Public Act 101-0054
 
HB1580 EnrolledLRB101 06623 RPS 51650 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Pension Code is amended  by changing 
Sections 14-123, 14-123.1, 14-124, 14-125, and 14-127 and  by 
adding Sections 14-103.42 and 14-124.5 as follows:
 
    (40 ILCS 5/14-103.42 new)
    Sec. 14-103.42. Licensed health care professional.  
"Licensed    health care professional": Any individual who has 
obtained a license through the Department of Financial and 
Professional Regulation under the Medical Practice Act of 1987, 
under the Physician Assistant Practice Act of 1987, or under 
the Clinical Psychologist Licensing Act or an advanced practice 
nurse licensed under the Nurse Practice Act.
 



    (40 ILCS 5/14-123)  (from Ch. 108 1/2, par. 14-123)



    Sec. 14-123. Occupational disability benefits. A member 
who becomes incapacitated to perform the duties of his position

as the proximate result of bodily injuries
sustained or a 
hazard undergone while in the performance and within the
scope 
of the member's duties, shall receive an occupational 
disability benefit;
provided:

    (a) application is made within 12 months after the date 
that such disability
results in the loss of pay, or 12 months 
after the date that the Illinois Workers' Compensation


Commission rules on the application for an occupational

disability, or 12 months after the occurrence of disablement if 
an occupational
disease; and

    (b) proper proof is received from one or more licensed 
health care professionals physicians designated by
the Board 
certifying that the member is mentally or physically 
incapacitated.

    The benefit shall be 75% of the member's final average 
compensation at
date of disability and shall be payable until 
the first of the following
dates occurs:

        (1) the date on which disability ceases;

        (2) the date on which the member engages in gainful 
    employment;

        (3) the end of the month in which the member attains 
    age 65, in the case
of benefits commencing prior to 
    attainment of age 60;

        (4) the end of the month following the fifth 
    anniversary of the effective
date of the benefit, or of the 
    temporary disability benefit if one was
received, in the 
    case of benefits commencing on or after attainment
of age 
    60; or

        (5) the end of the month in which the death of the 
    member
occurs.

    At the end of the month in which the benefits cease as 
prescribed in paragraphs
(3) or (4) above, if the member is 
still disabled, he shall become entitled
to a retirement 
annuity and the minimum period of service prescribed for
the 
receipt of such annuity shall be waived.

    In the event that a temporary disability benefit has been 
received, the
benefit paid under this Section shall be subject 
to adjustment by the Board
under Section 14-123.1.

    The Board shall prescribe rules and regulations governing 
the filing of
claims for occupational disability benefits, and 
the investigation, control
and supervision of such claims.

(Source: P.A. 93-721, eff. 1-1-05.)

 



    (40 ILCS 5/14-123.1)  (from Ch. 108 1/2, par. 14-123.1)



    Sec. 14-123.1. Temporary disability benefit. 

    (a) A member who has at least 18 months of creditable 
service and who
becomes physically or mentally incapacitated to 
perform the duties of his
position shall receive a temporary 
disability benefit, provided that:


        (1) the agency responsible for determining the 
    liability of the State
(i) has formally denied all 
    employer-paid temporary total disability
benefits under 
    the Workers' Compensation Act or the Workers' Occupational

    Diseases Act and an appeal of that denial is pending before 
    the Illinois Workers' Compensation

Commission, or (ii) has 
    granted and then terminated for any
reason an employer-paid 
    temporary total disability benefit and the member has
filed 
    a petition for a emergency hearing under Section 19(b) or 
    Section 19(b-1) of the Workers'
Compensation Act or Section 
    19(b) or Section 19(b-1) of the Workers' Occupational 
    Diseases
Act; and


        (2) application is made not later than (i) 12 months 
    after the date
that the disability results in loss of pay, 
    and (ii) 12
months after the date the agency responsible 
    for determining the liability of
the State under the 
    Workers' Compensation Act or Workers' Occupational 
    Diseases
Act has formally denied or terminated the 
    employer-paid temporary total
disability benefit; and , or 
    (iii) in the case of termination of an employer-paid

    temporary total disability benefit, 12 months after the 
    effective date of this
amendatory Act of 1995, whichever 
    occurs last; and


        (3) proper proof is received from one or more licensed    
    health care professionals physicians designated by
the 
    Board certifying that the member is mentally or physically 
    incapacitated.

