Full Text of HB4579 102nd General Assembly
HB4579 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4579 Introduced 1/21/2022, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/13-209.5 new | | 40 ILCS 5/13-309 | from Ch. 108 1/2, par. 13-309 | 40 ILCS 5/13-310 | from Ch. 108 1/2, par. 13-310 | 40 ILCS 5/13-314 | from Ch. 108 1/2, par. 13-314 |
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Amends the Metropolitan Water Reclamation District Article of the Illinois Pension Code. In provisions concerning disability determinations, allows licensed health care professionals (rather than just physicians) to make certain disability determinations. Defines "licensed health care professional". Effective immediately.
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| | A BILL FOR |
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| | | HB4579 | | LRB102 23845 RPS 33038 b |
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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 | 5 | | changing Sections 13-309, 13-310, and 13-314 and by adding | 6 | | Section 13-209.5 as follows: | 7 | | (40 ILCS 5/13-209.5 new) | 8 | | Sec. 13-209.5. "Licensed health care professional": Any | 9 | | individual who has obtained a license through the Department | 10 | | of Financial and Professional Regulation under the Medical | 11 | | Practice Act of 1987, under the Physician Assistant Practice | 12 | | Act of 1987, or under the Clinical Psychologist Licensing Act | 13 | | or an advanced practice registered nurse licensed under the | 14 | | Nurse Practice Act.
| 15 | | (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
| 16 | | Sec. 13-309. Duty disability benefit.
| 17 | | (a) Any employee who becomes disabled, which disability is | 18 | | the result of an
injury or illness compensable under the | 19 | | Illinois Workers' Compensation Act or
the Illinois Workers' | 20 | | Occupational Diseases Act, is entitled to a duty
disability | 21 | | benefit during the period of disability for which the employee | 22 | | does
not receive any part of salary, or any part of a |
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| 1 | | retirement annuity under this
Article; except that in the case | 2 | | of an employee who first enters service on or
after June 13, | 3 | | 1997 and becomes disabled before August 18, 2005 (the | 4 | | effective date of Public Act 94-621), a duty disability
| 5 | | benefit is not payable for the first 3 days of disability that | 6 | | would otherwise
be payable under this Section if the | 7 | | disability does not continue for at least
11 additional days. | 8 | | The changes made to this Section by Public Act 94-621 are | 9 | | prospective only and do not entitle an employee to a duty | 10 | | disability benefit for the first 3 days of any disability that | 11 | | occurred before that effective date and did not continue for | 12 | | at least 11 additional days. This benefit shall be 75% of | 13 | | salary at the date disability
begins. However, if the | 14 | | disability in any measure resulted from any physical
defect or | 15 | | disease which existed at the time such injury was sustained or | 16 | | such
illness commenced, the duty disability benefit shall be | 17 | | 50% of salary.
| 18 | | Unless the employer acknowledges that the disability is a | 19 | | result of
injury or illness compensable under the Workers' | 20 | | Compensation Act or the
Workers' Occupational Diseases Act, | 21 | | the duty disability benefit shall
not be payable until the | 22 | | issue of compensability under those Acts is finally
| 23 | | adjudicated. The period of disability shall be as determined | 24 | | by the Illinois
Workers' Compensation Commission or | 25 | | acknowledged by the employer.
| 26 | | An employee in service before June 13, 1997 shall also |
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| 1 | | receive a child's disability
benefit during the period of | 2 | | disability of $10 per month for each
unmarried natural or | 3 | | adopted child of the employee under
18 years of age.
| 4 | | The first payment shall be made not later than one month | 5 | | after the
benefit is granted, and subsequent payments shall be | 6 | | made at least monthly.
The Board shall by rule prescribe for | 7 | | the payment of such benefits on the
basis of the amount of | 8 | | salary lost during the period of disability.
| 9 | | (b) The benefit shall be allowed only if all of the | 10 | | following requirements are
met by the employee:
| 11 | | (1) Application is made to the Board.
| 12 | | (2) A medical report is submitted by at least one | 13 | | licensed health care professional licensed and
practicing | 14 | | physician as part of the employee's application.
| 15 | | (3) The employee is examined by at least one licensed | 16 | | health care professional and practicing
physician | 17 | | appointed by the Board and found to be in a disabled | 18 | | physical
condition, and shall be re-examined at least | 19 | | annually thereafter during the
continuance of disability. | 20 | | The employee need not be examined by a
licensed health | 21 | | care professional and practicing physician appointed by | 22 | | the Board if the attorney for the district
certifies in | 23 | | writing that the employee is entitled to receive | 24 | | compensation
under the Workers' Compensation Act or the | 25 | | Workers' Occupational Diseases Act. The Board may require | 26 | | other evidence of disability.
