Sen. Chapin Rose
Filed: 3/20/2023
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1 | AMENDMENT TO SENATE BILL 1115
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2 | AMENDMENT NO. ______. Amend Senate Bill 1115 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 15-150, 15-153, 15-153.2, and 15-198 as | ||||||
6 | follows:
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7 | (40 ILCS 5/15-150) (from Ch. 108 1/2, par. 15-150)
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8 | Sec. 15-150. Disability benefits; eligibility benefits - | ||||||
9 | Eligibility . A participant may
be granted a disability benefit | ||||||
10 | if: (1) while a
participating employee, he or she becomes | ||||||
11 | physically or mentally
incapacitated and unable to perform the | ||||||
12 | duties of his or her assigned
position for any period | ||||||
13 | exceeding 60 days; and (2) the employee had completed
2 years | ||||||
14 | of service at the time of disability, unless the disability is | ||||||
15 | a result
of an accident or the employee is a police officer who | ||||||
16 | qualifies for the calculation under subsection (b) of Section |
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1 | 15-153 .
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2 | An employee shall be considered disabled only during the | ||||||
3 | period for which
the board determines, based upon the evidence | ||||||
4 | listed below, that the employee is unable
to reasonably | ||||||
5 | perform the duties of his or her assigned position as a result
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6 | of a physical or mental disability. This determination shall | ||||||
7 | be based upon:
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8 | (i) a written certificate from one or more licensed | ||||||
9 | and practicing
physicians appointed by or acceptable to | ||||||
10 | the board, stating that the employee
is disabled and | ||||||
11 | unable to reasonably perform the duties of his or her | ||||||
12 | assigned
position;
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13 | (ii) a written certificate from the employer
stating | ||||||
14 | that the employee is unable to perform the duties of his or | ||||||
15 | her
assigned position and, if the employee is a police | ||||||
16 | officer, the employer's position on whether the disability | ||||||
17 | qualifies as a line of duty disability ; and
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18 | (iii) any other medical examinations, hospital | ||||||
19 | records, laboratory
results, or other information | ||||||
20 | necessary for determining the employment capacity
and | ||||||
21 | condition of the employee ; and .
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22 | (iv) if the employee is a police officer applying for | ||||||
23 | a line of duty disability, a written certification from | ||||||
24 | one or more licensed and practicing physicians appointed | ||||||
25 | by or acceptable to the board, stating that the disability | ||||||
26 | qualifies as a line of duty disability under subsection |
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1 | (b) of Section 15-153. | ||||||
2 | The board shall prescribe rules governing the filing, | ||||||
3 | investigation,
control, and supervision of disability claims.
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4 | Costs incurred by a claimant in connection with completing a | ||||||
5 | claim for
disability benefits shall be paid (A) by the | ||||||
6 | claimant, in the case of the one
required medical examination, | ||||||
7 | medical certificate, and employer's certificate
and any other | ||||||
8 | requirements generally imposed by the board on all disability
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9 | benefit claimants; and (B) by the System, in the case of any | ||||||
10 | additional medical
examination or other additional requirement | ||||||
11 | imposed on a particular claimant
that is not imposed generally | ||||||
12 | on all disability benefit claimants.
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13 | Pregnancy and childbirth shall be considered a disability.
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14 | The same application shall be used to determine | ||||||
15 | eligibility for the calculation of disability benefits under | ||||||
16 | subsection (a) or subsection (b) of Section 15-153. | ||||||
17 | (Source: P.A. 90-766, eff. 8-14-98.)
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18 | (40 ILCS 5/15-153) (from Ch. 108 1/2, par. 15-153)
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19 | Sec. 15-153. Disability benefits; amount benefits - | ||||||
20 | Amount . | ||||||
21 | (a) Except as provided in subsection (b), the The | ||||||
22 | disability benefit shall
be the greater of (1) 50% of the basic | ||||||
23 | compensation which would have been paid
had the participant | ||||||
24 | continued in service for the entire period during which
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25 | disability benefits are payable, excluding wage or salary |
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1 | increases subsequent
to the date of disability or extra | ||||||
2 | prospective earnings on a summer teaching
contract or other | ||||||
3 | extra service not yet entered upon or (2) 50% of the
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4 | participant's average earnings during the 24 months | ||||||
5 | immediately preceding the
month in which disability occurs. In | ||||||
6 | determining the disability benefit, the
basic compensation of | ||||||
7 | a participating employee on leave of absence or on
lay-off | ||||||
8 | status shall be assumed to be equal to his or her basic | ||||||
9 | compensation
on the date the leave of absence or lay-off | ||||||
10 | begins.