    (b) In the case of a denial of benefits,
the temporary 
disability benefit shall begin to accrue on the 31st
day of 
absence from work on account of disability, but the benefit 
shall
not become actually payable to the member until the 
expiration of 31
days from the day upon which the member last 
received or had a
right to receive any compensation.

    In the case of termination of an employer-paid temporary 
total disability
benefit, the temporary disability benefit 
under this Section shall be
calculated from the day following 
the date of termination of the employer-paid
benefit or the 
31st day of absence from work on account of disability,

whichever is later, but shall not become payable to the member 
until (i) the
member's right to an employer-paid temporary 
total disability benefit is denied
as a result of the emergency 
hearing held under Section 19(b) or Section 19(b-1) of the 
Workers'
Compensation Act or Section 19(b) or Section 19(b-1) 
of the Workers' Occupational Diseases Act
or (ii) the 
expiration of 30 150 days from the date of termination of the

employer-paid benefit, whichever occurs first.  If a terminated 
employer-paid
temporary total disability benefit is resumed or 
replaced with another
employer-paid disability benefit and the 
resumed or replacement benefit is
later terminated and the 
member again files a petition for a emergency hearing
under 
Section 19(b) or Section 19(b-1) of the Workers' Compensation 
Act or Section 19(b) or Section 19(b-1) of
the Workers' 
Occupational Diseases Act, the member may again become eligible 
to
receive a temporary disability benefit under this Section.  
The waiting period
before the temporary disability benefit 
under this Section becomes payable
applies each time that the 
benefit is reinstated.

    The benefit shall continue to accrue until the first of the 
following events
occurs:


        (1) the disability ceases;


        (2) the member engages in gainful employment;


        (3) the end of the month in which the member attains 
    age 65, in the case
of benefits commencing prior to 
    attainment of age 60;


        (4) the end of the month following the fifth 
    anniversary of the
effective date of the benefit in the 
    case of benefits commencing on or
after attainment of age 
    60;


        (5) the end of the month in which the death of the 
    member occurs;


        (6) the end of the month in which the aggregate period 
    for which
temporary disability payments have been made 
    becomes equal to 1/2 of the
member's total period of 
    creditable service, not including the time for
which he has 
    received a temporary disability benefit or nonoccupational

    disability benefit; for purposes of this item (6) only, in 
    the case of a
member to whom Section 14-108.2a or 14-108.2b 
    applies and who, at the
time disability commences, is 
    performing services for the Illinois Department
of Public 
    Health or the Department of State Police relating to the 
    transferred
functions referred to in that Section and has 
    less than 10 years of creditable
service under this 
    Article, the member's "total period of creditable service"

    shall be augmented by an amount equal to (i) one half of 
    the member's period of
creditable service in the Fund 
    established under Article 8 (excluding any
creditable 
    service over 20 years), minus (ii) the amount of the 
    member's
creditable service under this Article;


        (7) a payment is made on the member's claim pursuant to 
    a
determination made by the agency responsible for 
    determining the liability of
the State under the Workers' 
    Compensation Act or the Workers' Occupational
Diseases 
    Act;


        (8) a final determination is made on the member's claim 
    by the
Illinois Workers' Compensation

Commission.

    (c) The temporary disability benefit shall be 50% of the 
member's final
average compensation at the date of disability.

    If a covered employee is eligible under the Social Security 
Act for a
disability benefit before attaining the Social 
Security full retirement age 65, or a retirement benefit on or

after attaining the Social Security full retirement age 65, 
then the amount of the member's temporary
disability benefit 
shall be reduced by the amount of primary benefit the
member is 
eligible to receive under the Social Security Act, whether or 
not
such eligibility came about as the result of service as a 
covered employee
under this Article.  The Board may make such 
reduction pending a
determination of eligibility if it appears 
that the employee may be so
eligible, and shall make an 
appropriate adjustment if necessary after such
determination 
has been made.  The amount of temporary disability benefit

payable under this Article shall not be reduced by reason of 
any increase
in benefits payable under the Social Security Act 
which occurs after the
reduction required by this paragraph has 
been applied. As used in this subsection, "Social Security full 
retirement age" means the age at which an individual is 
eligible to receive full Social Security retirement benefits. 

