Illinois General Assembly - Full Text of HB3334
Illinois General Assembly

Previous General Assemblies

Full Text of HB3334  97th General Assembly

HB3334enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3334 EnrolledLRB097 10851 JDS 51355 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 7-139, 7-146, and 7-150 as follows:
 
6    (40 ILCS 5/7-139)  (from Ch. 108 1/2, par. 7-139)
7    Sec. 7-139. Credits and creditable service to employees.
8    (a) Each participating employee shall be granted credits
9and creditable service, for purposes of determining the amount
10of any annuity or benefit to which he or a beneficiary is
11entitled, as follows:
12        1. For prior service: Each participating employee who
13    is an employee of a participating municipality or
14    participating instrumentality on the effective date shall
15    be granted creditable service, but no credits under
16    paragraph 2 of this subsection (a), for periods of prior
17    service for which credit has not been received under any
18    other pension fund or retirement system established under
19    this Code, as follows:
20        If the effective date of participation for the
21    participating municipality or participating
22    instrumentality is on or before January 1, 1998, creditable
23    service shall be granted for the entire period of prior

 

 

HB3334 Enrolled- 2 -LRB097 10851 JDS 51355 b

1    service with that employer without any employee
2    contribution.
3        If the effective date of participation for the
4    participating municipality or participating
5    instrumentality is after January 1, 1998, creditable
6    service shall be granted for the last 20% of the period of
7    prior service with that employer, but no more than 5 years,
8    without any employee contribution. A participating
9    employee may establish creditable service for the
10    remainder of the period of prior service with that employer
11    by making an application in writing, accompanied by payment
12    of an employee contribution in an amount determined by the
13    Fund, based on the employee contribution rates in effect at
14    the time of application for the creditable service and the
15    employee's salary rate on the effective date of
16    participation for that employer, plus interest at the
17    effective rate from the date of the prior service to the
18    date of payment. Application for this creditable service
19    may be made at any time while the employee is still in
20    service.
21        A municipality that (i) has at least 35 employees; (ii)
22    is located in a county with at least 2,000,000 inhabitants;
23    and (iii) maintains an independent defined benefit pension
24    plan for the benefit of its eligible employees may restrict
25    creditable service in whole or in part for periods of prior
26    service with the employer if the governing body of the

 

 

HB3334 Enrolled- 3 -LRB097 10851 JDS 51355 b

1    municipality adopts an irrevocable resolution to restrict
2    that creditable service and files the resolution with the
3    board before the municipality's effective date of
4    participation.
5        Any person who has withdrawn from the service of a
6    participating municipality or participating
7    instrumentality prior to the effective date, who reenters
8    the service of the same municipality or participating
9    instrumentality after the effective date and becomes a
10    participating employee is entitled to creditable service
11    for prior service as otherwise provided in this subdivision
12    (a)(1) only if he or she renders 2 years of service as a
13    participating employee after the effective date.
14    Application for such service must be made while in a
15    participating status. The salary rate to be used in the
16    calculation of the required employee contribution, if any,
17    shall be the employee's salary rate at the time of first
18    reentering service with the employer after the employer's
19    effective date of participation.
20        2. For current service, each participating employee
21    shall be credited with:
22            a. Additional credits of amounts equal to each
23        payment of additional contributions received from him
24        under Section 7-173, as of the date the corresponding
25        payment of earnings is payable to him.
26            b. Normal credits of amounts equal to each payment

 

 

HB3334 Enrolled- 4 -LRB097 10851 JDS 51355 b

1        of normal contributions received from him, as of the
2        date the corresponding payment of earnings is payable
3        to him, and normal contributions made for the purpose
4        of establishing out-of-state service credits as
5        permitted under the conditions set forth in paragraph 6
6        of this subsection (a).
7            c. Municipality credits in an amount equal to 1.4
8        times the normal credits, except those established by
9        out-of-state service credits, as of the date of
10        computation of any benefit if these credits would
11        increase the benefit.
12            d. Survivor credits equal to each payment of
13        survivor contributions received from the participating
14        employee as of the date the corresponding payment of
15        earnings is payable, and survivor contributions made
16        for the purpose of establishing out-of-state service
17        credits.
18        3. For periods of temporary and total and permanent
19    disability benefits, each employee receiving disability
20    benefits shall be granted creditable service for the period
21    during which disability benefits are payable. Normal and
22    survivor credits, based upon the rate of earnings applied
23    for disability benefits, shall also be granted if such
24    credits would result in a higher benefit to any such
25    employee or his beneficiary.
26        4. For authorized leave of absence without pay: A

