Full Text of HB4784 103rd General Assembly
HB4784eng 103RD GENERAL ASSEMBLY | | | HB4784 Engrossed | | LRB103 37154 RPS 67273 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 13-207, 13-310, and 13-706 as follows: | 6 | | (40 ILCS 5/13-207) (from Ch. 108 1/2, par. 13-207) | 7 | | Sec. 13-207. "Salary": The salary paid to an employee for | 8 | | service to the District or to the Board, including salary paid | 9 | | for vacation and sick leave and any amounts deferred under a | 10 | | deferred compensation plan established under this Code, but | 11 | | excluding (1) payment for unused vacation or sick leave, (2) | 12 | | overtime pay, (3) termination pay, and (4) any compensation in | 13 | | the form of benefits other than the salary. Salary for a member | 14 | | on a disability benefit is the salary on which the disability | 15 | | benefit is based. | 16 | | (Source: P.A. 90-12, eff. 6-13-97.) | 17 | | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310) | 18 | | Sec. 13-310. Ordinary disability benefit. | 19 | | (a) Any employee who becomes disabled as the result of any | 20 | | cause other than injury or illness incurred in the performance | 21 | | of duty for the employer or any other employer, or while | 22 | | engaged in self-employment activities, shall be entitled to an |
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| 1 | | ordinary disability benefit. The eligible period for this | 2 | | benefit shall be 25% of the employee's total actual service | 3 | | prior to the date of disability with a cumulative maximum | 4 | | period of 5 years. | 5 | | (b) The benefit shall be allowed only if the employee | 6 | | files an application in writing with the Board that includes , | 7 | | and a medical report is submitted by at least one licensed | 8 | | health care professional and the employee is examined, at | 9 | | least annually, by a licensed health care professional | 10 | | appointed by the Board as part of the employee's application . | 11 | | The benefit is not payable for any disability which begins | 12 | | during any period of unpaid leave of absence. No benefit shall | 13 | | be allowed for any period of disability prior to 30 days before | 14 | | application is made, unless the Board finds good cause for the | 15 | | delay in filing the application. The benefit shall not be paid | 16 | | during any period for which the employee receives or is | 17 | | entitled to receive any part of salary. | 18 | | The benefit is not payable for any disability which begins | 19 | | during any period of absence from duty other than allowable | 20 | | vacation time in any calendar year. An employee whose | 21 | | disability begins during any such ineligible period of absence | 22 | | from service may not receive benefits until the employee | 23 | | recovers from the disability and is in service for at least 15 | 24 | | consecutive working days after such recovery. | 25 | | In the case of an employee who first enters service on or | 26 | | after June 13, 1997, an ordinary disability benefit is not |
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| 1 | | payable for the first 3 days of disability that would | 2 | | otherwise be payable under this Section if the disability does | 3 | | not continue for at least 11 additional days. | 4 | | Beginning on the effective date of this amendatory Act of | 5 | | the 94th General Assembly, an employee who first entered | 6 | | service on or after June 13, 1997 is also eligible for ordinary | 7 | | disability benefits on the 31st day after the last day worked, | 8 | | provided all sick leave is exhausted. | 9 | | (c) The benefit shall be 50% of the employee's salary at | 10 | | the date of disability, and shall terminate when the earliest | 11 | | of the following occurs: | 12 | | (1) The employee returns to work or receives a | 13 | | retirement annuity paid wholly or in part under this | 14 | | Article; | 15 | | (2) The disability ceases; | 16 | | (3) The employee willfully and continuously refuses to | 17 | | follow medical advice and treatment to enable the employee | 18 | | to return to work. However this provision does not apply | 19 | | to an employee who relies in good faith on treatment by | 20 | | prayer through spiritual means alone in accordance with | 21 | | the tenets and practice of a recognized church or | 22 | | religious denomination, by a duly accredited practitioner | 23 | | thereof; | 24 | | (4) The employee (i) refuses to submit to a reasonable | 25 | | physical examination within 30 days of application by a | 26 | | licensed health care professional appointed by the Board, |
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| 1 | | (ii) in the case of chronic alcoholism, the employee | 2 | | refuses to join a rehabilitation program licensed by the | 3 | | Department of Public Health of the State of Illinois and | 4 | | certified by the Joint Commission on the Accreditation of | 5 | | Hospitals, (iii) fails or refuses to consent to and sign | 6 | | an authorization allowing the Board to receive copies of | 7 | | or to examine the employee's medical and hospital records, | 8 | | or (iv) fails or refuses to provide complete information | 9 | | regarding any other employment for compensation he or she | 10 | | has received since becoming disabled; or | 11 | | (5) The eligible period for this benefit has been | 12 | | exhausted. | 13 | | The first payment of the benefit shall be made not later | 14 | | than one month after the same has been granted, and subsequent | 15 | | payments shall be made at least monthly. | 16 | | (Source: P.A. 102-210, eff. 7-30-21; 103-523, eff. 1-1-24 .) | 17 | | (40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706) | 18 | | Sec. 13-706. Board powers and duties. The Board shall have | 19 | | the powers and duties set forth in this Section, in addition to | 20 | | such other powers and duties as may be provided in this Article | 21 | | and in this Code: | 22 | | (a) To supervise collections. To see that all amounts | 23 | | specified in this Article to be applied to the Fund, from | 24 | | any source, are collected and applied. | 25 | | (b) To notify of deductions. To notify the Clerk of |