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11 | (b) In lieu of the amount of the disability benefit | ||||||
12 | otherwise provided for in subsection (a) of this Section, for | ||||||
13 | a participant who is employed as a police officer and who | ||||||
14 | incurs a line of duty disability, the disability benefit under | ||||||
15 | this Section shall be the greater of: (1) 65% of the basic | ||||||
16 | compensation that would have been paid had the participant | ||||||
17 | continued in employment for the entire period during which | ||||||
18 | disability benefits are payable, excluding wage or salary | ||||||
19 | increases subsequent to the date of disability; or (2) 65% of | ||||||
20 | the participant's average earnings during the 24 months | ||||||
21 | immediately preceding the month in which disability occurs. In | ||||||
22 | determining the disability benefit, the basic compensation of | ||||||
23 | a participating employee on leave of absence or on lay-off | ||||||
24 | status shall be assumed to be equal to his or her basic | ||||||
25 | compensation on the date the leave of absence or lay-off | ||||||
26 | begins. |
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1 | Any police officer who suffers a heart attack or stroke as | ||||||
2 | a result of the performance and discharge of police duty shall | ||||||
3 | be considered to have been injured in the performance of an act | ||||||
4 | of duty and shall be eligible for the calculation of benefits | ||||||
5 | provided for under this subsection (b). | ||||||
6 | A police officer shall be considered to be in the | ||||||
7 | performance of an act of duty while on any assignment approved | ||||||
8 | by the police officer's chief, whether the assignment is on or | ||||||
9 | off the employer's property. | ||||||
10 | The changes made to this Section shall apply to | ||||||
11 | participants whose line of duty disability occurred on or | ||||||
12 | after January 1, 2022. | ||||||
13 | For the purposes of this Section, "line of duty | ||||||
14 | disability" means that, as the result of sickness, accident, | ||||||
15 | or injury incurred in or resulting from the performance of an | ||||||
16 | act of duty, the police officer is found to be physically or | ||||||
17 | mentally disabled for employment as a police officer so as to | ||||||
18 | render necessary his or her suspension or retirement from | ||||||
19 | employment as a police officer or is found to be unable to | ||||||
20 | perform his or her duties as a police officer by reason of | ||||||
21 | heart disease, stroke, tuberculosis, or any disease of the | ||||||
22 | lungs or respiratory tract, resulting from employment as a | ||||||
23 | police officer. | ||||||
24 | If the disability benefit is 50% of basic compensation | ||||||
25 | under subsection (a) or 65% of basic compensation under | ||||||
26 | subsection (b) , payments during the
academic year shall accrue |
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1 | over the period that the basic
compensation would have been | ||||||
2 | paid had the participant continued in
service. If the | ||||||
3 | disability benefit is 50% under subsection (a) or 65% under | ||||||
4 | subsection (b) of the average earnings of the
participant | ||||||
5 | during the 24 months immediately preceding the month in
which | ||||||
6 | disability occurs, payments during the year shall accrue
over | ||||||
7 | a period of 12 months. Disability benefits shall be paid as of | ||||||
8 | the
end of each calendar month during which payments accrue. | ||||||
9 | Payments for
fractional parts of a month shall be determined | ||||||
10 | by prorating the total
amount payable for the full month on the | ||||||
11 | basis of days elapsing during
the month. Any disability | ||||||
12 | benefit accrued but unpaid on the death of
a participant shall | ||||||
13 | be paid to the participant's beneficiary.
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14 | (Source: P.A. 93-347, eff. 7-24-03.)