 

 

HB3334 Enrolled- 5 -LRB097 10851 JDS 51355 b

1    participating employee shall be granted credits and
2    creditable service for periods of authorized leave of
3    absence without pay under the following conditions:
4            a. An application for credits and creditable
5        service is submitted to the board while the employee is
6        in a status of active employment, and within 2 years
7        after termination of the leave of absence period for
8        which credits and creditable service are sought.
9            b. Not more than 12 complete months of creditable
10        service for authorized leave of absence without pay
11        shall be counted for purposes of determining any
12        benefits payable under this Article.
13            c. Credits and creditable service shall be granted
14        for leave of absence only if such leave is approved by
15        the governing body of the municipality, including
16        approval of the estimated cost thereof to the
17        municipality as determined by the fund, and employee
18        contributions, plus interest at the effective rate
19        applicable for each year from the end of the period of
20        leave to date of payment, have been paid to the fund in
21        accordance with Section 7-173. The contributions shall
22        be computed upon the assumption earnings continued
23        during the period of leave at the rate in effect when
24        the leave began.
25            d. Benefits under the provisions of Sections
26        7-141, 7-146, 7-150 and 7-163 shall become payable to

 

 

HB3334 Enrolled- 6 -LRB097 10851 JDS 51355 b

1        employees on authorized leave of absence, or their
2        designated beneficiary, only if such leave of absence
3        is creditable hereunder, and if the employee has at
4        least one year of creditable service other than the
5        service granted for leave of absence. Any employee
6        contributions due may be deducted from any benefits
7        payable.
8            e. No credits or creditable service shall be
9        allowed for leave of absence without pay during any
10        period of prior service.
11        5. For military service: The governing body of a
12    municipality or participating instrumentality may elect to
13    allow creditable service to participating employees who
14    leave their employment to serve in the armed forces of the
15    United States for all periods of such service, provided
16    that the person returns to active employment within 90 days
17    after completion of full time active duty, but no
18    creditable service shall be allowed such person for any
19    period that can be used in the computation of a pension or
20    any other pay or benefit, other than pay for active duty,
21    for service in any branch of the armed forces of the United
22    States. If necessary to the computation of any benefit, the
23    board shall establish municipality credits for
24    participating employees under this paragraph on the
25    assumption that the employee received earnings at the rate
26    received at the time he left the employment to enter the

 

 

HB3334 Enrolled- 7 -LRB097 10851 JDS 51355 b

1    armed forces. A participating employee in the armed forces
2    shall not be considered an employee during such period of
3    service and no additional death and no disability benefits
4    are payable for death or disability during such period.
5        Any participating employee who left his employment
6    with a municipality or participating instrumentality to
7    serve in the armed forces of the United States and who
8    again became a participating employee within 90 days after
9    completion of full time active duty by entering the service
10    of a different municipality or participating
11    instrumentality, which has elected to allow creditable
12    service for periods of military service under the preceding
13    paragraph, shall also be allowed creditable service for his
14    period of military service on the same terms that would
15    apply if he had been employed, before entering military
16    service, by the municipality or instrumentality which
17    employed him after he left the military service and the
18    employer costs arising in relation to such grant of
19    creditable service shall be charged to and paid by that
20    municipality or instrumentality.
21        Notwithstanding the foregoing, any participating
22    employee shall be entitled to creditable service as
23    required by any federal law relating to re-employment
24    rights of persons who served in the United States Armed
25    Services. Such creditable service shall be granted upon
26    payment by the member of an amount equal to the employee