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| 1 | | (c) The benefit shall terminate when:
| 2 | | (1) The employee returns to work or receives a | 3 | | retirement annuity paid
wholly or in part under this | 4 | | Article;
| 5 | | (2) The disability ceases;
| 6 | | (3) The employee attains age 65, but if the employee | 7 | | becomes disabled at
age 60 or later, benefits may be | 8 | | extended for a period of no
more than 5 years after
| 9 | | disablement;
| 10 | | (4) The employee (i) refuses to submit to reasonable | 11 | | examinations by licensed health care professionals
| 12 | | physicians or other health professionals appointed by the | 13 | | Board, (ii) fails
or refuses to consent to and sign an | 14 | | authorization allowing the Board to
receive copies of or | 15 | | to examine the employee's medical and hospital records,
or | 16 | | (iii) fails or refuses to provide complete information | 17 | | regarding any other
employment for compensation he or she | 18 | | has received since becoming disabled;
or
| 19 | | (5) The employee willfully and continuously refuses to | 20 | | follow medical advice and treatment to enable the employee | 21 | | to return to
work. However this provision does not apply | 22 | | to an employee who relies in good
faith on treatment by | 23 | | prayer through spiritual means alone in accordance with
| 24 | | the tenets and practice of a recognized church or | 25 | | religious denomination, by a
duly accredited practitioner | 26 | | thereof.
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| 1 | | In the case of a duty disability recipient who returns to | 2 | | work, the employee
must make application to the Retirement | 3 | | Board within 2 years from the date the
employee last received | 4 | | duty disability benefits in order to become again
entitled to | 5 | | duty disability benefits based on the injury for which a duty
| 6 | | disability benefit was theretofore paid.
| 7 | | (Source: P.A. 95-586, eff. 8-31-07; 96-251, eff. 8-11-09.)
| 8 | | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
| 9 | | Sec. 13-310. Ordinary disability benefit.
| 10 | | (a) Any employee who becomes disabled as the result of
any | 11 | | cause other than injury or illness incurred in the performance | 12 | | of duty
for the employer or any other employer, or while | 13 | | engaged in self-employment
activities, shall be entitled to an | 14 | | ordinary disability benefit. The
eligible period for this | 15 | | benefit shall be 25% of the employee's total
actual service | 16 | | prior to the date of disability with a cumulative maximum
| 17 | | period of 5 years.
| 18 | | (b) The benefit shall be allowed only if the employee | 19 | | files an
application in writing with the Board, and a medical | 20 | | report is submitted by
at least one licensed health care | 21 | | professional and practicing physician as part of the | 22 | | employee's
application.
| 23 | | The benefit is not payable for any disability which begins | 24 | | during any
period of unpaid leave of absence. No benefit shall | 25 | | be allowed for any
period of disability prior to 30 days before |
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| 1 | | application is made, unless
the Board finds good cause for the | 2 | | delay in filing the application. The
benefit shall not be paid | 3 | | during any period for which the employee receives
or is | 4 | | entitled to receive any part of salary.
| 5 | | The benefit is not payable for any disability which begins | 6 | | during any
period of absence from duty other than allowable | 7 | | vacation time in any
calendar year. An employee whose | 8 | | disability begins during any such
ineligible period of absence | 9 | | from service may not receive benefits until
the employee | 10 | | recovers from the disability and is in service for at least 15
| 11 | | consecutive working days after such recovery.
| 12 | | In the case of an employee who first enters service on or | 13 | | after June 13,
1997, an ordinary disability benefit
is not | 14 | | payable for the first 3 days of disability that would | 15 | | otherwise be
payable under this Section if the disability does | 16 | | not continue for at least 11
additional days.
