Full Text of SB1833 94th General Assembly
SB1833eng 94TH GENERAL ASSEMBLY
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SB1833 Engrossed |
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LRB094 11438 AMC 42353 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 16-149 as follows:
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| (40 ILCS 5/16-149) (from Ch. 108 1/2, par. 16-149)
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| Sec. 16-149. Disability benefit.
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| (a) A disability benefit is payable to a member who was in | 9 |
| active
service on or after June 30, 1977 and has at least 3 | 10 |
| years of creditable
service. Part-time and substitute teachers | 11 |
| who are in active service on or
after July 1, 1990 must have | 12 |
| worked as a teacher for at least 340 hours in
either the school | 13 |
| year in which the disability occurs or in the preceding
school | 14 |
| year.
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| The benefit is payable upon application of a member who is | 16 |
| not
receiving a benefit under either Section 16-133, Section | 17 |
| 16-149.1
or Section 16-149.2. The benefit shall be granted only | 18 |
| if the member is
found by medical examination to be | 19 |
| incapacitated to perform the duties of
his or her position as a | 20 |
| teacher and only if the commencement of the
incapacity occurred | 21 |
| while the member was employed as a teacher or within
90 days of | 22 |
| such employment.
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| A member shall be considered disabled only when the System | 24 |
| has received
(1) a written certificate by at least 2 licensed | 25 |
| and practicing physicians
designated by the System, certifying | 26 |
| that the member is disabled and unable
to properly perform the | 27 |
| duties of his or her position at the time of
disability, except | 28 |
| in the case of disability due to pregnancy where a
written | 29 |
| certificate from only one licensed and practicing physician is
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| required; (2) a written statement from the employer certifying | 31 |
| that the member
is not eligible to receive a salary; and (3) a | 32 |
| certification from the member
that he or she is not and has not |
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| been engaged in gainful employment
during the period of | 2 |
| disability.
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| The benefit shall begin to accrue on the 31st day of | 4 |
| absence from service
on account of disability, except that when | 5 |
| an application is made more than
90 days subsequent to the | 6 |
| later of the commencement of disability or the
date eligibility | 7 |
| for salary ceases, it shall begin to accrue from the date
of | 8 |
| application, and shall be payable during the time the member | 9 |
| does not
receive a retirement annuity. The benefit is not | 10 |
| payable to a member who
is receiving or has a right to receive | 11 |
| any salary as a teacher, or is employed
in any capacity as a | 12 |
| teacher by the employers included under this System or in
an | 13 |
| equivalent capacity in any other public or private school, | 14 |
| college or
university.
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| Service credits under the State Employees' Retirement | 16 |
| System of
Illinois, the State Universities Retirement System , | 17 |
| the Public School Teachers' Pension and Retirement Fund of | 18 |
| Chicago, and the Illinois
Municipal Retirement Fund shall be | 19 |
| considered in determining the member's
eligibility for a | 20 |
| disability benefit and the total period during which the
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| disability benefit is payable.
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| (b) The disability benefit shall be 40% of the greater of | 23 |
| the
member's most recent annual contract salary rate at the | 24 |
| time the disability
benefit becomes payable or the member's | 25 |
| annual contract rate on the date the
disability commenced. | 26 |
| Prior to July 1, 1990, if the most recent period of
service of | 27 |
| any member was rendered on a less than full-time but not less
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| than half-time basis, the amount of the disability benefit | 29 |
| payable to such
member shall be computed on the basis of the | 30 |
| salary received by such member
for the member's last year of | 31 |
| service on a full-time basis if such salary
was greater than | 32 |
| the member's most recent salary. For part-time and
substitute | 33 |
| members after June 30, 1990, the disability benefit shall be | 34 |
| 40% of
the greater of the member's most recent annualized | 35 |
| salary rate at the time the
disability benefit becomes payable | 36 |
| or the annualized salary rate or contract
salary rate at the |
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| time the disability commenced.
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| In addition to the above benefit, the member shall receive | 3 |
| creditable
service and credit for contributions that the member | 4 |
| would have made in
active employment during any period of | 5 |
| disability for which benefits
are paid by the System on the | 6 |
| basis of the annual salary rate used in
computing the benefit.
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| (c) Effective January 1, 1988, the disability benefit shall | 8 |
| continue
until the time one of the following events first | 9 |
| occurs: (1) disability
ceases; (2) the member requests | 10 |
| termination of the benefit; (3) the
aggregate period for which | 11 |
| disability payments made during the member's
entire period of | 12 |
| service equals 1/4 of the total period of creditable
service, | 13 |
| not including the time he or she has received the disability
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| payments; or (4) the member is engaged or found to be able to | 15 |
| engage in
gainful employment. If the disability benefit is | 16 |
| discontinued under item
(4) but the member is subsequently | 17 |
| found to be unable to be gainfully
employed due to the | 18 |
| disability which was the cause for his or her most
recent | 19 |
| incapacity to perform the duties of a teacher, the disability
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| benefit will be resumed, upon notification of the System, as | 21 |
| soon as the
member is not eligible to receive salary.
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| A disabled member who receives disability benefits for the | 23 |
| maximum period
specified above or who requests that the | 24 |
| disability benefits be terminated
may be retired on a | 25 |
| disability retirement annuity.
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| (d) The board shall prescribe rules governing the filing, | 27 |
| investigation,
control, and supervision of disability claims. | 28 |
| The rules shall include
specific standards to be used when | 29 |
| requesting additional medical
examinations, hospital records | 30 |
| or other data necessary for determining the
employment capacity | 31 |
| and condition of the member. Costs incurred by a
claimant in | 32 |
| connection with completing a claim for disability benefits
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| shall be paid by the claimant.
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| (Source: P.A. 86-272; 86-273; 86-1028; 87-794; 87-1265.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |
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