    (d) The temporary disability benefit provided under this 
Section is
intended as a temporary payment of occupational or 
nonoccupational
disability benefit, whichever is appropriate, 
in cases in which the
occupational or nonoccupational character 
of the disability has not been
finally determined.

    When an employer-paid disability benefit is paid or 
resumed, the Board
shall calculate the benefit that is payable 
under Section 14-123 and shall
deduct from the benefit payable 
under Section 14-123 the amounts already paid
under this 
Section; those amounts shall then be treated as if they had 
been
paid under Section 14-123.

    When a final determination of the character of the

disability has been made by the Illinois Workers' Compensation 
Commission, or by
settlement between the parties to the 
disputed claim, the Board shall
calculate the benefit that is 
payable under Section 14-123 or 14-124,
whichever is 
applicable, and shall deduct from such benefit the amounts

already paid under this Section; such amounts shall then be 
treated as if
they had been paid under such Section 14-123 or 
14-124.

    (e) Any excess benefits paid under this Section shall be 
subject to recovery
by the System from benefits payable under 
the Workers' Compensation Act or the
Workers' Occupational 
Diseases Act or from third parties as provided in Section

14-129, or from any other benefits payable either to the member 
or on his
behalf under this Article.  A member who accepts 
benefits under this Section
acknowledges and authorizes these 
recovery rights of the System.

    (f) Service credits under the State Universities 
Retirement System and
the Teachers' Retirement System of the 
State of Illinois shall be
considered for the purposes of 
determining temporary disability benefit
eligibility under 
this Section, and for determining the total period of
time for 
which such benefits are payable.

    (g) The Board shall prescribe rules and regulations 
governing the filing
of claims for temporary disability 
benefits, and the investigation, control
and supervision of 
such claims.

    (h) References in this Section to employer-paid benefits 
include benefits
paid for by the State, either directly or 
through a program of insurance or
self-insurance, whether paid 
through the member's own department or through
some other 
department or entity; but the term does not include benefits 
paid by
the System under this Article.

(Source: P.A. 93-721, eff. 1-1-05.)

 



    (40 ILCS 5/14-124)  (from Ch. 108 1/2, par. 14-124)



    Sec. 14-124. Nonoccupational disability benefit. A member 
with at least
1 1/2 years of creditable service may be granted 
a nonoccupational disability
benefit, if:


        (1) application for the benefit is made to the system 
    by the member
in writing after the commencement of 
    disability;


        (2) the member is found upon medical examination to be 
    mentally or
physically incapacitated to perform the duties 
    of the member's position;


        (3) the disability resulted from a cause other than an 
    injury or
illness sustained in connection with the member's 
    performance of duty as
a State employee;


        (4) the member has been granted a leave of absence for 
    disability at
the time of commencement of disability.  
    Renewal of a disability leave
of absence shall not be 
    required for the continued payment of
benefits; and


        (5) the member has used all accumulated sick leave 
    available at the
beginning of the leave of absence for 
    disability.

    The benefit shall begin to accrue on the latest of (i) the 
31st
day of absence from work on account of
disability 
(including any periods of such absence for which sick pay was

received); or (ii) the day following the day on which the 
member last receives
or has a right to receive any compensation 
as an employee,
including any sick pay. ; or (iii) if 
application by the
member is delayed more than 90 days after 
the member's name is removed
from the payroll, the date 
application is
received by the system. The benefit shall 
continue to accrue until the
first of the following to occur:


        (a) the date on which disability ceases;


        (b) the end of the month in
which the member attains 
    age 65 in the case of benefits commencing prior
to 
    attainment of age 60;


        (c) the end of the month following the fifth 
    anniversary of the effective
date of the benefit, or of the 
    temporary disability benefit if one was
received, in the 
    case of benefits commencing on or after attainment
of age 
    60;