 

 

HB3334 Enrolled- 8 -LRB097 10851 JDS 51355 b

1    contributions which would have been required had the
2    employee continued in service at the same rate of earnings
3    during the military leave period, plus interest at the
4    effective rate.
5        5.1. In addition to any creditable service established
6    under paragraph 5 of this subsection (a), creditable
7    service may be granted for up to 48 months of service in
8    the armed forces of the United States.
9        In order to receive creditable service for military
10    service under this paragraph 5.1, a participating employee
11    must (1) apply to the Fund in writing and provide evidence
12    of the military service that is satisfactory to the Board;
13    (2) obtain the written approval of the current employer;
14    and (3) make contributions to the Fund equal to (i) the
15    employee contributions that would have been required had
16    the service been rendered as a member, plus (ii) an amount
17    determined by the board to be equal to the employer's
18    normal cost of the benefits accrued for that military
19    service, plus (iii) interest on items (i) and (ii) from the
20    date of first membership in the Fund to the date of
21    payment. The required interest shall be calculated at the
22    regular interest rate.
23        The changes made to this paragraph 5.1 by Public Acts
24    95-483 and 95-486 apply only to participating employees in
25    service on or after August 28, 2007 (the effective date of
26    those Public Acts).

 

 

HB3334 Enrolled- 9 -LRB097 10851 JDS 51355 b

1        6. For out-of-state service: Creditable service shall
2    be granted for service rendered to an out-of-state local
3    governmental body under the following conditions: The
4    employee had participated and has irrevocably forfeited
5    all rights to benefits in the out-of-state public employees
6    pension system; the governing body of his participating
7    municipality or instrumentality authorizes the employee to
8    establish such service; the employee has 2 years current
9    service with this municipality or participating
10    instrumentality; the employee makes a payment of
11    contributions, which shall be computed at 8% (normal) plus
12    2% (survivor) times length of service purchased times the
13    average rate of earnings for the first 2 years of service
14    with the municipality or participating instrumentality
15    whose governing body authorizes the service established
16    plus interest at the effective rate on the date such
17    credits are established, payable from the date the employee
18    completes the required 2 years of current service to date
19    of payment. In no case shall more than 120 months of
20    creditable service be granted under this provision.
21        7. For retroactive service: Any employee who could have
22    but did not elect to become a participating employee, or
23    who should have been a participant in the Municipal Public
24    Utilities Annuity and Benefit Fund before that fund was
25    superseded, may receive creditable service for the period
26    of service not to exceed 50 months; however, a current or

 

 

HB3334 Enrolled- 10 -LRB097 10851 JDS 51355 b

1    former elected or appointed official of a participating
2    municipality may establish credit under this paragraph 7
3    for more than 50 months of service as an official of that
4    municipality, if the excess over 50 months is approved by
5    resolution of the governing body of the affected
6    municipality filed with the Fund before January 1, 2002.
7        Any employee who is a participating employee on or
8    after September 24, 1981 and who was excluded from
9    participation by the age restrictions removed by Public Act
10    82-596 may receive creditable service for the period, on or
11    after January 1, 1979, excluded by the age restriction and,
12    in addition, if the governing body of the participating
13    municipality or participating instrumentality elects to
14    allow creditable service for all employees excluded by the
15    age restriction prior to January 1, 1979, for service
16    during the period prior to that date excluded by the age
17    restriction. Any employee who was excluded from
18    participation by the age restriction removed by Public Act
19    82-596 and who is not a participating employee on or after
20    September 24, 1981 may receive creditable service for
21    service after January 1, 1979. Creditable service under
22    this paragraph shall be granted upon payment of the
23    employee contributions which would have been required had
24    he participated, with interest at the effective rate for
25    each year from the end of the period of service established
26    to date of payment.