| 17 | | Beginning on the effective date of this amendatory Act of | 18 | | the 94th General Assembly, an employee who first entered | 19 | | service on or after June 13, 1997 is also eligible for ordinary | 20 | | disability benefits on the 31st day after the last day worked, | 21 | | provided all sick leave is exhausted.
| 22 | | (c) The benefit shall be 50% of the employee's salary at | 23 | | the date of
disability, and shall terminate when the earliest | 24 | | of the following occurs:
| 25 | | (1) The employee returns to work or receives a | 26 | | retirement annuity paid
wholly or in part under this |
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| 1 | | Article;
| 2 | | (2) The disability ceases;
| 3 | | (3) The employee willfully and continuously refuses to | 4 | | follow medical
advice and treatment to enable the employee | 5 | | to return to
work. However this provision does not apply | 6 | | to an employee who relies in good
faith on treatment by | 7 | | prayer through spiritual means alone in accordance with
| 8 | | the tenets and practice of a recognized church or | 9 | | religious denomination, by a
duly accredited practitioner | 10 | | thereof;
| 11 | | (4) The employee (i) refuses to submit to a reasonable | 12 | | physical
examination within 30 days of application by a | 13 | | licensed health care professional physician appointed by | 14 | | the
Board, (ii) in the case of chronic alcoholism, the | 15 | | employee refuses
to join a rehabilitation program licensed | 16 | | by the Department of Public Health of
the State of | 17 | | Illinois and certified by the Joint Commission on the
| 18 | | Accreditation of Hospitals, (iii) fails or refuses to | 19 | | consent to and sign an
authorization allowing the Board to | 20 | | receive copies of or to examine the
employee's medical and | 21 | | hospital records, or (iv) fails or refuses to provide
| 22 | | complete information regarding any other employment for | 23 | | compensation he or she
has received since becoming | 24 | | disabled; or
| 25 | | (5) The eligible period for this benefit has been | 26 | | exhausted.
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| 1 | | The first payment of the benefit shall be made not later | 2 | | than one month
after the same has been granted, and subsequent | 3 | | payments shall be made at least monthly.
| 4 | | (Source: P.A. 102-210, eff. 7-30-21.)
| 5 | | (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| 6 | | Sec. 13-314. Alternative provisions for Water Reclamation | 7 | | District
commissioners.
| 8 | | (a) Transfer of credits. Any Water Reclamation District | 9 | | commissioner
elected by vote of the people and who has elected | 10 | | to participate in this
Fund may transfer to this Fund credits | 11 | | and creditable service accumulated
under any other pension | 12 | | fund or retirement system established under
Articles 2 through | 13 | | 18 of this Code, upon payment to the Fund of (1) the
amount by | 14 | | which the employer and employee contributions that would have
| 15 | | been required if he had participated in this Fund during the | 16 | | period for
which credit is being transferred, plus interest, | 17 | | exceeds the amounts
actually transferred from such other fund | 18 | | or system to this Fund, plus (2)
interest thereon at 6% per | 19 | | year compounded annually from the date of
transfer to the date | 20 | | of payment.
| 21 | | (b) Alternative annuity. Any participant commissioner may | 22 | | elect to
establish alternative credits for an alternative | 23 | | annuity by electing in
writing to make additional optional | 24 | | contributions in accordance with this
Section and procedures | 25 | | established by the Board. Unless and until such
time as the |
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| 1 | | U.S. Internal Revenue Service or the federal courts provide a
| 2 | | favorable ruling as described in Section 13-502(f), a
| 3 | | commissioner
may discontinue making the additional optional | 4 | | contributions by notifying the
Fund in writing in accordance | 5 | | with this Section and procedures established
by the Board.
| 6 | | Additional optional contributions for the alternative | 7 | | annuity shall be
as follows:
| 8 | | (1) For service after the option is elected, an | 9 | | additional contribution
of 3% of salary shall be | 10 | | contributed to the Fund on the same basis and
under the | 11 | | same conditions as contributions required under Section | 12 | | 13-502.
| 13 | | (2) For contributions on past service, the additional | 14 | | contribution shall
be 3% of the salary for the
applicable | 15 | | period of service, plus interest at the annual rate from | 16 | | time to
time as determined by the Board, compounded | 17 | | annually from the date of service
to the date of payment. | 18 | | Contributions for service before the option is
elected may | 19 | | be made in a lump sum payment to the Fund or by | 20 | | contributing to the
Fund on the same basis and under the | 21 | | same conditions as contributions required
under Section | 22 | | 13-502.
