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1 | AN ACT in relation to public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||||||
5 | Sections 16-149, 16-149.1, and 16-149.2 and by adding Section | ||||||||||||||||||||||||||||||||
6 | 16-149.6 as follows:
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7 | (40 ILCS 5/16-149) (from Ch. 108 1/2, par. 16-149)
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8 | Sec. 16-149. Disability benefit.
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9 | (a) A disability benefit is payable to a member who was in | ||||||||||||||||||||||||||||||||
10 | active
service on or after June 30, 1977 and has at least 3 | ||||||||||||||||||||||||||||||||
11 | years of creditable
service. Part-time and substitute teachers | ||||||||||||||||||||||||||||||||
12 | who are in active service on or
after July 1, 1990 must have | ||||||||||||||||||||||||||||||||
13 | worked as a teacher for at least 340 hours in
either the school | ||||||||||||||||||||||||||||||||
14 | year in which the disability occurs or in the preceding
school | ||||||||||||||||||||||||||||||||
15 | year.
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16 | The benefit is payable upon application of a member who is | ||||||||||||||||||||||||||||||||
17 | not
receiving a benefit under either Section 16-133, Section | ||||||||||||||||||||||||||||||||
18 | 16-149.1
or Section 16-149.2. The benefit shall be granted only | ||||||||||||||||||||||||||||||||
19 | if the member is
found by medical examination to be | ||||||||||||||||||||||||||||||||
20 | incapacitated to perform the duties of
his or her position as a | ||||||||||||||||||||||||||||||||
21 | teacher and only if the commencement of the
incapacity occurred | ||||||||||||||||||||||||||||||||
22 | while the member was employed as a teacher or within
90 days of | ||||||||||||||||||||||||||||||||
23 | such employment.
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24 | A member shall be considered disabled only when the System | ||||||||||||||||||||||||||||||||
25 | has received
(1) a written certificate by at least 2 licensed | ||||||||||||||||||||||||||||||||
26 | and practicing physicians
designated by the System, certifying | ||||||||||||||||||||||||||||||||
27 | that the member is disabled and unable
to properly perform the | ||||||||||||||||||||||||||||||||
28 | duties of his or her position at the time of
disability, except | ||||||||||||||||||||||||||||||||
29 | in the case of disability due to pregnancy where a
written | ||||||||||||||||||||||||||||||||
30 | certificate from only one licensed and practicing physician is
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31 | required; (2) a written statement from the employer certifying | ||||||||||||||||||||||||||||||||
32 | that the member
is not eligible to receive a salary; and (3) a |
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1 | certification from the member
that he or she is not and has not | ||||||
2 | been engaged in gainful employment
during the period of | ||||||
3 | disability.
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4 | The benefit shall begin to accrue on the 31st day of | ||||||
5 | absence from service
on account of disability, except that when | ||||||
6 | an application is made more than
90 days subsequent to the | ||||||
7 | later of the commencement of disability or the
date eligibility | ||||||
8 | for salary ceases, it shall begin to accrue from the date
of | ||||||
9 | application, and shall be payable during the time the member | ||||||
10 | does not
receive a retirement annuity. The benefit is not | ||||||
11 | payable to a member who
is receiving or has a right to receive | ||||||
12 | any salary as a teacher, or is employed
in any capacity as a | ||||||
13 | teacher by the employers included under this System or in
an | ||||||
14 | equivalent capacity in any other public or private school, | ||||||
15 | college or
university , except as provided in Section 16-149.6 .
| ||||||
16 | Service credits under the State Employees' Retirement | ||||||
17 | System of
Illinois, the State Universities Retirement System | ||||||
18 | and the Illinois
Municipal Retirement Fund shall be considered | ||||||
19 | in determining the member's
eligibility for a disability | ||||||
20 | benefit and the total period during which the
disability | ||||||
21 | benefit is payable.