 

 

HB3334 Enrolled- 11 -LRB097 10851 JDS 51355 b

1        8. For accumulated unused sick leave: A participating
2    employee who is applying for a retirement annuity shall be
3    entitled to creditable service for that portion of the
4    employee's accumulated unused sick leave for which payment
5    is not received, as follows:
6            a. Sick leave days shall be limited to those
7        accumulated under a sick leave plan established by a
8        participating municipality or participating
9        instrumentality which is available to all employees or
10        a class of employees.
11            b. Except as provided in item b-1, only sick leave
12        days accumulated with a participating municipality or
13        participating instrumentality with which the employee
14        was in service within 60 days of the effective date of
15        his retirement annuity shall be credited; If the
16        employee was in service with more than one employer
17        during this period only the sick leave days with the
18        employer with which the employee has the greatest
19        number of unpaid sick leave days shall be considered.
20            b-1. If the employee was in the service of more
21        than one employer as defined in item (2) of paragraph
22        (a) of subsection (A) of Section 7-132, then the sick
23        leave days from all such employers shall be credited,
24        as long as the creditable service attributed to those
25        sick leave days does not exceed the limitation in item
26        f of this paragraph 8. In calculating the creditable

 

 

HB3334 Enrolled- 12 -LRB097 10851 JDS 51355 b

1        service under this item b-1, the sick leave days from
2        the last employer shall be considered first, then the
3        remaining sick leave days shall be considered until
4        there are no more days or the maximum creditable sick
5        leave threshold under item f of this paragraph 8 has
6        been reached.
7            c. The creditable service granted shall be
8        considered solely for the purpose of computing the
9        amount of the retirement annuity and shall not be used
10        to establish any minimum service period required by any
11        provision of the Illinois Pension Code, the effective
12        date of the retirement annuity, or the final rate of
13        earnings.
14            d. The creditable service shall be at the rate of
15        1/20 of a month for each full sick day, provided that
16        no more than 12 months may be credited under this
17        subdivision 8.
18            e. Employee contributions shall not be required
19        for creditable service under this subdivision 8.
20            f. Each participating municipality and
21        participating instrumentality with which an employee
22        has service within 60 days of the effective date of his
23        retirement annuity shall certify to the board the
24        number of accumulated unpaid sick leave days credited
25        to the employee at the time of termination of service.
26        9. For service transferred from another system:

 

 

HB3334 Enrolled- 13 -LRB097 10851 JDS 51355 b

1    Credits and creditable service shall be granted for service
2    under Article 3, 4, 5, 8, 14, or 16 of this Act, to any
3    active member of this Fund, and to any inactive member who
4    has been a county sheriff, upon transfer of such credits
5    pursuant to Section 3-110.3, 4-108.3, 5-235, 8-226.7,
6    14-105.6, or 16-131.4, and payment by the member of the
7    amount by which (1) the employer and employee contributions
8    that would have been required if he had participated in
9    this Fund as a sheriff's law enforcement employee during
10    the period for which credit is being transferred, plus
11    interest thereon at the effective rate for each year,
12    compounded annually, from the date of termination of the
13    service for which credit is being transferred to the date
14    of payment, exceeds (2) the amount actually transferred to
15    the Fund. Such transferred service shall be deemed to be
16    service as a sheriff's law enforcement employee for the
17    purposes of Section 7-142.1.
18        10. For service transferred from an Article 3 system
19    under Section 3-110.8: Credits and creditable service
20    shall be granted for service under Article 3 of this Act as
21    provided in Section 3-110.8, to any active member of this
22    Fund upon transfer of such credits pursuant to Section
23    3-110.8. If the amount by which (1) the employer and
24    employee contributions that would have been required if he
25    had participated in this Fund during the period for which
26    credit is being transferred, plus interest thereon at the

 

 