All payments for past service must be paid in full | 23 | | before credit
is given. No additional optional | 24 | | contributions may be made for any period
of service for | 25 | | which credit has been previously forfeited by acceptance | 26 | | of
a refund, unless the refund is repaid in full with |
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| 1 | | interest at the rate
specified in Section 13-603, from the | 2 | | date of refund to the date of repayment.
| 3 | | In lieu of the retirement annuity otherwise payable under | 4 | | this Article,
any commissioner who has elected to participate | 5 | | in the Fund and make
additional optional contributions in | 6 | | accordance with this Section,
has attained age 55, and has at | 7 | | least 6 years of service
credit, may elect to have the | 8 | | retirement annuity computed as follows: 3% of
the | 9 | | participant's average final salary as a commissioner for each | 10 | | of
the first 8 years of service credit, plus 4% of such salary | 11 | | for each of the
next 4 years of service credit, plus 5% of such | 12 | | salary for each year of
service credit in excess of 12 years, | 13 | | subject to a maximum of 80% of such
salary. To the extent such | 14 | | commissioner has made additional optional
contributions with | 15 | | respect to only a portion of years of service credit,
the | 16 | | retirement annuity will first be determined in accordance with | 17 | | this
Section to the extent such additional optional | 18 | | contributions were made, and
then in accordance with the | 19 | | remaining Sections of this Article to the
extent of years of | 20 | | service credit with respect to which additional optional
| 21 | | contributions were not made. The change in minimum retirement | 22 | | age (from
60 to 55) made by Public Act 87-1265 applies to | 23 | | persons who begin
receiving a retirement annuity under this | 24 | | Section on or after January 25, 1993 (the effective
date of | 25 | | Public Act 87-1265), without regard to whether they are in | 26 | | service
on or after that date.
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| 1 | | (c) Disability benefits. In lieu of the disability | 2 | | benefits otherwise
payable under this Article, any | 3 | | commissioner who (1) has elected to
participate in the Fund, | 4 | | and (2) has become permanently disabled and as a
consequence | 5 | | is unable to perform the duties of office, and (3) was making
| 6 | | optional contributions in accordance with this Section at the | 7 | | time the
disability was incurred, may elect to receive a | 8 | | disability annuity
calculated in accordance with the formula | 9 | | in subsection (b). For the
purposes of this subsection, such | 10 | | commissioner shall be
considered permanently disabled only if: | 11 | | (i) disability occurs while in
service as a commissioner and | 12 | | is of such a nature as to prevent the
reasonable performance of | 13 | | the duties of office at the time; and (ii) the
Board has | 14 | | received a written certification by at least 2 licensed health | 15 | | care professionals
physicians appointed by it stating that | 16 | | such commissioner is disabled and
that the disability is | 17 | | likely to be permanent.
| 18 | | (d) Alternative survivor's benefits. In lieu of the
| 19 | | survivor's benefits otherwise payable under this Article, the | 20 | | spouse or
eligible child of any deceased commissioner who (1) | 21 | | had elected to
participate in the Fund, and (2) was either | 22 | | making (or had already made) additional optional
contributions | 23 | | on the date of death, or was receiving an annuity calculated
| 24 | | under this Section at the time of death, may elect to receive | 25 | | an annuity
beginning on the date of the commissioner's death, | 26 | | provided that the spouse
and commissioner must have been |
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| 1 | | married on the date of the last termination
of a service as | 2 | | commissioner and for a continuous period of at least one
year | 3 | | immediately preceding death.
| 4 | | The annuity shall be payable beginning on the date of the | 5 | | commissioner's
death if the spouse is then age 50 or over, or | 6 | | beginning at age 50 if the
age of the spouse is less than 50 | 7 | | years. If a minor unmarried child or
children of the | 8 | | commissioner, under age 18 (age 23 in the case of a full-time | 9 | | student), also survive, and the child or
children are under | 10 | | the care of the eligible spouse, the annuity shall begin
as of | 11 | | the date of death of the commissioner without regard to the | 12 | | spouse's age.