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15 | (40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
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16 | Sec. 15-153.2. Disability retirement annuity. | ||||||
17 | (a) This subsection (a) applies to a participant receiving | ||||||
18 | benefits calculated under subsection (a) of Section 15-153. A | ||||||
19 | participant whose
disability benefits are discontinued under | ||||||
20 | the provisions of clause (6) of
Section 15-152 and who is not a | ||||||
21 | participant in the optional retirement plan
established under | ||||||
22 | Section 15-158.2 is entitled to a disability
retirement | ||||||
23 | annuity of 35% of the basic compensation which was payable to | ||||||
24 | the
participant at the time that disability began, provided | ||||||
25 | that the board determines that the participant has a medically |
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1 | determinable physical or
mental impairment that prevents him | ||||||
2 | or her from
engaging in any substantial gainful activity, and | ||||||
3 | which can be expected to
result in death or which has lasted or | ||||||
4 | can be expected to last for a continuous
period of not less | ||||||
5 | than 12 months.
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6 | (b) This subsection (b) applies to a participant receiving | ||||||
7 | benefits calculated under subsection (b) of Section 15-153. A | ||||||
8 | participant whose disability benefits are discontinued under | ||||||
9 | clause (6) of Section 15-152 and who is not a participant in | ||||||
10 | the optional retirement plan established under Section | ||||||
11 | 15-158.2 is entitled to a disability retirement annuity of 65% | ||||||
12 | of the basic compensation that was payable to the participant | ||||||
13 | at the time that disability began, provided that the board | ||||||
14 | determines that the participant has a medically determinable | ||||||
15 | physical or mental impairment that prevents him or her from | ||||||
16 | engaging in any substantial gainful activity and can be | ||||||
17 | expected to result in death or has lasted or can be expected to | ||||||
18 | last for a continuous period of not less than 12 months. | ||||||
19 | (c) The board's determination of whether a participant is | ||||||
20 | disabled shall be
based upon:
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21 | (i) a written certificate from one or more licensed | ||||||
22 | and practicing
physicians appointed by or acceptable to | ||||||
23 | the board, stating that the
participant is unable to | ||||||
24 | engage in any substantial gainful activity; and
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25 | (ii) any other medical examinations, hospital records, | ||||||
26 | laboratory
results, or other information necessary for |
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1 | determining the employment
capacity and condition of the | ||||||
2 | participant.
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3 | The terms "medically determinable physical or mental | ||||||
4 | impairment" and
"substantial gainful activity" shall have the | ||||||
5 | meanings ascribed to them in the
federal Social Security Act, | ||||||
6 | as now or hereafter amended, and the
regulations issued | ||||||
7 | thereunder.
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8 | (d) The disability retirement annuity payment period shall | ||||||
9 | begin immediately
following the expiration of the disability | ||||||
10 | benefit payments under clause
(6) of Section 15-152 and shall | ||||||
11 | be discontinued for a recipient of a disability retirement | ||||||
12 | annuity when (1) the physical or
mental impairment no longer | ||||||
13 | prevents the recipient from engaging in any
substantial | ||||||
14 | gainful activity, (2) the recipient dies, (3) the recipient
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15 | elects to receive a retirement annuity under Sections 15-135 | ||||||
16 | and 15-136, (4) the recipient refuses to submit to a | ||||||
17 | reasonable physical examination by a physician approved by the | ||||||
18 | board, or (5) the recipient fails to provide an earnings | ||||||
19 | verification necessary to determine continuance of benefits.
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20 | If a person's disability retirement annuity is discontinued | ||||||
21 | under clause
(1), all rights and credits accrued in the system | ||||||
22 | on the date that the
disability retirement annuity began shall | ||||||
23 | be restored, and the disability
retirement annuity paid shall | ||||||
24 | be considered as disability payments under
clause (6) of | ||||||
25 | Section 15-152.
