this amendatory Act of the 97th General Assembly, the county |
22 | | board has filed with the Board of the Fund a resolution or |
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1 | | ordinance expressly consenting to the availability of these |
2 | | benefits for its elected county officers. The county board's |
3 | | consent is irrevocable with respect to persons participating |
4 | | in the program, but may be revoked at any time with respect to |
5 | | persons who have not paid an additional optional contribution |
6 | | under this Section before the date of revocation. |
7 | | An elected county officer may elect to establish |
8 | | alternative credits for an alternative annuity by electing in |
9 | | writing before the effective date of this amendatory Act of |
10 | | the 97th General Assembly to make additional optional |
11 | | contributions in accordance with this Section and procedures |
12 | | established by the board. These alternative credits are |
13 | | available only for periods of service as an elected county |
14 | | officer. The elected county officer may discontinue making the |
15 | | additional optional contributions by notifying the Fund in |
16 | | writing in accordance with this Section and procedures |
17 | | established by the board. |
18 | | Additional optional contributions for the alternative |
19 | | annuity shall be as follows: |
20 | | (1) For service as an elected county officer after the |
21 | | option is elected, an additional contribution of 3% of |
22 | | salary shall be contributed to the Fund on the same basis |
23 | | and under the same conditions as contributions required |
24 | | under Section 7-173. |
25 | | (2) For service as an elected county officer before |
26 | | the option is elected, an additional contribution of 3% of |
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1 | | the salary for the applicable period of service, plus |
2 | | interest at the effective rate from the date of service to |
3 | | the date of payment, plus any additional amount required |
4 | | by the county board under paragraph (3). All payments for |
5 | | past service must be paid in full before credit is given. |
6 | | Payment must be received by the Board while the member is |
7 | | an active participant, except that one payment will be |
8 | | permitted after termination of participation. |
9 | | (3) With respect to service as an elected county |
10 | | officer before the option is elected, if payment is made |
11 | | after the county board has filed with the Board of the Fund |
12 | | a resolution or ordinance requiring an additional |
13 | | contribution under this paragraph, then the contribution |
14 | | required under paragraph (2) shall include an amount to be |
15 | | determined by the Fund, equal to the actuarial present |
16 | | value of the additional employer cost that would otherwise |
17 | | result from the alternative credits being established for |
18 | | that service. A county board's resolution or ordinance |
19 | | requiring additional contributions under this paragraph |
20 | | (3) is irrevocable. Payment must be received by the Board |
21 | | while the member is an active participant, except that one |
22 | | payment will be permitted after termination of |
23 | | participation. |
24 | | No additional optional contributions may be made for any |
25 | | period of service for which credit has been previously |
26 | | forfeited by acceptance of a refund, unless the refund is |
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1 | | repaid in full with interest at the effective rate from the |
2 | | date of refund to the date of repayment. |
3 | | (b) In lieu of the retirement annuity otherwise payable |
4 | | under this Article, an elected county officer who (1) has |
5 | | elected to participate in the Fund and make additional |
6 | | optional contributions in accordance with this Section, (2) |
7 | | has held and made additional optional contributions with |
8 | | respect to the same elected county office for at least 8 years, |
9 | | and (3) has attained age 55 with at least 8 years of service |
10 | | credit (or has attained age 50 with at least 20 years of |
11 | | service as a sheriff's law enforcement employee) may elect to |
12 | | have his retirement annuity computed as follows: 3% of the |
13 | | participant's salary for each of the first 8 years of service |
14 | | credit, plus 4% of that salary for each of the next 4 years of |
15 | | service credit, plus 5% of that salary for each year of service |
16 | | credit in excess of 12 years, subject to a maximum of 80% of |
17 | | that salary. |
18 | | This formula applies only to service in an elected county |
19 | | office that the officer held for at least 8 years, and only to |
20 | | service for which additional optional contributions have been |
21 | | paid under this Section. If an elected county officer |
22 | | qualifies to have this formula applied to service in more than |
23 | | one elected county office, the qualifying service shall be |
24 | | accumulated for purposes of determining the applicable accrual |
25 | | percentages, but the salary used for each office shall be the |
26 | | separate salary calculated for that office, as defined in |
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1 | | subsection (g). |
2 | | To the extent that the elected county officer has service |
3 | | credit that does not qualify for this formula, his retirement |
4 | | annuity will first be determined in accordance with this |
5 | | formula with respect to the service to which this formula |
6 | | applies, and then in accordance with the remaining Sections of |
7 | | this Article with respect to the service to which this formula |
8 | | does not apply. |
9 | | (c) In lieu of the disability benefits otherwise payable |
10 | | under this Article, an elected county officer who (1) has |
11 | | elected to participate in the Fund, and (2) has become |
12 | | permanently disabled and as a consequence is unable to perform |
13 | | the duties of his office, and (3) was making optional |
14 | | contributions in accordance with this Section at the time the |
15 | | disability was incurred, may elect to receive a disability |
16 | | annuity calculated in accordance with the formula in |