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22 | (b) The disability benefit shall be 40% of the greater of | ||||||
23 | the
member's most recent annual contract salary rate at the | ||||||
24 | time the disability
benefit becomes payable or the member's | ||||||
25 | annual contract rate on the date the
disability commenced. | ||||||
26 | Prior to July 1, 1990, if the most recent period of
service of | ||||||
27 | any member was rendered on a less than full-time but not less
| ||||||
28 | than half-time basis, the amount of the disability benefit | ||||||
29 | payable to such
member shall be computed on the basis of the | ||||||
30 | salary received by such member
for the member's last year of | ||||||
31 | service on a full-time basis if such salary
was greater than | ||||||
32 | the member's most recent salary. For part-time and
substitute | ||||||
33 | members after June 30, 1990, the disability benefit shall be | ||||||
34 | 40% of
the greater of the member's most recent annualized | ||||||
35 | salary rate at the time the
disability benefit becomes payable | ||||||
36 | or the annualized salary rate or contract
salary rate at the |
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| |||||||
1 | time the disability commenced.
| ||||||
2 | In addition to the above benefit, the member shall receive | ||||||
3 | creditable
service and credit for contributions that the member | ||||||
4 | would have made in
active employment during any period of | ||||||
5 | disability for which benefits
are paid by the System on the | ||||||
6 | basis of the annual salary rate used in
computing the benefit , | ||||||
7 | except as provided in Section 16-149.6 .
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8 | (c) Effective January 1, 1988, the disability benefit shall | ||||||
9 | continue
until the time one of the following events first | ||||||
10 | occurs: (1) disability
ceases; (2) the member requests | ||||||
11 | termination of the benefit; (3) the
aggregate period for which | ||||||
12 | disability payments made during the member's
entire period of | ||||||
13 | service equals 1/4 of the total period of creditable
service, | ||||||
14 | not including the time he or she has received the disability
| ||||||
15 | payments; or (4) the member is engaged or found to be able to | ||||||
16 | engage in
gainful employment , other than limited employment | ||||||
17 | under Section 16-149.6 . If the disability benefit is | ||||||
18 | discontinued under item
(4) but the member is subsequently | ||||||
19 | found to be unable to be gainfully
employed due to the | ||||||
20 | disability which was the cause for his or her most
recent | ||||||
21 | incapacity to perform the duties of a teacher, the disability
| ||||||
22 | benefit will be resumed, upon notification of the System, as | ||||||
23 | soon as the
member is not eligible to receive salary.
| ||||||
24 | A disabled member who receives disability benefits for the | ||||||
25 | maximum period
specified above or who requests that the | ||||||
26 | disability benefits be terminated
may be retired on a | ||||||
27 | disability retirement annuity.
| ||||||
28 | (d) The board shall prescribe rules governing the filing, | ||||||
29 | investigation,
control, and supervision of disability claims. | ||||||
30 | The rules shall include
specific standards to be used when | ||||||
31 | requesting additional medical
examinations, hospital records | ||||||
32 | or other data necessary for determining the
employment capacity | ||||||
33 | and condition of the member. Costs incurred by a
claimant in | ||||||
34 | connection with completing a claim for disability benefits
| ||||||
35 | shall be paid by the claimant.
| ||||||
36 | (Source: P.A. 86-272; 86-273; 86-1028; 87-794; 87-1265.)
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1 | (40 ILCS 5/16-149.1) (from Ch. 108 1/2, par. 16-149.1)
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2 | Sec. 16-149.1. Occupational disability benefit.
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3 | (a) A member who becomes totally and immediately | ||||||
4 | incapacitated for duty
as the proximate result of bodily | ||||||
5 | injuries sustained or a hazard undergone
while in the | ||||||
6 | performance and within the scope of his or her duties, if such
| ||||||
7 | injuries or hazard were not the consequence of the member's | ||||||
8 | willful
negligence, shall receive an occupational disability | ||||||
9 | benefit upon making
proper application. If application is made | ||||||
10 | more than 90 days subsequent to
the later of the commencement | ||||||
11 | of disability or the date eligibility
for salary ceases, | ||||||
12 | benefits shall begin to accrue from the date of
application, | ||||||
13 | but service credit and credit for contributions will be earned
| ||||||
14 | from the date of disability. The benefit is not payable to, and | ||||||
15 | credit for
service and contributions may not be earned under | ||||||
16 | this Section by, a member
who is receiving a benefit under | ||||||
17 | Section 16-133, 16-149, or 16-149.2, or
who is receiving salary | ||||||
18 | as a teacher, or is employed in any capacity as a
teacher by | ||||||
19 | the employers included under this System or in an equivalent
| ||||||
20 | capacity in any other public or private school, college or | ||||||
21 | university , except as provided in Section 16-149.6 .
