(40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157) Sec. 9-157. Ordinary disability benefit. An employee while under age 65
and prior to January 1, 1979, or while under age 70 and after January 1,
1979, but prior to January 1, 1987, and regardless of age on or after
January 1, 1987, who becomes disabled after becoming a contributor to the
fund as the result of any cause other than injury incurred in the
performance of an act of duty is entitled to ordinary disability benefit
during such disability, after the first 30 days thereof. No employee who becomes disabled and whose disability commences
during any period of absence from duty without pay may
receive ordinary disability benefit until he recovers from such
disability and performs the duties of his position in the service for at
least 15 consecutive days, Sundays and holidays excepted, after his
recovery from such disability. The benefit shall not be allowed unless application therefor is made
while the disability exists, nor for any period of disability before 30
days before the application for such benefit is made. The foregoing
limitations do not apply if the board finds from satisfactory evidence
presented to it that there was reasonable cause for delay in filing such
application within such periods of time. The first payment shall be made not later than one month after the
benefit is granted and each subsequent payment shall be made not later
than one month after the last preceding payment. The disability benefit prescribed herein shall cease when the first of
the following dates shall occur and the employee, if still disabled, shall
thereafter be entitled to such annuity as is otherwise provided in this
Article: (a) the date disability ceases. (b) the date the disabled employee attains age 65 for disability
commencing prior to January 1, 1979. (c) the date the disabled employee attains 65 for disability commencing
prior to attainment of age 60 in the service and after January 1, 1979. (d) the date the disabled employee attains the age of 70 for disability
commencing after attainment of age 60 in the service and after January 1, 1979. (e) the date the payments of the benefit shall exceed in the aggregate,
throughout the employee's service, a period equal to 1/4 of the total service
rendered prior to the date of disability but in no event more than 5 years.
In computing such total service any period during which the employee
received ordinary disability benefit and any period of absence from duty
other than paid vacation shall be excluded. Any employee whose duty disability benefit was terminated on or after
January 1, 1979 by reason of his attainment of age 65 and who continues to
be disabled after age 65 may elect before July 1, 1986 to have such
benefits resumed beginning at the time of such termination and continuing
until termination is required under this Section as amended by this
amendatory Act of 1985. The amount payable to any employee for such
resumed benefit for any period shall be reduced by the amount of any
retirement annuity paid to such employee under this Article for the same
period of time or by any refund paid in lieu of annuity. Any employee whose disability benefit was terminated on or after
January 1, 1987 by reason of his attainment of age 70, and who continues to
be disabled after age 70, may elect before March 31, 1988, to have such
benefits resumed beginning at the time of such termination and continuing
until termination is required under this Section as amended by this
amendatory Act of 1987. The amount payable to any employee for such
resumed benefit for any period shall be reduced by the amount of any
retirement annuity paid to such employee under this Article for the same
period of time or by any refund paid in lieu of annuity. Ordinary disability benefit shall be 50% of the employee's salary at
the date of disability. Instead of all amounts ordinarily contributed by
an employee and by the county for age and service
annuity and widow's annuity based on the salary at date of disability,
the county shall contribute sums equal to such amounts for any period
during which the employee receives ordinary disability and such is
deemed for annuity and refund purposes as amounts contributed by him. The
county shall also contribute 1/2 of 1% salary deductions required
as a contribution from the employee under Section 9-133. An employee who has withdrawn from service or was laid off for any
reason, who is absent from service thereafter for 60 days or more who
re-enters the service subsequent to such absence is not entitled to
ordinary disability benefit unless he renders at least 6 months of
service subsequent to the date of such last re-entry. (Source: P.A. 96-1466, eff. 8-20-10.) |