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| 1 | | the Water Reclamation District of the deductions to be | 2 | | made from the salaries of employees. | 3 | | (c) To accept gifts. To accept by gift, grant, bequest | 4 | | or otherwise any money or property of any kind and use the | 5 | | same for the purposes of the Fund. | 6 | | (d) To invest the reserves. To invest the reserves of | 7 | | the Fund in accordance with the provisions set forth in | 8 | | Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and | 9 | | 1-115 of this Code. Investments made in accordance with | 10 | | Section 1-113 of Article 1 of this Code shall be deemed | 11 | | prudent. The Board is also authorized to transfer | 12 | | securities to the Illinois State Board of Investment for | 13 | | the purpose of participation in any commingled investment | 14 | | fund as provided in Article 22A of this Code. | 15 | | (e) To authorize payments. To consider and pass upon | 16 | | all applications for annuities and benefits; to authorize | 17 | | or suspend the payment of any annuity or benefit; to | 18 | | inquire into the validity and legality of any grant of | 19 | | annuity or benefit paid from or payable out of the Fund; to | 20 | | increase, reduce, or suspend any such annuity or benefit | 21 | | whenever the annuity or benefit, or any part thereof, was | 22 | | secured or granted, or the amount thereof fixed, as the | 23 | | result of misrepresentation, fraud, or error. No such | 24 | | annuity or benefit shall be permanently reduced or | 25 | | suspended until the affected annuitant or beneficiary is | 26 | | first notified of the proposed action and given an |
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| 1 | | opportunity to be heard. No trustee of the Board shall | 2 | | vote upon that trustee's own personal claim for annuity, | 3 | | benefit or refund, or participate in the deliberations of | 4 | | the Board as to the validity of any such claim. The Board | 5 | | shall have exclusive original jurisdiction in all matters | 6 | | of claims for annuities, benefits and refunds. | 7 | | (f) To submit an annual report. To submit a report in | 8 | | July of each year to the Board of Commissioners of the | 9 | | Water Reclamation District as of the close of business on | 10 | | December 31st of the preceding year. The report shall | 11 | | include the following: | 12 | | (1) A balance | | | sheet, showing the financial and | 13 | | actuarial condition of the Fund as of the end of the | 14 | | calendar year; | 15 | | (2) A statement of receipts and disbursements | 16 | | during such year; | 17 | | (3) A statement showing changes in the asset, | 18 | | liability, reserve and surplus accounts during such | 19 | | year; | 20 | | (4) A detailed statement of investments as of the | 21 | | end of the year; and | 22 | | (5) Any additional information as is deemed | 23 | | necessary for proper interpretation of the condition | 24 | | of the Fund. | 25 | | (g) To subpoena witnesses and compel the production of | 26 | | records . To issue subpoenas to compel the attendance of |
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| 1 | | witnesses to testify before the Board and to compel the | 2 | | production of documents and records upon any matter | 3 | | concerning the Fund, including, but not limited to, in | 4 | | conjunction with: | 5 | | (1) a disability claim; | 6 | | (2) an administrative review proceeding; | 7 | | (3) an attempt to obtain information to assist in | 8 | | the collection of sums due to the Fund; | 9 | | (4) obtaining any and all personal identifying | 10 | | information necessary for the administration of | 11 | | benefits; | | | | 12 | | (5) the determination of the death of a benefit | 13 | | recipient or a potential benefit recipient; or | 14 | | (6) a felony forfeiture investigation. | 15 | | The fees of witnesses for attendance and travel shall be | 16 | | the same as the fees of witnesses before the circuit courts of | 17 | | this State and shall be paid by the party seeking the subpoena. | 18 | | The Board may apply to any circuit court in the State for an | 19 | | order requiring compliance with a subpoena issued under this | 20 | | Section. Subpoenas issued under this Section shall be subject | 21 | | to the | | | applicable provisions of the Code of Civil Procedure. | 22 | | The President or other members of the Board may administer | 23 | | oaths to witnesses. To compel witnesses to attend and testify | 24 | | before it upon any matter concerning the Fund and allow | 25 | | witness fees not in excess of $6 for attendance upon any one | 26 | | day. The President and other members of the Board may |
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| 1 | | administer oaths to witnesses. | 2 | | (h) To appoint employees and consultants. To appoint | 3 | | such actuarial, medical, legal, investigational, clerical | 4 | | or financial employees and consultants as are necessary, | 5 | | and fix their compensation. | 6 | | (i) To make rules. To make rules and regulations | 7 | | necessary for the administration of the affairs of the | 8 | | Fund. | 9 | | (j) To waive guardianship. To waive the requirement of | 10 | | legal guardianship of a person under legal disability or | 11 | | any minor unmarried beneficiary of the Fund for a | 12 | | representative managing such person or beneficiary's | 13 | | affairs, whenever the Board deems such waiver to be in the | 14 | | best interest of the person or beneficiary. | 15 | | (k) To collect amounts due. To collect any amounts due | 16 | | to the Fund from any participant or beneficiary prior to | 17 | | payment of any annuity, benefit or refund. | 18 | | (l) To invoke rule of offset. To offset against any | 19 | | amount payable to an employee or to any other person such | 20 | | sums as may be due to the Fund or may have been paid by the | 21 | | Fund due to misrepresentation, fraud or error. | 22 | | (m) To assess and collect interest on amounts due to | 23 | | the Fund using the annual rate as shall from time to time | 24 | | be determined by the Board, compounded annually from the | 25 | | date of notification to the date of payment. | 26 | | (Source: P.A. 103-523, eff. 1-1-24 .) |
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