17 | | subsection (b). For the purposes of this subsection, an |
18 | | elected county officer shall be considered permanently |
19 | | disabled only if: (i) disability occurs while in service as an |
20 | | elected county officer and is of such a nature as to prevent |
21 | | him from reasonably performing the duties of his office at the |
22 | | time; and (ii) the board has received a written certification |
23 | | by at least 2 health care professionals licensed physicians |
24 | | appointed by it stating that the officer is disabled and that |
25 | | the 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 |
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 |
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.) |
10 | | (40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146) |
11 | | Sec. 7-146. Temporary disability benefits; eligibility |
12 | | benefits - Eligibility . Temporary disability benefits shall be |
13 | | payable to participating employees as hereinafter provided. |
14 | | (a) The participating employee shall be considered |
15 | | temporarily disabled if: |
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; |
22 | | 2. The Board has received written certifications from |
23 | | at least one health care professional licensed and |
24 | | practicing physician and the governing body of the |
25 | | employing municipality or instrumentality thereof or |
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1 | | participating instrumentality stating that the employee |
2 | | meets the conditions set forth in subparagraph 1 of this |
3 | | paragraph (a). |
4 | | (b) A temporary disability benefit shall be payable to a |
5 | | temporarily disabled employee provided: |
6 | | 1. He: |
7 | | (i) has at least one year of service immediately |
8 | | preceding the date the temporary disability was |
9 | | incurred and has made contributions to the fund for at |
10 | | least the number of months of service normally |
11 | | required in his position during a 12-month period, or |
12 | | has at least 5 years of service credit, the last year |
13 | | of which immediately precedes such date; or |
14 | | (ii) had qualified under clause (i) above, but had |
15 | | an interruption in service of not more than 3 months in |
16 | | the 12 months preceding the date the temporary |
17 | | disability was incurred and was not paid a separation |
18 | | benefit; or |
19 | | (iii) had qualified under clause (i) above, but |
20 | | had an interruption after 20 or more years of |
21 | | creditable service, was not paid a separation benefit, |
22 | | and returned to service prior to the date the |
23 | | disability was incurred. |
24 | | Item (iii) of this subdivision shall apply to all |
25 | | employees whose disabilities were incurred on or after |
26 | | July 1, 1985, and any such employee who becomes eligible |
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1 | | for a disability benefit under item (iii) shall be |
2 | | entitled to receive a lump sum payment of any accumulated |
3 | | disability benefits which may accrue from the date the |
4 | | disability was incurred until the effective date of this |
5 | | amendatory Act of 1987. |
6 | | Periods of qualified leave granted in compliance with |
7 | | the federal Family and Medical Leave Act shall be ignored |
8 | | for purposes of determining the number of consecutive |
9 | | months of employment under this subdivision (b)1. |
10 | | 2. He has been temporarily disabled for at least 30 |
11 | | days, except where a former temporary or permanent and |
12 | | total disability has reoccurred within 6 months after the |
13 | | employee has returned to service. |
14 | | 3. He is receiving no earnings from a participating |
15 | | municipality or instrumentality thereof or participating |
16 | | instrumentality, except as allowed under subsection (f) of |
17 | | Section 7-152. |
18 | | 4. He has not refused to submit to a reasonable |
19 | | physical examination by a health care professional |
20 | | physician appointed by the Board. |
21 | | 5. His disability is not the result of a mental or |
22 | | physical condition which existed on the earliest date of |
23 | | service from which he has uninterrupted service, including |
24 | | prior service, at the date of his disability, provided |
25 | | that this limitation is not applicable if the date of |
26 | | disability is after December 31, 2001, nor is it |
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1 | | applicable to a participating employee who: (i) on the |
2 | | date of disability has 5 years of creditable service, |
3 | | exclusive of creditable service for periods of disability; |
4 | | or (ii) received no medical treatment for the condition |
5 | | for the 3 years immediately prior to such earliest date of |
6 | | service. |
7 | | 6. He is not separated from the service of the |
8 | | participating municipality or instrumentality thereof or |
9 | | participating instrumentality which employed him on the |
10 | | date his temporary disability was incurred; for the |
11 | | purposes of payment of temporary disability benefits, a |
12 | | participating employee, whose employment relationship is |
13 | | terminated by his employing municipality, shall be deemed |
14 | | not to be separated from the service of his employing |
15 | | municipality or participating instrumentality if he |
16 | | continues disabled by the same condition and so long as he |
17 | | is otherwise entitled to such disability benefit. |
18 | | 7. He has not failed or refused to consent to and sign |
19 | | an authorization allowing the Board to receive copies of |
20 | | or to examine his medical and hospital records. |
21 | | 8. He has not failed or refused to provide complete |
22 | | information regarding any other employment for |
23 | | compensation he has received since becoming disabled. |
24 | | (Source: P.A. 101-151, eff. 7-26-19.) |
25 | | (40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149) |
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1 | | Sec. 7-149. Temporary disability benefits; periodic |
2 | | benefits-Periodic checks. |
3 | | The Board shall conduct periodic checks to determine if |
4 | | any participating employee is disabled. Such checks may |
