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92_HB0962 LRB9202149EGfg 1 AN ACT in relation to 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 Section 7-152 as follows: 6 (40 ILCS 5/7-152) (from Ch. 108 1/2, par. 7-152) 7 Sec. 7-152. Disability benefits - Amount. The amount of 8 the monthly temporary and total and permanent disability 9 benefits shall be 50% of the participating employee's final 10 rate of earnings on the date disability was incurred, subject 11 to the following adjustments: 12 (a) If the participating employee has a reduced rate of 13 earnings at the time his employment ceases because of 14 disability, the rate of earnings shall be computed on the 15 basis of his last 12 month period of full-time employment. 16 (b) If the participating employee is eligible for a 17 disability benefit under the Federal Social Security Act, the 18 amount of monthly disability benefits shall be reduced, but 19 not to less than $10 a month, by the amount he would be 20 eligible to receive as a disability benefit under the Federal 21 Social Security Act, whether or not because of service as a 22 covered employee under this Article. The reduction shall be 23 effective as of the month the employee is eligible for Social 24 Security disability benefits. The Board may make such 25 reduction if it appears that the employee may be so eligible 26 pending determination of eligibility and make an appropriate 27 adjustment if necessary after such determination. If the 28 employee, because of his refusal to accept rehabilitation 29 services under the Federal Rehabilitation Act of 1973 or the 30 Federal Social Security Act, or because he is receiving 31 workers' compensation benefits, has his Social Security -2- LRB9202149EGfg 1 benefits reduced or terminated, the disability benefit shall 2 be reduced as if the employee were receiving his full Social 3 Security disability benefit. 4 (c) If the employee is over age 65, was not eligible for 5 a Social Security benefit immediately before reaching age 65 6 and is eligible for a Social Security old-age insurance 7 benefit, the amount of the monthly disability benefit shall 8 be reduced, but not to less than $10 a month, by the amount 9 of the old-age insurance benefit to which the employee is 10 entitled whether or not the employee applies for the Social 11 Security old-age insurance benefit. This reduction shall be 12 made in the month after the month in which the employee 13 attains age 65. However, if the employee was receiving a 14 Social Security disability benefit before reaching age 65, 15 the disability benefits after age 65 shall be determined 16 under subsection (b) of this Section. 17 (d) The amount of disability benefits shall not be 18 reduced by reason of any increase, other than one resulting 19 from a correction in the employee's wage records, in the 20 amount of disability or old-age insurance benefits under the 21 Federal Social Security Act which takes effect after the 22 month of the initial reduction under paragraph (b) or (c) of 23 this Section. 24 (e) If the employee in any month receives compensation 25 from gainful employment which is more than 25% of the final 26 rate of earnings on which his disability benefits are based, 27 the temporary disability benefit payable for that month shall 28 be reduced by an amount equal to such excess. 29 (f) An employee who has been disabled for at least 30 30 days may return to work for the employer on a part-time basis 31 for a trial work period of up to one year, during which the 32 disability shall be deemed to continue. Service credit shall 33 continue to accrue and the disability benefit shall continue 34 to be paid during the trial work period, but the benefit -3- LRB9202149EGfg 1 shall be reduced by the amount of earnings received by the 2 disabled employee. Return to service on a full-time basis 3 shall terminate the trial work period. The reduction under 4 this subsection (f) shall be in lieu of the reduction, if 5 any, required under subsection (e). 6 (g) Beginning January 1, 1988, every total and permanent 7 disability benefit shall be increased by 3% of the original 8 amount of the benefit, not compounded, on each January 1 9 following the later of (1) the date the total and permanent 10 disability benefit begins, or (2) the date the total and 11 permanent disability benefit would have begun if the employee 12 had been paid a temporary disability benefit for 30 months. 13 (h) Beginning January 1, 2002, the basic disability 14 benefit for a sheriff's law enforcement employee whose 15 disability is the result of sickness, accident, or injury 16 incurred in or resulting from the performance of an act of 17 duty shall be 65% of the employee's final rate of earnings on 18 the date the disability was incurred, rather than the 50% 19 otherwise provided under this Section. A sheriff's law 20 enforcement employee who meets the requirement of this 21 subsection (h) and is receiving a disability benefit on that 22 date shall have the benefit increased accordingly. 23 (Source: P.A. 87-740.) 24 Section 90. The State Mandates Act is amended by adding 25 Section 8.25 as follows: 26 (30 ILCS 805/8.25 new) 27 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 28 and 8 of this Act, no reimbursement by the State is required 29 for the implementation of any mandate created by this 30 amendatory Act of the 92nd General Assembly. 31 Section 99. Effective date. This Act takes effect upon -4- LRB9202149EGfg 1 becoming law.