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91_SB1233
LRB9106723EGfg
1 AN ACT to amend the Illinois Pension Code.
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 14-123, 14-123.1, and 14-124 as follows:
6 (40 ILCS 5/14-123) (from Ch. 108 1/2, par. 14-123)
7 Sec. 14-123. Occupational disability benefits. A member
8 who becomes incapacitated to perform the duties of his
9 position as the proximate result of bodily injuries sustained
10 or a hazard undergone while in the performance and within the
11 scope of the member's duties, shall receive an occupational
12 disability benefit; provided:
13 (a) application is made within 12 months after the date
14 that such disability results in the loss of pay, or 12 months
15 after the date that the Industrial Commission of Illinois
16 rules on the application for an occupational disability, or
17 12 months after the occurrence of disablement if an
18 occupational disease; and
19 (b) proper proof is received from one or more physicians
20 designated by the Board certifying that the member is
21 mentally or physically incapacitated.
22 The benefit shall be 75% of the member's final average
23 compensation at date of disability and shall be payable until
24 the first of the following dates occurs:
25 (1) the date on which disability ceases;
26 (2) (blank) the date on which the member engages in
27 gainful employment;
28 (3) the end of the month in which the member attains age
29 65, in the case of benefits commencing prior to attainment of
30 age 60;
31 (4) the end of the month following the fifth anniversary
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1 of the effective date of the benefit, or of the temporary
2 disability benefit if one was received, in the case of
3 benefits commencing on or after attainment of age 60; or
4 (5) the end of the month in which the death of the
5 member occurs.
6 At the end of the month in which the benefits cease as
7 prescribed in paragraphs (3) or (4) above, if the member is
8 still disabled, he shall become entitled to a retirement
9 annuity and the minimum period of service prescribed for the
10 receipt of such annuity shall be waived.
11 In the event that a temporary disability benefit has been
12 received, the benefit paid under this Section shall be
13 subject to adjustment by the Board under Section 14-123.1.
14 The Board shall prescribe rules and regulations governing
15 the filing of claims for occupational disability benefits,
16 and the investigation, control and supervision of such
17 claims.
18 The change made to this Section by this amendatory Act of
19 the 91st General Assembly (removing the prohibition on
20 gainful employment) applies on and after the effective date
21 of this amendatory Act to all persons who receive a
22 disability benefit under this Section.
23 (Source: P.A. 86-272.)
24 (40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)
25 Sec. 14-123.1. Temporary disability benefit.
26 (a) A member who has at least 18 months of creditable
27 service and who becomes physically or mentally incapacitated
28 to perform the duties of his position shall receive a
29 temporary disability benefit, provided that:
30 (1) the agency responsible for determining the
31 liability of the State (i) has formally denied all
32 employer-paid temporary total disability benefits under
33 the Workers' Compensation Act or the Workers'
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1 Occupational Diseases Act and an appeal of that denial is
2 pending before the Industrial Commission of Illinois, or
3 (ii) has granted and then terminated for any reason an
4 employer-paid temporary total disability benefit and the
5 member has filed a petition for emergency hearing under
6 Section 19(b-1) of the Workers' Compensation Act or
7 Section 19(b-1) of the Workers' Occupational Diseases
8 Act; and
9 (2) application is made not later than (i) 12
10 months after the date that the disability results in loss
11 of pay, (ii) 12 months after the date the agency
12 responsible for determining the liability of the State
13 under the Workers' Compensation Act or Workers'
14 Occupational Diseases Act has formally denied or
15 terminated the employer-paid temporary total disability
16 benefit, or (iii) in the case of termination of an
17 employer-paid temporary total disability benefit, 12
18 months after the effective date of this amendatory Act of
19 1995, whichever occurs last; and
20 (3) proper proof is received from one or more
21 physicians designated by the Board certifying that the
22 member is mentally or physically incapacitated.
23 (b) In the case of a denial of benefits, the temporary
24 disability benefit shall begin to accrue on the 31st day of
25 absence from work on account of disability, but the benefit
26 shall not become actually payable to the member until the
27 expiration of 31 days from the day upon which the member last
28 received or had a right to receive any compensation.
29 In the case of termination of an employer-paid temporary
30 total disability benefit, the temporary disability benefit
31 under this Section shall be calculated from the day following
32 the date of termination of the employer-paid benefit or the
33 31st day of absence from work on account of disability,
34 whichever is later, but shall not become payable to the
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1 member until (i) the member's right to an employer-paid
2 temporary total disability benefit is denied as a result of
3 the emergency hearing held under Section 19(b-1) of the
4 Workers' Compensation Act or Section 19(b-1) of the Workers'
5 Occupational Diseases Act or (ii) the expiration of 150 days
6 from the date of termination of the employer-paid benefit,
7 whichever occurs first. If a terminated employer-paid
8 temporary total disability benefit is resumed or replaced
9 with another employer-paid disability benefit and the resumed
10 or replacement benefit is later terminated and the member
11 again files a petition for emergency hearing under Section
12 19(b-1) of the Workers' Compensation Act or Section 19(b-1)
13 of the Workers' Occupational Diseases Act, the member may
14 again become eligible to receive a temporary disability
15 benefit under this Section. The waiting period before the
16 temporary disability benefit under this Section becomes
17 payable applies each time that the benefit is reinstated.