5 | | consist of periodic examinations by one or more health care |
6 | | professionals a physician or physicians appointed by the |
7 | | Board, requiring the employee to submit evidence of continuing |
8 | | disability and such other investigations as the Board may deem |
9 | | appropriate. The following shall constitute prima facie |
10 | | prima-facie evidence of termination of temporary disability: |
11 | | (a) A written report by a health care professional |
12 | | physician appointed by the Board stating that the temporary |
13 | | disability has ceased; |
14 | | (b) The earning of compensation by the employee from any |
15 | | source for personal services, in excess of 25% of the monthly |
16 | | rate of earnings upon which his disability benefits are based. |
17 | | (Source: Laws 1965, p. 1086.) |
18 | | (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150) |
19 | | Sec. 7-150. Total and permanent disability benefits; |
20 | | eligibility benefits - Eligibility . Total and permanent |
21 | | disability benefits shall be payable to participating |
22 | | employees as hereinafter provided, including those employees |
23 | | receiving disability benefit on July 1, 1962. |
24 | | (a) A participating employee shall be considered totally |
25 | | and permanently disabled if: |
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1 | | 1. He is unable to engage in any gainful activity |
2 | | because of any medically determinable physical or mental |
3 | | impairment which can be expected to result in death or be |
4 | | of a long continued and indefinite duration, other than as |
5 | | a result of self-inflicted injury or addiction to narcotic |
6 | | drugs; |
7 | | 2. The Board has received a written certification by |
8 | | at least one health care professional 1 licensed and |
9 | | practicing physician stating that the employee meets the |
10 | | qualifications of subparagraph 1 of this paragraph (a). |
11 | | (b) A totally and permanently disabled employee is |
12 | | entitled to a permanent disability benefit provided: |
13 | | 1. He has exhausted his temporary disability benefits. |
14 | | 2. He: |
15 | | (i) has at least one year of service immediately |
16 | | preceding the date the disability was incurred and has |
17 | | made contributions to the fund for at least the number |
18 | | of months of service normally required in his position |
19 | | during a 12 month period, or has at least 5 years of |
20 | | service credit, the last year of which immediately |
21 | | preceded the date the disability was incurred; or |
22 | | (ii) had qualified under clause (i) above, but had |
23 | | an interruption in service of not more than 3 months in |
24 | | the 12 months preceding the date the temporary |
25 | | disability was incurred and was not paid a separation |
26 | | benefit; or |
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1 | | (iii) had qualified under clause (i) above, but |
2 | | had an interruption after 20 or more years of |
3 | | creditable service, was not paid a separation benefit, |
4 | | and returned to service prior to the date the |
5 | | disability was incurred. |
6 | | Item (iii) of this subdivision shall apply to all |
7 | | employees whose disabilities were incurred on or after |
8 | | July 1, 1985, and any such employee who becomes eligible |
9 | | for a disability benefit under item (iii) shall be |
10 | | entitled to receive a lump sum payment of any accumulated |
11 | | disability benefits which may accrue from the date the |
12 | | disability was incurred until the effective date of this |
13 | | amendatory Act of 1987. |
14 | | Periods of qualified leave granted in compliance with |
15 | | the federal Family and Medical Leave Act shall be ignored |
16 | | for purposes of determining the number of consecutive |
17 | | months of employment under this subdivision (b)2. |
18 | | 3. He is receiving no earnings from a participating |
19 | | municipality or instrumentality thereof or participating |
20 | | instrumentality, except as allowed under subsection (f) of |
21 | | Section 7-152. |
22 | | 4. He has not refused to submit to a reasonable |
23 | | physical examination by a health care professional |
24 | | physician appointed by the Board. |
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 shall not be applicable to a |
4 | | participating employee who, without receiving a disability |
5 | | benefit, receives 5 years of creditable service. |
6 | | 6. He is not separated from the service of his |
7 | | employing participating municipality or instrumentality |
8 | | thereof or participating instrumentality on the date his |
9 | | temporary disability was incurred; for the purposes of |
10 | | payment of total and permanent disability benefits, a |
11 | | participating employee, whose employment relationship is |
12 | | terminated by his employing municipality, shall be deemed |
13 | | not to be separated from the service of his employing |
14 | | municipality or participating instrumentality if he |
15 | | continues disabled by the same condition and so long as he |
16 | | is otherwise entitled to such disability benefit. |
17 | | 7. He has not refused to apply for a disability |
18 | | benefit under the Federal Social Security Act at the |
19 | | request of the Board. |
20 | | 8. He has not failed or refused to consent to and sign |
21 | | an authorization allowing the Board to receive copies of |
22 | | or to examine his medical and hospital records. |
23 | | 9. He has not failed or refused to provide complete |
24 | | information regarding any other employment for |
25 | | compensation he has received since becoming disabled. |
26 | | (c) A participating employee shall remain eligible and may |
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1 | | make application for a total and permanent disability benefit |
2 | | within 90 days after the termination of his temporary |
3 | | disability benefits or within such longer period terminating |
4 | | at the end of the period during which his employing |
5 | | municipality is prevented from employing him by reason of any |
6 | | statutory prohibition. |
7 | | (Source: P.A. 101-151, eff. 7-26-19.) |
8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.". |