Beginning on the first day of the month | 13 | | following the month in which this amendatory Act of the 96th | 14 | | General Assembly takes effect, benefits shall begin on the | 15 | | first of the month following the commissioner's date of death | 16 | | if the spouse is then age 50 or over or, if a minor unmarried | 17 | | child or children of the commissioner, under age 18 (age 23 in | 18 | | the case of a full time student), also survive, and the child | 19 | | or children are under the care of the eligible spouse. The | 20 | | benefit is payable for the full month if the annuitant was | 21 | | alive on the first day of the month.
| 22 | | The annuity to a spouse shall be the greater of (i) 66 2/3% | 23 | | of the amount of retirement
annuity earned by the commissioner | 24 | | on the date of death, subject to a
minimum payment of 10% of | 25 | | salary, provided that if an eligible spouse,
regardless of | 26 | | age, has in his or her care at the date of death of the
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| 1 | | commissioner any unmarried child or children of the | 2 | | commissioner under age
18, the minimum annuity shall be 30% of | 3 | | the commissioner's salary, plus 10%
of salary on account of | 4 | | each minor child of the commissioner, subject to a
combined | 5 | | total payment on account of a spouse and minor children not to
| 6 | | exceed 50% of the deceased commissioner's salary or (ii) for | 7 | | the spouse of a commissioner whose death occurs on or after | 8 | | August 18, 2005 (the effective date of Public Act 94-621), the | 9 | | surviving spouse annuity shall be computed in the same manner | 10 | | as described in Section 13-306(a). The number of total service | 11 | | years used to calculate the commissioner's annuity shall be | 12 | | the number of service years used to calculate the annuity for | 13 | | that commissioner's surviving spouse. In the event there shall
| 14 | | be no spouse of the commissioner surviving, or should a spouse | 15 | | die while
eligible minor children still survive the | 16 | | commissioner, each such child
shall be entitled to an annuity | 17 | | equal to 20% of salary of the commissioner
subject to a | 18 | | combined total payment on account of all such children not to
| 19 | | exceed 50% of salary of the commissioner. The salary to be used | 20 | | in the
calculation of these benefits shall be the same as that | 21 | | prescribed for
determining a retirement annuity as provided in | 22 | | subsection (b) of this Section.
| 23 | | Upon the death of a commissioner occurring after | 24 | | termination of a service
or while in receipt of a retirement | 25 | | annuity, the combined total payment to
a spouse and minor | 26 | | children, or to minor children alone if no eligible
spouse |
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| 1 | | survives, shall be limited to 85% of the amount of retirement
| 2 | | annuity earned by the commissioner.
| 3 | | Marriage of a child or attainment of age 18 (age 23 in the | 4 | | case of a full-time student), whichever first occurs,
shall | 5 | | render the child ineligible for further consideration in the | 6 | | payment
of annuity to a spouse or in the increase in the amount | 7 | | thereof. Upon
attainment of ineligibility of the youngest | 8 | | minor child of the
commissioner, the annuity shall immediately | 9 | | revert to the amount payable
upon death of a commissioner | 10 | | leaving no minor children surviving. If the
spouse is under | 11 | | age 50 at such time, the annuity as revised shall be
deferred | 12 | | until such age is attained.
| 13 | | (e) Refunds. Refunds of additional optional contributions | 14 | | shall be made
on the same basis and under the same conditions | 15 | | as provided under Section
13-601. Interest shall be credited | 16 | | on the same basis and under the same
conditions as for other | 17 | | contributions.
| 18 | | Optional contributions shall be accounted for in a | 19 | | separate Commission's
Optional Contribution Reserve. Optional | 20 | | contributions under this Section
shall be included in the | 21 | | amount of employee contributions used to compute
the tax levy | 22 | | under Section 13-503.
| 23 | | (f) Effective date. The effective date of this plan of | 24 | | optional
alternative benefits and contributions shall be the | 25 | | date upon which
approval was received from the U.S. Internal | 26 | | Revenue Service. The plan of
optional alternative benefits and |
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| 1 | | contributions shall not be available to
any former employee | 2 | | receiving an annuity from the Fund on the effective
date, | 3 | | unless said former employee re-enters service and renders at | 4 | | least 3
years of additional service after the date of re-entry | 5 | | as a commissioner.
| 6 | | (Source: P.A. 95-279, eff. 1-1-08; 96-251, eff. 8-11-09.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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