HB3334 Enrolled- 14 -LRB097 10851 JDS 51355 b

1    effective rate for each year, compounded annually, from the
2    date of termination of the service for which credit is
3    being transferred to the date of payment, exceeds (2) the
4    amount actually transferred to the Fund, then the amount of
5    creditable service established under this paragraph 10
6    shall be reduced by a corresponding amount in accordance
7    with the rules and procedures established under this
8    paragraph 10.
9        The board shall establish by rule the manner of making
10    the calculation required under this paragraph 10, taking
11    into account the appropriate actuarial assumptions; the
12    member's service, age, and salary history; the level of
13    funding of the employer; and any other factors that the
14    board determines to be relevant.
15        Until January 1, 2010, members who transferred service
16    from an Article 3 system under the provisions of Public Act
17    94-356 may establish additional credit in this Fund, but
18    only up to the amount of the service credit reduction in
19    that transfer, as calculated under the actuarial
20    assumptions. This credit may be established upon payment by
21    the member of an amount to be determined by the board,
22    equal to (1) the amount that would have been contributed as
23    employee and employer contributions had all the service
24    been as an employee under this Article, plus interest
25    thereon compounded annually from the date of service to the
26    date of transfer, less (2) the total amount transferred

 

 

HB3334 Enrolled- 15 -LRB097 10851 JDS 51355 b

1    from the Article 3 system, plus (3) interest on the
2    difference at the effective rate for each year, compounded
3    annually, from the date of the transfer to the date of
4    payment. The additional service credit is allowed under
5    this amendatory Act of the 95th General Assembly
6    notwithstanding the provisions of Article 3 terminating
7    all transferred credits on the date of transfer.
8    (b) Creditable service - amount:
9        1. One month of creditable service shall be allowed for
10    each month for which a participating employee made
11    contributions as required under Section 7-173, or for which
12    creditable service is otherwise granted hereunder. Not
13    more than 1 month of service shall be credited and counted
14    for 1 calendar month, and not more than 1 year of service
15    shall be credited and counted for any calendar year. A
16    calendar month means a nominal month beginning on the first
17    day thereof, and a calendar year means a year beginning
18    January 1 and ending December 31.
19        2. A seasonal employee shall be given 12 months of
20    creditable service if he renders the number of months of
21    service normally required by the position in a 12-month
22    period and he remains in service for the entire 12-month
23    period. Otherwise a fractional year of service in the
24    number of months of service rendered shall be credited.
25        3. An intermittent employee shall be given creditable
26    service for only those months in which a contribution is

 

 

HB3334 Enrolled- 16 -LRB097 10851 JDS 51355 b

1    made under Section 7-173.
2    (c) No application for correction of credits or creditable
3service shall be considered unless the board receives an
4application for correction while (1) the applicant is a
5participating employee and in active employment with a
6participating municipality or instrumentality, or (2) while
7the applicant is actively participating in a pension fund or
8retirement system which is a participating system under the
9Retirement Systems Reciprocal Act. A participating employee or
10other applicant shall not be entitled to credits or creditable
11service unless the required employee contributions are made in
12a lump sum or in installments made in accordance with board
13rule.
14    (d) Upon the granting of a retirement, surviving spouse or
15child annuity, a death benefit or a separation benefit, on
16account of any employee, all individual accumulated credits
17shall thereupon terminate. Upon the withdrawal of additional
18contributions, the credits applicable thereto shall thereupon
19terminate. Terminated credits shall not be applied to increase
20the benefits any remaining employee would otherwise receive
21under this Article.
22(Source: P.A. 95-483, eff. 8-28-07; 95-486, eff. 8-28-07;
2395-504, eff. 8-28-07; 95-812, eff. 8-13-08; 95-876, eff.
248-21-08; 96-299, eff. 8-11-09.)
 
25    (40 ILCS 5/7-146)  (from Ch. 108 1/2, par. 7-146)

 

 

