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40 ILCS 5/7-152
(40 ILCS 5/7-152) (from Ch. 108 1/2, par. 7-152)
Sec. 7-152.
Disability benefits - Amount.
The amount of the monthly
temporary and total and permanent disability benefits shall be 50% of the
participating employee's final rate of earnings on the date disability was
incurred, subject to the following adjustments:
(a) If the participating employee has a reduced rate of earnings at the
time his employment ceases because of disability, the rate of earnings shall
be computed on the basis of his last 12 month period of full-time employment.
(b) If the participating employee is eligible for a disability benefit
under the federal Social Security Act, the amount of monthly disability
benefits shall be reduced, but not to less than $10 a month, by the amount
he would be eligible to receive as a disability benefit under the federal
Social Security Act, whether or not because of service as a covered employee
under this Article. The reduction shall be effective as of the month the
employee is eligible for Social Security disability benefits. The Board
may make such reduction if it appears that the employee may be so eligible
pending determination of eligibility and make an appropriate adjustment
if necessary after such determination. If the employee, because of his
refusal to accept rehabilitation services under the federal Rehabilitation
Act of 1973 or the federal Social Security Act, or because he is receiving
workers' compensation benefits, has his Social Security benefits reduced or
terminated, the disability benefit shall be reduced as if the employee were
receiving his full Social Security disability benefit.
(c) If the employee (i) is over the age for a full Social Security
old-age insurance benefit, (ii) was not eligible for a Social
Security disability benefit immediately before reaching that age, and (iii) is eligible for a full Social Security old-age insurance
benefit, then the amount of the monthly disability benefit shall be
reduced, but not to less than $10 a month, by the amount of the old-age
insurance benefit to which the employee is entitled, whether or not the
employee applies for the Social Security old-age insurance benefit. This
reduction shall be made in the month after the month in which the employee
attains the age for a full Social Security old-age insurance benefit. However, if the employee was receiving a Social Security disability
benefit before reaching the age for a full Social Security old-age insurance
benefit, the disability benefits after that age
shall be determined under subsection (b) of this Section.
(d) The amount of disability benefits shall not be reduced by reason of
any increase, other than one resulting from a correction in the employee's
wage records, in the amount of disability or old-age insurance benefits
under the federal Social Security Act which takes effect after the month
of the initial reduction under paragraph (b) or (c) of this Section.
(e) If the employee in any month receives compensation from gainful
employment which is more than 25% of the final rate of earnings on which
his disability benefits are based, the temporary disability benefit payable
for that month shall be reduced by an amount equal to such excess.
(f) An employee who has been disabled for at least 30 days may return to
work for the employer on a part-time basis for a trial work period of up to
one year, during which the disability shall be deemed to continue. Service
credit shall continue to accrue and the disability benefit shall continue
to be paid during the trial work period, but the benefit shall be reduced
by the amount of earnings received by the disabled employee. Return to
service on a full-time basis shall terminate the trial work period. The
reduction under this subsection (f) shall be in lieu of the reduction, if
any, required under subsection (e).
(g) Beginning January 1, 1988, every total and permanent disability benefit
shall be increased by 3% of the original amount of the benefit, not
compounded, on each January 1 following the later of (1) the date the total
and permanent disability benefit begins, or (2) the date the total and
permanent disability benefit would have begun if the employee had been paid
a temporary disability benefit for 30 months.
(Source: P.A. 92-424, eff. 8-17-01.)
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