        (d) the end of the month in which the aggregate period 
    for which
non-occupational disability and temporary 
    disability benefit payments have been
made becomes equal to 
    1/2 of the member's total period of creditable service,
not 
    including the time during which he has received a temporary 
    disability
benefit or nonoccupational disability benefit; 
    for purposes of this item (d)
only, in the case of a member 
    to whom Section 14-108.2a or 14-108.2b
applies and who, at 
    the time disability commences, is performing services for

    the Illinois Department of Public Health or the Department 
    of State Police
relating to the transferred functions 
    referred to in that Section and has less
than 10 years of 
    creditable service under this Article, the member's "total

    period of creditable service" shall be augmented by an 
    amount equal to (i) one
half of the member's period of 
    creditable service in the Fund established under
Article 8 
    (excluding any creditable service over 20 years), minus 
    (ii) the
amount of the member's creditable service under 
    this Article;


        (e) the date on which the member engages in gainful 
    employment;


        (f) the end of the month in which the death of the 
    member occurs.

    If disability has ceased and the member again becomes 
disabled within
60 days from date of resumption of State 
employment, and if the
disability is due to the same cause for 
which he received
nonoccupational disability benefit 
immediately preceding such reentry
into service, the 30 days 
waiting period prescribed for the receipt of
benefits is waived 
as to such new period of disability.

    A member shall be considered disabled only when the board 
has
received:


        (a) a written certificate by one or more licensed 
    health care professionals and practicing
physicians 
    designated by the board, certifying that the member is

    disabled and unable properly to perform the duties of his 
    position at
the time of disability; and


        (b) the employee certifies that he is not and has not 
    been engaged
in gainful employment.

    The board shall prescribe rules and regulations governing 
the filing
of claims for nonoccupational disability benefits, 
and the
investigation, control and supervision of such claims.

    Service credits under the State Universities Retirement 
System and
the Teachers' Retirement System of the State of 
Illinois shall be
considered for the purposes of 
nonoccupational disability benefit
eligibility under this 
Article and for the total period of time for
which such 
benefits are payable.

(Source: P.A. 88-535; 89-246, eff. 8-4-95.)

 
    (40 ILCS 5/14-124.5 new)
    Sec. 14-124.5. Reports submitted to the System by licensed 
health care professionals. A licensed health care professional 
must submit his or her registration number on all reports 
submitted to the System.
 



    (40 ILCS 5/14-125)  (from Ch. 108 1/2, par. 14-125)



    Sec. 14-125. Nonoccupational disability benefit - Amount 
of. The
nonoccupational disability benefit shall be 50% of the 
member's final
average  compensation at the time disability 
occurred.  In the case of a
member whose benefit was resumed due 
to the same disability, the amount of
the benefit shall be the 
same
as that last paid before resumption of State employment.  
In the event
that a temporary disability benefit has been 
received, the nonoccupational
disability benefit shall be 
subject to adjustment by the Board under Section 14-123.1.

    If a covered employee is eligible for a disability benefit 
before attaining the Social Security full retirement
age 65 or 
a retirement benefit on or after attaining the Social Security 
full retirement age 65 under the
Federal Social Security Act, 
the amount of the member's nonoccupational disability
benefit 
shall be reduced by the amount of primary benefit the member 
would
be eligible to receive
under such Act, whether or not 
entitlement thereto came
about as the result of service as a 
covered employee under this Article.
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. The amount of 
any
nonoccupational
disability benefit payable under
this 
Article shall not be reduced by reason of any increase under 
the
Federal Social Security Act which occurs after the offset 
required by this
Section is first applied to that benefit.

    As used in this subsection, "Social Security full 
retirement age" means the age at which an individual is 
eligible to receive full Social Security retirement benefits. 
(Source: P.A. 84-1028.)

 



    (40 ILCS 5/14-127)  (from Ch. 108 1/2, par. 14-127)



    Sec. 14-127. Credit during disability. During
any period of 
disability for which
nonoccupational, occupational or 
temporary disability benefits are
paid, there shall be credited 
to the account of the disabled member amounts
representing the 
contributions the member would have made had he or she remained 
in active
employment in the same position and at the rate of 
compensation in effect
at the time disability occurred. Service 
credit shall also be granted
him during any such
periods of 
disability for all purposes of this Article except for

measuring the duration of nonoccupational and temporary 
disability
benefits.  The resolution of a temporary disability

benefit into an occupational or nonoccupational disability 
benefit shall
not entitle the disabled member to receive 
duplicate contribution and
service credit under this Section 
for the period during which the temporary
disability benefit 
was paid.

(Source: P.A. 84-1028.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.