HB3334 Enrolled- 17 -LRB097 10851 JDS 51355 b

1    Sec. 7-146. Temporary disability benefits - Eligibility.
2Temporary disability benefits shall be payable to
3participating employees as hereinafter provided.
4    (a) The participating employee shall be considered
5temporarily disabled if:
6        1. He is unable to perform the duties of any position
7    which might reasonably be assigned to him by his employing
8    municipality or instrumentality thereof or participating
9    instrumentality due to mental or physical disability
10    caused by bodily injury or disease, other than as a result
11    of self-inflicted injury or addiction to narcotic drugs;
12        2. The Board has received written certifications from
13    at least one licensed and practicing physician and the
14    governing body of the employing municipality or
15    instrumentality thereof or participating instrumentality
16    stating that the employee meets the conditions set forth in
17    subparagraph 1 of this paragraph (a).
18    (b) A temporary disability benefit shall be payable to a
19temporarily disabled employee provided:
20        1. He:
21            (i) has at least one year of service immediately
22        preceding at the date the temporary disability was
23        incurred and has made contributions to the fund for at
24        least the number of months of service normally required
25        in his position during a 12-month period, or has at
26        least 5 years of service credit, the last year of which

 

 

HB3334 Enrolled- 18 -LRB097 10851 JDS 51355 b

1        immediately precedes such date; or
2            (ii) had qualified under clause (i) above, but had
3        an interruption in service with the same participating
4        municipality or participating instrumentality of not
5        more than 3 months in the 12 months preceding the date
6        the temporary disability was incurred and was not paid
7        a separation benefit; or
8            (iii) had qualified under clause (i) above, but had
9        an interruption after 20 or more years of creditable
10        service, was not paid a separation benefit, and
11        returned to service prior to the date the disability
12        was incurred.
13        Item (iii) of this subdivision shall apply to all
14    employees whose disabilities were incurred on or after July
15    1, 1985, and any such employee who becomes eligible for a
16    disability benefit under item (iii) shall be entitled to
17    receive a lump sum payment of any accumulated disability
18    benefits which may accrue from the date the disability was
19    incurred until the effective date of this amendatory Act of
20    1987.
21        Periods of qualified leave granted in compliance with
22    the federal Family and Medical Leave Act shall be ignored
23    for purposes of determining the number of consecutive
24    months of employment under this subdivision (b)1.
25        2. He has been temporarily disabled for at least 30
26    days, except where a former temporary or permanent and

 

 

HB3334 Enrolled- 19 -LRB097 10851 JDS 51355 b

1    total disability has reoccurred within 6 months after the
2    employee has returned to service.
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.
7        4. He has not refused to submit to a reasonable
8    physical examination by a physician appointed by the Board.
9        5. His disability is not the result of a mental or
10    physical condition which existed on the earliest date of
11    service from which he has uninterrupted service, including
12    prior service, at the date of his disability, provided that
13    this limitation is not applicable if the date of disability
14    is after December 31, 2001, nor is it applicable to a
15    participating employee who: (i) on the date of disability
16    has 5 years of creditable service, exclusive of creditable
17    service for periods of disability; or (ii) received no
18    medical treatment for the condition for the 3 years
19    immediately prior to such earliest date of service.
20        6. He is not separated from the service of the
21    participating municipality or instrumentality thereof or
22    participating instrumentality which employed him on the
23    date his temporary disability was incurred; for the
24    purposes of payment of temporary disability benefits, a
25    participating employee, whose employment relationship is
26    terminated by his employing municipality, shall be deemed

 

 

HB3334 Enrolled- 20 -LRB097 10851 JDS 51355 b

1    not to be separated from the service of his employing
2    municipality or participating instrumentality if he
3    continues disabled by the same condition and so long as he
4    is otherwise entitled to such disability benefit.
5        7. He has not failed or refused to consent to and sign
6    an authorization allowing the Board to receive copies of or
7    to examine his medical and hospital records.
8        8. He has not failed or refused to provide complete
9    information regarding any other employment for
10    compensation he has received since becoming disabled.
11(Source: P.A. 92-424, eff. 8-17-01.)
 
