Full Text of SB3501 96th General Assembly
SB3501sam001 96TH GENERAL ASSEMBLY
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Sen. Mike Jacobs
Filed: 3/11/2010
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LRB096 18783 AMC 38121 a |
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| AMENDMENT TO SENATE BILL 3501
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| AMENDMENT NO. ______. Amend Senate Bill 3501 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Section 9-157 as follows:
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| (40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157)
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| Sec. 9-157. Ordinary disability benefit. An employee while | 8 |
| under age 65
and prior to January 1, 1979, or while under age | 9 |
| 70 and after January 1,
1979, but prior to January 1, 1987, and | 10 |
| regardless of age on or after
January 1, 1987, who becomes | 11 |
| disabled after becoming a contributor to the
fund as the result | 12 |
| of any cause other than injury incurred in the
performance of | 13 |
| an act of duty is entitled to ordinary disability benefit
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| during such disability, after the first 30 days thereof.
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| No employee who becomes disabled and whose disability | 16 |
| commences
during any period of absence from duty without pay |
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| other than on paid vacation may
receive ordinary disability | 2 |
| benefit until he recovers from such
disability and performs the | 3 |
| duties of his position in the service for at
least 15 | 4 |
| consecutive days, Sundays and holidays excepted, after his
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| recovery from such disability.
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| The benefit shall not be allowed unless application | 7 |
| therefore therefor is made
while the disability exists, nor for | 8 |
| any period of disability before 30
days before the application | 9 |
| for such benefit is made. The foregoing
limitations do not | 10 |
| apply if the board finds from satisfactory evidence
presented | 11 |
| to it that there was reasonable cause for delay in filing such
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| application within such periods of time.
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| The first payment shall be made not later than one month | 14 |
| after the
benefit is granted and each subsequent payment shall | 15 |
| be made not later
than one month after the last preceding | 16 |
| payment.
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| The disability benefit prescribed herein shall cease when | 18 |
| the first of
the following dates shall occur and the employee, | 19 |
| if still disabled, shall
thereafter be entitled to such annuity | 20 |
| as is otherwise provided in this
Article:
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| (a) the date disability ceases.
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| (b) the date the disabled employee attains age 65 for | 23 |
| disability
commencing prior to January 1, 1979.
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| (c) the date the disabled employee attains 65 for | 25 |
| disability commencing
prior to attainment of age 60 in the | 26 |
| service and after January 1, 1979.
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LRB096 18783 AMC 38121 a |
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| (d) the date the disabled employee attains the age of 70 | 2 |
| for disability
commencing after attainment of age 60 in the | 3 |
| service and after January 1, 1979.
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| (e) the date the payments of the benefit shall exceed in | 5 |
| the aggregate,
throughout the employee's service, a period | 6 |
| equal to 1/4 of the total service
rendered prior to the date of | 7 |
| disability but in no event more than 5 years.
In computing such | 8 |
| total service any period during which the employee
received | 9 |
| ordinary disability benefit and any period of absence from duty
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| other than paid vacation shall be excluded.
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| Any employee whose duty disability benefit was terminated | 12 |
| on or after
January 1, 1979 by reason of his attainment of age | 13 |
| 65 and who continues to
be disabled after age 65 may elect | 14 |
| before July 1, 1986 to have such
benefits resumed beginning at | 15 |
| the time of such termination and continuing
until termination | 16 |
| is required under this Section as amended by this
amendatory | 17 |
| Act of 1985. The amount payable to any employee for such
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| resumed benefit for any period shall be reduced by the amount | 19 |
| of any
retirement annuity paid to such employee under this | 20 |
| Article for the same
period of time or by any refund paid in | 21 |
| lieu of annuity.
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| Any employee whose disability benefit was terminated on or | 23 |
| after
January 1, 1987 by reason of his attainment of age 70, | 24 |
| and who continues to
be disabled after age 70, may elect before | 25 |
| March 31, 1988, to have such
benefits resumed beginning at the | 26 |
| time of such termination and continuing
until termination is |
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| required under this Section as amended by this
amendatory Act | 2 |
| of 1987. The amount payable to any employee for such
resumed | 3 |
| benefit for any period shall be reduced by the amount of any
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| retirement annuity paid to such employee under this Article for | 5 |
| the same
period of time or by any refund paid in lieu of | 6 |
| annuity.
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| Ordinary disability benefit shall be 50% of the employee's | 8 |
| salary at
the date of disability. Instead of all amounts | 9 |
| ordinarily contributed by
an employee and by the county for age | 10 |
| and service
annuity and widow's annuity based on the salary at | 11 |
| date of disability,
the county shall contribute sums equal to | 12 |
| such amounts for any period
during which the employee receives | 13 |
| ordinary disability and such is
deemed for annuity and refund | 14 |
| purposes as amounts contributed by him. The
county shall also | 15 |
| contribute 1/2 of 1% salary deductions required
as a | 16 |
| contribution from the employee under Section 9-133.
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| An employee who has withdrawn from service or was laid off | 18 |
| for any
reason, who is absent from service thereafter for 60 | 19 |
| days or more who
re-enters the service subsequent to such | 20 |
| absence is not entitled to
ordinary disability benefit unless | 21 |
| he renders at least 6 months of
service subsequent to the date | 22 |
| of such last re-entry.
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| (Source: P.A. 85-964.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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