Full Text of HB3446 101st General Assembly
HB3446enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 7-146 and 7-150 as follows:
| 6 | | (40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)
| 7 | | Sec. 7-146. Temporary disability benefits - Eligibility. | 8 | | Temporary
disability benefits shall be payable to | 9 | | participating employees as
hereinafter provided.
| 10 | | (a) The participating employee shall be considered | 11 | | temporarily
disabled if:
| 12 | | 1. He is unable to perform the duties of any position | 13 | | which might
reasonably be assigned to him by his employing | 14 | | municipality or
instrumentality thereof or participating | 15 | | instrumentality due to mental
or physical disability | 16 | | caused by bodily injury or disease, other than as
a result | 17 | | of self-inflicted injury or addiction to narcotic drugs;
| 18 | | 2. The Board has received written certifications from | 19 | | at least one licensed and practicing physician and the | 20 | | governing body of the
employing municipality or | 21 | | instrumentality thereof or participating
instrumentality | 22 | | stating that the employee meets the conditions set forth
in | 23 | | subparagraph 1 of this paragraph (a).
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| 1 | | (b) A temporary disability benefit shall be payable to a | 2 | | temporarily
disabled employee provided:
| 3 | | 1. He:
| 4 | | (i) has at least one year of service immediately | 5 | | preceding the
date the temporary disability was | 6 | | incurred and has made contributions to
the fund for at | 7 | | least the number of months of service normally required
| 8 | | in his position during a 12-month period, or has at | 9 | | least 5 years of
service credit, the last year of which | 10 | | immediately precedes such date; or
| 11 | | (ii) had qualified under clause (i) above, but had | 12 | | an interruption in
service with the same participating | 13 | | municipality or participating
instrumentality of not | 14 | | more than 3 months in the 12 months preceding the date
| 15 | | the temporary disability was incurred and was not paid | 16 | | a separation benefit; or
| 17 | | (iii) had qualified under clause (i) above, but had | 18 | | an interruption
after 20 or more years of creditable | 19 | | service, was not paid a separation
benefit, and | 20 | | returned to service prior to the date the disability | 21 | | was incurred.
| 22 | | Item (iii) of this subdivision shall apply to all | 23 | | employees
whose disabilities were incurred on or after July | 24 | | 1, 1985, and any such
employee who becomes eligible for a | 25 | | disability benefit under item
(iii) shall be entitled to | 26 | | receive a lump sum payment of any accumulated
disability |
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| 1 | | benefits which may accrue from the date the disability was
| 2 | | incurred until the effective date of this amendatory Act of | 3 | | 1987.
| 4 | | Periods of qualified leave granted in compliance with | 5 | | the federal Family
and Medical Leave Act shall be ignored | 6 | | for purposes of determining the number
of consecutive | 7 | | months of employment under this subdivision (b)1.
| 8 | | 2. He has been temporarily disabled for at least 30 | 9 | | days, except
where a former temporary or permanent and | 10 | | total disability has
reoccurred within 6 months after the | 11 | | employee has returned
to service.
| 12 | | 3. He is receiving no earnings from a participating | 13 | | municipality or
instrumentality thereof or participating | 14 | | instrumentality, except as
allowed under subsection (f) of | 15 | | Section 7-152.
| 16 | | 4. He has not refused to submit to a reasonable | 17 | | physical examination
by a physician appointed by the Board.
| 18 | | 5. His disability is not the result of a mental or | 19 | | physical
condition which existed on the earliest date of | 20 | | service from which he
has uninterrupted service, including | 21 | | prior service, at the date of his
disability, provided that | 22 | | this limitation is not applicable if the date of
disability | 23 | | is after December 31, 2001, nor is it applicable
to a | 24 | | participating employee who: (i) on the date of disability | 25 | | has 5 years
of creditable service, exclusive of creditable | 26 | | service for periods of
disability; or (ii) received no |
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| 1 | | medical treatment for the condition for the 3
years | 2 | | immediately prior to such earliest date of service.
| 3 | | 6. He is not separated from the service of the | 4 | | participating
municipality or instrumentality thereof or | 5 | | participating instrumentality
which employed him on the | 6 | | date his temporary disability was incurred;
for the | 7 | | purposes of payment of temporary disability benefits, a
| 8 | | participating employee, whose employment relationship is | 9 | | terminated by
his employing municipality, shall be deemed | 10 | | not to be separated from the
service of his employing | 11 | | municipality or participating instrumentality
if he | 12 | | continues disabled by the same condition and so long as he | 13 | | is
otherwise entitled to such disability benefit.
| 14 | | 7. He has not failed or refused to consent to and sign | 15 | | an authorization allowing the Board to receive copies of or | 16 | | to examine his medical and hospital records. | 17 | | 8. He has not failed or refused to provide complete | 18 | | information regarding any other employment for | 19 | | compensation he has received since becoming disabled. | 20 | | (Source: P.A. 97-415, eff. 8-16-11; 98-218, eff. 8-9-13.)