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26 | (e) The board shall adopt rules governing the filing, |
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1 | investigation, control, and supervision of disability | ||||||
2 | retirement annuity claims. Costs incurred by a claimant in | ||||||
3 | connection with completing a claim for a disability retirement | ||||||
4 | annuity shall be paid: (A) by the claimant in the case of the | ||||||
5 | one required medical examination, medical certificate, and any | ||||||
6 | other requirements generally imposed by the board on all | ||||||
7 | disability retirement annuity claimants; and (B) by the System | ||||||
8 | in the case of any additional medical examination or other | ||||||
9 | additional requirement imposed on a particular claimant that | ||||||
10 | is not imposed generally on all disability retirement annuity | ||||||
11 | claimants. | ||||||
12 | (Source: P.A. 100-556, eff. 12-8-17.)
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13 | (40 ILCS 5/15-198)
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14 | Sec. 15-198. Application and expiration of new benefit | ||||||
15 | increases. | ||||||
16 | (a) As used in this Section, "new benefit increase" means | ||||||
17 | an increase in the amount of any benefit provided under this | ||||||
18 | Article, or an expansion of the conditions of eligibility for | ||||||
19 | any benefit under this Article, that results from an amendment | ||||||
20 | to this Code that takes effect after June 1, 2005 (the | ||||||
21 | effective date of Public Act 94-4). "New benefit increase", | ||||||
22 | however, does not include any benefit increase resulting from | ||||||
23 | the changes made to Article 1 or this Article by Public Act | ||||||
24 | 100-23, Public Act 100-587, Public Act 100-769, Public Act | ||||||
25 | 101-10, Public Act 101-610, Public Act 102-16, or this |
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1 | amendatory Act of the 103rd General Assembly this amendatory | ||||||
2 | Act of the 102nd General Assembly . | ||||||
3 | (b) Notwithstanding any other provision of this Code or | ||||||
4 | any subsequent amendment to this Code, every new benefit | ||||||
5 | increase is subject to this Section and shall be deemed to be | ||||||
6 | granted only in conformance with and contingent upon | ||||||
7 | compliance with the provisions of this Section.
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8 | (c) The Public Act enacting a new benefit increase must | ||||||
9 | identify and provide for payment to the System of additional | ||||||
10 | funding at least sufficient to fund the resulting annual | ||||||
11 | increase in cost to the System as it accrues. | ||||||
12 | Every new benefit increase is contingent upon the General | ||||||
13 | Assembly providing the additional funding required under this | ||||||
14 | subsection. The Commission on Government Forecasting and | ||||||
15 | Accountability shall analyze whether adequate additional | ||||||
16 | funding has been provided for the new benefit increase and | ||||||
17 | shall report its analysis to the Public Pension Division of | ||||||
18 | the Department of Insurance. A new benefit increase created by | ||||||
19 | a Public Act that does not include the additional funding | ||||||
20 | required under this subsection is null and void. If the Public | ||||||
21 | Pension Division determines that the additional funding | ||||||
22 | provided for a new benefit increase under this subsection is | ||||||
23 | or has become inadequate, it may so certify to the Governor and | ||||||
24 | the State Comptroller and, in the absence of corrective action | ||||||
25 | by the General Assembly, the new benefit increase shall expire | ||||||
26 | at the end of the fiscal year in which the certification is |
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1 | made.
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2 | (d) Every new benefit increase shall expire 5 years after | ||||||
3 | its effective date or on such earlier date as may be specified | ||||||
4 | in the language enacting the new benefit increase or provided | ||||||
5 | under subsection (c). This does not prevent the General | ||||||
6 | Assembly from extending or re-creating a new benefit increase | ||||||
7 | by law. | ||||||
8 | (e) Except as otherwise provided in the language creating | ||||||
9 | the new benefit increase, a new benefit increase that expires | ||||||
10 | under this Section continues to apply to persons who applied | ||||||
11 | and qualified for the affected benefit while the new benefit | ||||||
12 | increase was in effect and to the affected beneficiaries and | ||||||
13 | alternate payees of such persons, but does not apply to any | ||||||
14 | other person, including, without limitation, a person who | ||||||
15 | continues in service after the expiration date and did not | ||||||
16 | apply and qualify for the affected benefit while the new | ||||||
17 | benefit increase was in effect.
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18 | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
19 | 101-610, eff. 1-1-20; 102-16, eff. 6-17-21.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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