18 The benefit shall continue to accrue until the first of
19 the following events occurs:
20 (1) the disability ceases;
21 (2) (blank) the member engages in gainful
22 employment;
23 (3) the end of the month in which the member
24 attains age 65, in the case of benefits commencing prior
25 to attainment of age 60;
26 (4) the end of the month following the fifth
27 anniversary of the effective date of the benefit in the
28 case of benefits commencing on or after attainment of age
29 60;
30 (5) the end of the month in which the death of the
31 member occurs;
32 (6) the end of the month in which the aggregate
33 period for which temporary disability payments have been
34 made becomes equal to 1/2 of the member's total period of
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1 creditable service, not including the time for which he
2 has received a temporary disability benefit or
3 nonoccupational disability benefit; for purposes of this
4 item (6) only, in the case of a member to whom Section
5 14-108.2a or 14-108.2b applies and who, at the time
6 disability commences, is performing services for the
7 Illinois Department of Public Health or the Department of
8 State Police relating to the transferred functions
9 referred to in that Section and has less than 10 years of
10 creditable service under this Article, the member's
11 "total period of creditable service" shall be augmented
12 by an amount equal to (i) one half of the member's period
13 of creditable service in the Fund established under
14 Article 8 (excluding any creditable service over 20
15 years), minus (ii) the amount of the member's creditable
16 service under this Article;
17 (7) a payment is made on the member's claim
18 pursuant to a determination made by the agency
19 responsible for determining the liability of the State
20 under the Workers' Compensation Act or the Workers'
21 Occupational Diseases Act;
22 (8) a final determination is made on the member's
23 claim by the Industrial Commission of Illinois.
24 The change made to this Section by this amendatory Act of
25 the 91st General Assembly (removing the prohibition on
26 gainful employment) applies on and after the effective date
27 of this amendatory Act to all persons who receive a
28 disability benefit under this Section.
29 (c) The temporary disability benefit shall be 50% of the
30 member's final average compensation at the date of
31 disability.
32 If a covered employee is eligible under the Social
33 Security Act for a disability benefit before attaining age
34 65, or a retirement benefit on or after attaining age 65,
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1 then the amount of the member's temporary disability benefit
2 shall be reduced by the amount of primary benefit the member
3 is eligible to receive under the Social Security Act, whether
4 or not such eligibility came about as the result of service
5 as a covered employee under this Article. The Board may make
6 such reduction pending a determination of eligibility if it
7 appears that the employee may be so eligible, and shall make
8 an appropriate adjustment if necessary after such
9 determination has been made. The amount of temporary
10 disability benefit payable under this Article shall not be
11 reduced by reason of any increase in benefits payable under
12 the Social Security Act which occurs after the reduction
13 required by this paragraph has been applied.
14 (d) The temporary disability benefit provided under this
15 Section is intended as a temporary payment of occupational or
16 nonoccupational disability benefit, whichever is appropriate,
17 in cases in which the occupational or nonoccupational
18 character of the disability has not been finally determined.
19 When an employer-paid disability benefit is paid or
20 resumed, the Board shall calculate the benefit that is
21 payable under Section 14-123 and shall deduct from the
22 benefit payable under Section 14-123 the amounts already paid
23 under this Section; those amounts shall then be treated as if
24 they had been paid under Section 14-123.
25 When a final determination of the character of the
26 disability has been made by the Industrial Commission of
27 Illinois, or by settlement between the parties to the
28 disputed claim, the Board shall calculate the benefit that is
29 payable under Section 14-123 or 14-124, whichever is
30 applicable, and shall deduct from such benefit the amounts
31 already paid under this Section; such amounts shall then be
32 treated as if they had been paid under such Section 14-123 or
33 14-124.
34 (e) Any excess benefits paid under this Section shall be
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1 subject to recovery by the System from benefits payable under
2 the Workers' Compensation Act or the Workers' Occupational
3 Diseases Act or from third parties as provided in Section
4 14-129, or from any other benefits payable either to the
5 member or on his behalf under this Article. A member who
6 accepts benefits under this Section acknowledges and
7 authorizes these recovery rights of the System.
8 (f) Service credits under the State Universities
9 Retirement System and the Teachers' Retirement System of the
10 State of Illinois shall be considered for the purposes of
11 determining temporary disability benefit eligibility under
12 this Section, and for determining the total period of time
13 for which such benefits are payable.