| 21 | | (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
| 22 | | Sec. 7-150. Total and permanent disability benefits - | 23 | | Eligibility. Total and permanent disability benefits shall be | 24 | | payable to
participating employees as hereinafter provided, | 25 | | including those
employees receiving disability benefit on July |
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| 1 | | 1, 1962.
| 2 | | (a) A participating employee shall be considered totally | 3 | | and
permanently disabled if:
| 4 | | 1. He is unable to engage in any gainful activity | 5 | | because of any
medically determinable physical or mental | 6 | | impairment which can be
expected to result in death or be | 7 | | of a long continued and indefinite
duration, other than as | 8 | | a result of self-inflicted
injury or addiction to narcotic | 9 | | drugs;
| 10 | | 2. The Board has received a written certification by at | 11 | | least 1
licensed and practicing physician stating that the | 12 | | employee meets the
qualifications of subparagraph 1 of this | 13 | | paragraph (a).
| 14 | | (b) A totally and permanently disabled employee is entitled | 15 | | to a
permanent disability benefit provided:
| 16 | | 1. He has exhausted his temporary disability benefits.
| 17 | | 2. He:
| 18 | | (i) has at least one year of service immediately | 19 | | preceding the
date the disability was incurred and has | 20 | | made contributions to the fund
for at least the number | 21 | | of months of service normally required in his
position | 22 | | during a 12 month period, or has at least 5 years of | 23 | | service
credit, the last year of which immediately | 24 | | preceded the date the
disability was incurred; or
| 25 | | (ii) had qualified under clause (i) above, but had | 26 | | an interruption in
service with the same participating |
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| 1 | | municipality or participating
instrumentality of not | 2 | | more than 3 months in the 12 months preceding the date
| 3 | | the temporary disability was incurred and was not paid | 4 | | a separation benefit; or
| 5 | | (iii) had qualified under clause (i) above, but had | 6 | | an interruption
after 20 or more years of creditable | 7 | | service, was not paid a separation
benefit, and | 8 | | returned to service prior to the date the disability | 9 | | was incurred.
| 10 | | Item (iii) of this subdivision shall apply to all | 11 | | employees
whose disabilities were incurred on or after July | 12 | | 1, 1985, and any such
employee who becomes eligible for a | 13 | | disability benefit under item
(iii) shall be entitled to | 14 | | receive a lump sum payment of any accumulated
disability | 15 | | benefits which may accrue from the date the disability was
| 16 | | incurred until the effective date of this amendatory Act of | 17 | | 1987.
| 18 | | Periods of qualified leave granted in compliance with | 19 | | the federal Family
and Medical Leave Act shall be ignored | 20 | | for purposes of determining the number
of consecutive | 21 | | months of employment under this subdivision (b)2.
| 22 | | 3. He is receiving no earnings from a participating | 23 | | municipality or
instrumentality thereof or participating | 24 | | instrumentality, except as
allowed under subsection (f) of | 25 | | Section 7-152.
| 26 | | 4. He has not refused to submit to a reasonable |
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| 1 | | physical examination
by a physician appointed by the Board.
| 2 | | 5. His disability is not the result of a mental or | 3 | | physical
condition which existed on the earliest date of | 4 | | service from which he
has uninterrupted service, including | 5 | | prior service, at the date of his
disability, provided that | 6 | | this limitation shall not be applicable to a
participating | 7 | | employee who, without receiving a disability benefit,
| 8 | | receives 5 years of creditable service.
| 9 | | 6. He is not separated from the service of his | 10 | | employing
participating municipality or instrumentality | 11 | | thereof or participating
instrumentality on the date his | 12 | | temporary disability was incurred; for
the purposes of | 13 | | payment of total and permanent disability benefits, a
| 14 | | participating employee, whose employment relationship is | 15 | | terminated by
his employing municipality, shall be deemed | 16 | | not to be separated from the
service of his employing | 17 | | municipality or participating instrumentality
if he | 18 | | continues disabled by the same condition and so long as he | 19 | | is
otherwise entitled to such disability benefit.
| 20 | | 7. He has not refused to apply for a disability benefit | 21 | | under the
Federal Social Security Act at the request of the | 22 | | Board. | 23 | | 8. He has not failed or refused to consent to and sign | 24 | | an authorization allowing the Board to receive copies of or | 25 | | to examine his medical and hospital records. | 26 | | 9. He has not failed or refused to provide complete |
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| 1 | | information regarding any other employment for | 2 | | compensation he has received since becoming disabled.
| 3 | | (c) A participating employee shall remain eligible and may | 4 | | make
application for a total and permanent disability benefit | 5 | | within 90 days
after the termination of his temporary | 6 | | disability benefits or within
such longer period terminating at | 7 | | the end of the period during which his
employing municipality | 8 | | is prevented from employing him by reason of any
statutory | 9 | | prohibition.
| 10 | | (Source: P.A. 97-415, eff. 8-16-11.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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