|
(b) A temporary disability benefit shall be payable to a |
temporarily
disabled employee provided:
|
1. He:
|
(i) has at least one year of service immediately |
preceding the
date the temporary disability was |
incurred and has made contributions to
the fund for at |
least the number of months of service normally required
|
in his position during a 12-month period, or has at |
least 5 years of
service credit, the last year of which |
immediately precedes such date; or
|
(ii) had qualified under clause (i) above, but had |
an interruption in
service with the same participating |
municipality or participating
instrumentality of not |
more than 3 months in the 12 months preceding the date
|
the temporary disability was incurred and was not paid |
a separation benefit; or
|
(iii) had qualified under clause (i) above, but had |
an interruption
after 20 or more years of creditable |
service, was not paid a separation
benefit, and |
returned to service prior to the date the disability |
was incurred.
|
Item (iii) of this subdivision shall apply to all |
employees
whose disabilities were incurred on or after July |
1, 1985, and any such
employee who becomes eligible for a |
disability benefit under item
(iii) shall be entitled to |
receive a lump sum payment of any accumulated
disability |
|
benefits which may accrue from the date the disability was
|
incurred until the effective date of this amendatory Act of |
1987.
|
Periods of qualified leave granted in compliance with |
the federal Family
and Medical Leave Act shall be ignored |
for purposes of determining the number
of consecutive |
months of employment under this subdivision (b)1.
|
2. He has been temporarily disabled for at least 30 |
days, except
where a former temporary or permanent and |
total disability has
reoccurred within 6 months after the |
employee has returned
to service.
|
3. He is receiving no earnings from a participating |
municipality or
instrumentality thereof or participating |
instrumentality, except as
allowed under subsection (f) of |
Section 7-152.
|
4. He has not refused to submit to a reasonable |
physical examination
by a physician appointed by the Board.
|
5. His disability is not the result of a mental or |
physical
condition which existed on the earliest date of |
service from which he
has uninterrupted service, including |
prior service, at the date of his
disability, provided that |
this limitation is not applicable if the date of
disability |
is after December 31, 2001, nor is it applicable
to a |
participating employee who: (i) on the date of disability |
has 5 years
of creditable service, exclusive of creditable |
service for periods of
disability; or (ii) received no |
|
medical treatment for the condition for the 3
years |
immediately prior to such earliest date of service.
|
6. He is not separated from the service of the |
participating
municipality or instrumentality thereof or |
participating instrumentality
which employed him on the |
date his temporary disability was incurred;
for the |
purposes of payment of temporary disability benefits, a
|
participating employee, whose employment relationship is |
terminated by
his employing municipality, shall be deemed |
not to be separated from the
service of his employing |
municipality or participating instrumentality
if he |
continues disabled by the same condition and so long as he |
is
otherwise entitled to such disability benefit.
|
7. He has not failed or refused to consent to and sign |
an authorization allowing the Board to receive copies of or |
to examine his medical and hospital records. |
8. He has not failed or refused to provide complete |
information regarding any other employment for |
compensation he has received since becoming disabled. |
(Source: P.A. 97-415, eff. 8-16-11; 98-218, eff. 8-9-13.)
|
(40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
|
Sec. 7-150. Total and permanent disability benefits - |
Eligibility. Total and permanent disability benefits shall be |
payable to
participating employees as hereinafter provided, |
including those
employees receiving disability benefit on July |
|
1, 1962.
|
(a) A participating employee shall be considered totally |
and
permanently disabled if:
|
1. He is unable to engage in any gainful activity |
because of any
medically determinable physical or mental |
impairment which can be
expected to result in death or be |
of a long continued and indefinite
duration, other than as |
a result of self-inflicted
injury or addiction to narcotic |
drugs;
|
2. The Board has received a written certification by at |
least 1
licensed and practicing physician stating that the |
employee meets the
qualifications of subparagraph 1 of this |
paragraph (a).
|
(b) A totally and permanently disabled employee is entitled |
to a
permanent disability benefit provided:
|
1. He has exhausted his temporary disability benefits.
|
2. He:
|
(i) has at least one year of service immediately |
preceding the
date the disability was incurred and has |
made contributions to the fund
for at least the number |
of months of service normally required in his
position |
during a 12 month period, or has at least 5 years of |
service
credit, the last year of which immediately |
preceded the date the
disability was incurred; or
|
(ii) had qualified under clause (i) above, but had |
an interruption in
service with the same participating |
|
municipality or participating
instrumentality of not |
more than 3 months in the 12 months preceding the date
|
the temporary disability was incurred and was not paid |
a separation benefit; or
|
(iii) had qualified under clause (i) above, but had |
an interruption
after 20 or more years of creditable |
service, was not paid a separation
benefit, and |
returned to service prior to the date the disability |
was incurred.
|
Item (iii) of this subdivision shall apply to all |
employees
whose disabilities were incurred on or after July |
1, 1985, and any such
employee who becomes eligible for a |
disability benefit under item
(iii) shall be entitled to |
receive a lump sum payment of any accumulated
disability |
benefits which may accrue from the date the disability was
|
incurred until the effective date of this amendatory Act of |
1987.
|
Periods of qualified leave granted in compliance with |
the federal Family
and Medical Leave Act shall be ignored |
for purposes of determining the number
of consecutive |
months of employment under this subdivision (b)2.
|
3. He is receiving no earnings from a participating |
municipality or
instrumentality thereof or participating |
instrumentality, except as
allowed under subsection (f) of |
Section 7-152.
|
4. He has not refused to submit to a reasonable |
|
physical examination
by a physician appointed by the Board.
|
5. His disability is not the result of a mental or |
physical
condition which existed on the earliest date of |
service from which he
has uninterrupted service, including |
prior service, at the date of his
disability, provided that |
this limitation shall not be applicable to a
participating |
employee who, without receiving a disability benefit,
|
receives 5 years of creditable service.
|
6. He is not separated from the service of his |
employing
participating municipality or instrumentality |
thereof or participating
instrumentality on the date his |
temporary disability was incurred; for
the purposes of |
payment of total and permanent disability benefits, a
|
participating employee, whose employment relationship is |
terminated by
his employing municipality, shall be deemed |
not to be separated from the
service of his employing |
municipality or participating instrumentality
if he |
continues disabled by the same condition and so long as he |
is
otherwise entitled to such disability benefit.
|
7. He has not refused to apply for a disability benefit |
under the
Federal Social Security Act at the request of the |
Board. |
8. He has not failed or refused to consent to and sign |
an authorization allowing the Board to receive copies of or |
to examine his medical and hospital records. |
9. He has not failed or refused to provide complete |
|
information regarding any other employment for |
compensation he has received since becoming disabled.
|
(c) A participating employee shall remain eligible and may |
make
application for a total and permanent disability benefit |
within 90 days
after the termination of his temporary |
disability benefits or within
such longer period terminating at |
the end of the period during which his
employing municipality |
is prevented from employing him by reason of any
statutory |
prohibition.
|
(Source: P.A. 97-415, eff. 8-16-11.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|