14 (g) The Board shall prescribe rules and regulations
15 governing the filing of claims for temporary disability
16 benefits, and the investigation, control and supervision of
17 such claims.
18 (h) References in this Section to employer-paid benefits
19 include benefits paid for by the State, either directly or
20 through a program of insurance or self-insurance, whether
21 paid through the member's own department or through some
22 other department or entity; but the term does not include
23 benefits paid by the System under this Article.
24 (Source: P.A. 88-535; 89-136, eff. 7-14-95; 89-246, eff.
25 8-4-95; 89-626, eff. 8-9-96.)
26 (40 ILCS 5/14-124) (from Ch. 108 1/2, par. 14-124)
27 Sec. 14-124. Nonoccupational disability benefit. A
28 member with at least 1 1/2 years of creditable service may be
29 granted a nonoccupational disability benefit, if:
30 (1) application for the benefit is made to the
31 system by the member in writing after the commencement of
32 disability;
33 (2) the member is found upon medical examination to
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1 be mentally or physically incapacitated to perform the
2 duties of the member's position;
3 (3) the disability resulted from a cause other than
4 an injury or illness sustained in connection with the
5 member's performance of duty as a State employee;
6 (4) the member has been granted a leave of absence
7 for disability at the time of commencement of disability.
8 Renewal of a disability leave of absence shall not be
9 required for the continued payment of benefits; and
10 (5) the member has used all accumulated sick leave
11 available at the beginning of the leave of absence for
12 disability.
13 The benefit shall begin to accrue on the latest of (i)
14 the 31st day of absence from work on account of disability
15 (including any periods of such absence for which sick pay was
16 received); (ii) the day following the day on which the member
17 last receives or has a right to receive any compensation as
18 an employee, including any sick pay; or (iii) if application
19 by the member is delayed more than 90 days after the member's
20 name is removed from the payroll, the date application is
21 received by the system. The benefit shall continue to accrue
22 until the first of the following to occur:
23 (a) the date on which disability ceases;
24 (b) the end of the month in which the member
25 attains age 65 in the case of benefits commencing prior
26 to attainment of age 60;
27 (c) the end of the month following the fifth
28 anniversary of the effective date of the benefit, or of
29 the temporary disability benefit if one was received, in
30 the case of benefits commencing on or after attainment of
31 age 60;
32 (d) the end of the month in which the aggregate
33 period for which non-occupational disability and
34 temporary disability benefit payments have been made
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1 becomes equal to 1/2 of the member's total period of
2 creditable service, not including the time during which
3 he has received a temporary disability benefit or
4 nonoccupational disability benefit; for purposes of this
5 item (d) only, in the case of a member to whom Section
6 14-108.2a or 14-108.2b applies and who, at the time
7 disability commences, is performing services for the
8 Illinois Department of Public Health or the Department of
9 State Police relating to the transferred functions
10 referred to in that Section and has less than 10 years of
11 creditable service under this Article, the member's
12 "total period of creditable service" shall be augmented
13 by an amount equal to (i) one half of the member's period
14 of creditable service in the Fund established under
15 Article 8 (excluding any creditable service over 20
16 years), minus (ii) the amount of the member's creditable
17 service under this Article;
18 (e) (blank) the date on which the member engages in
19 gainful employment;
20 (f) the end of the month in which the death of the
21 member occurs.
22 If disability has ceased and the member again becomes
23 disabled within 60 days from date of resumption of State
24 employment, and if the disability is due to the same cause
25 for which he received nonoccupational disability benefit
26 immediately preceding such reentry into service, the 30 days
27 waiting period prescribed for the receipt of benefits is
28 waived as to such new period of disability.
29 A member shall be considered disabled only when the board
30 has received:
31 (a) a written certificate by one or more licensed
32 and practicing physicians designated by the board,
33 certifying that the member is disabled and unable
34 properly to perform the duties of his position at the
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1 time of disability. ; and
2 (b) the employee certifies that he is not and has
3 not been engaged in gainful employment.
4 The board shall prescribe rules and regulations governing
5 the filing of claims for nonoccupational disability benefits,
6 and the investigation, control and supervision of such
7 claims.
8 Service credits under the State Universities Retirement
9 System and the Teachers' Retirement System of the State of
10 Illinois shall be considered for the purposes of
11 nonoccupational disability benefit eligibility under this
12 Article and for the total period of time for which such
13 benefits are payable.
14 The changes made to this Section by this amendatory Act
15 of the 91st General Assembly (removing the prohibition on
16 gainful employment) apply on and after the effective date of
17 this amendatory Act to all persons who receive a disability
18 benefit under this Section.
19 (Source: P.A. 88-535; 89-246, eff. 8-4-95.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.