Full Text of HB4139 103rd General Assembly
HB4139ham002 103RD GENERAL ASSEMBLY | Rep. Bradley Fritts Filed: 2/23/2024 | | 10300HB4139ham002 | | LRB103 34045 RPS 70129 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4139
| 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.". |
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