12    (40 ILCS 5/7-150)  (from Ch. 108 1/2, par. 7-150)
13    Sec. 7-150. Total and permanent disability benefits -
14Eligibility. Total and permanent disability benefits shall be
15payable to participating employees as hereinafter provided,
16including those employees receiving disability benefit on July
171, 1962.
18    (a) A participating employee shall be considered totally
19and permanently disabled if:
20        1. He is unable to engage in any gainful activity
21    because of any medically determinable physical or mental
22    impairment which can be expected to result in death or be
23    of a long continued and indefinite duration, other than as
24    a result of self-inflicted injury or addiction to narcotic
25    drugs;

 

 

HB3334 Enrolled- 21 -LRB097 10851 JDS 51355 b

1        2. The Board has received a written certification by at
2    least 1 licensed and practicing physician stating that the
3    employee meets the qualifications of subparagraph 1 of this
4    paragraph (a).
5    (b) A totally and permanently disabled employee is entitled
6to a permanent disability benefit provided:
7        1. He has exhausted his temporary disability benefits.
8        2. He:
9            (i) has at least one year of service immediately
10        preceding the date the disability was incurred and has
11        made contributions to the fund for at least the number
12        of months of service normally required in his position
13        during a 12 month period, or has at least 5 years of
14        service credit, the last year of which immediately
15        preceded the date the disability was incurred; or
16            (ii) had qualified under clause (i) above, but had
17        an interruption in service with the same participating
18        municipality or participating instrumentality of not
19        more than 3 months in the 12 months preceding the date
20        the temporary disability was incurred and was not paid
21        a separation benefit; or
22            (iii) had qualified under clause (i) above, but had
23        an interruption after 20 or more years of creditable
24        service, was not paid a separation benefit, and
25        returned to service prior to the date the disability
26        was incurred.

 

 

HB3334 Enrolled- 22 -LRB097 10851 JDS 51355 b

1        Item (iii) of this subdivision shall apply to all
2    employees whose disabilities were incurred on or after July
3    1, 1985, and any such employee who becomes eligible for a
4    disability benefit under item (iii) shall be entitled to
5    receive a lump sum payment of any accumulated disability
6    benefits which may accrue from the date the disability was
7    incurred until the effective date of this amendatory Act of
8    1987.
9        Periods of qualified leave granted in compliance with
10    the federal Family and Medical Leave Act shall be ignored
11    for purposes of determining the number of consecutive
12    months of employment under this subdivision (b)2.
13        3. He is receiving no earnings from a participating
14    municipality or instrumentality thereof or participating
15    instrumentality, except as allowed under subsection (f) of
16    Section 7-152.
17        4. He has not refused to submit to a reasonable
18    physical examination by a physician appointed by the Board.
19        5. His disability is not the result of a mental or
20    physical condition which existed on the earliest date of
21    service from which he has uninterrupted service, including
22    prior service, at the date of his disability, provided that
23    this limitation shall not be applicable to a participating
24    employee who, without receiving a disability benefit,
25    receives 5 years of creditable service.
26        6. He is not separated from the service of his

 

 

HB3334 Enrolled- 23 -LRB097 10851 JDS 51355 b

1    employing participating municipality or instrumentality
2    thereof or participating instrumentality on the date his
3    temporary disability was incurred; for the purposes of
4    payment of total and permanent disability benefits, a
5    participating employee, whose employment relationship is
6    terminated by his employing municipality, shall be deemed
7    not to be separated from the service of his employing
8    municipality or participating instrumentality if he
9    continues disabled by the same condition and so long as he
10    is otherwise entitled to such disability benefit.
11        7. He has not refused to apply for a disability benefit
12    under the Federal Social Security Act at the request of the
13    Board.
14        8. 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        9. 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    (c) A participating employee shall remain eligible and may
21make application for a total and permanent disability benefit
22within 90 days after the termination of his temporary
23disability benefits or within such longer period terminating at
24the end of the period during which his employing municipality
25is prevented from employing him by reason of any statutory
26prohibition.

 

 

HB3334 Enrolled- 24 -LRB097 10851 JDS 51355 b

1(Source: P.A. 90-766, eff. 8-14-98.)
 
2    Section 90. The State Mandates Act is amended by adding
3Section 8.35 as follows:
 
4    (30 ILCS 805/8.35 new)
5    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8
6of this Act, no reimbursement by the State is required for the
7implementation of any mandate created by this amendatory Act of
8the 97th General Assembly.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.