| ||||||
22 | Proper proof of disability shall consist of: (1) a written | ||||||
23 | certificate by
at least 2 licensed and practicing physicians | ||||||
24 | designated by the System,
certifying that member is disabled | ||||||
25 | and unable to perform assigned duties;
(2) a written statement | ||||||
26 | from the employer certifying that the member is
disabled and | ||||||
27 | not receiving a salary, and related information as to the cause
| ||||||
28 | and commencement of disability; and (3) a written statement | ||||||
29 | from the member
certifying that the member is not and has not | ||||||
30 | been engaged in gainful
employment.
| ||||||
31 | Occupational disability benefits under this Section shall | ||||||
32 | be payable
only if (1) on the basis of a claim filed by the | ||||||
33 | applicant with the
Industrial Commission of Illinois, it is | ||||||
34 | determined by the Commission
that the disability was incurred | ||||||
35 | while in the performance and within the
scope of assigned |
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1 | duties, under the terms of the Illinois Workers'
Compensation | ||||||
2 | or Occupational Diseases Act, whichever applies, and the
claim | ||||||
3 | is adjudicated as compensable by the Commission under either of
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4 | the aforesaid Acts; or (2) on the basis of a claim filed by the
| ||||||
5 | applicant with an insurance carrier with which the employer of | ||||||
6 | the
applicant has a workers' compensation insurance policy, it | ||||||
7 | is
determined under the terms of the aforesaid policy that the | ||||||
8 | disability
was incurred while in the performance and within the | ||||||
9 | scope of the member's
assigned duties and the claim is approved | ||||||
10 | as compensable.
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11 | (b) The occupational disability benefit shall be the | ||||||
12 | greater of 60%
of the member's contract salary rate at the time | ||||||
13 | the disability benefit
becomes payable or the member's annual | ||||||
14 | contract rate on the date the
disability commenced, and shall | ||||||
15 | be payable monthly in equal installments.
For part-time and | ||||||
16 | substitute teachers after June 30, 1990, the benefit
shall be | ||||||
17 | the greater of the member's most recent annualized salary rate | ||||||
18 | at the
time the disability benefit becomes payable or the | ||||||
19 | annualized salary rate or
annual contract rate at the time the | ||||||
20 | disability commenced.
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21 | Any amounts provided for a member or a member's dependents | ||||||
22 | under the
Illinois Workers' Compensation Act, the Illinois | ||||||
23 | Occupational Diseases Act
or a workers' compensation insurance | ||||||
24 | policy provided by the employer shall
be applied as an offset | ||||||
25 | to any occupational benefit provided under this
Section in such | ||||||
26 | manner as may be prescribed by the board.
| ||||||
27 | In addition to the above benefit, the member shall receive | ||||||
28 | creditable
service and credit for contributions that the member | ||||||
29 | would have made in
active employment during the period of | ||||||
30 | disability , except as provided in Section 16-149.6 . Creditable | ||||||
31 | service and
credit for contributions shall be calculated on the | ||||||
32 | basis of the annual
salary rate used in computing the benefit; | ||||||
33 | however, such credit shall not
be used in the determination of | ||||||
34 | the period for which disability benefits
are payable. A member | ||||||
35 | who remains disabled after the termination of benefits
due to | ||||||
36 | age or the expiration of the maximum period for which benefits |
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| |||||||
1 | are
payable shall be entitled to the retirement annuity | ||||||
2 | provided under Section
16-133, notwithstanding that the member | ||||||
3 | may not have the required minimum
period of creditable service | ||||||
4 | prescribed for such annuity.
| ||||||
5 | (c) Effective January 1, 1988, the occupational disability | ||||||
6 | benefit shall
continue until the time one of the following | ||||||
7 | first occurs: (1) disability
ceases; (2) the member requests | ||||||
8 | termination of the benefit; or (3) the
member is engaged or | ||||||
9 | found to be able to engage in gainful employment , other than | ||||||
10 | limited employment under Section 16-149.6 . If
the disability | ||||||
11 | benefit is discontinued under item (3) but the member is
| ||||||
12 | subsequently found to be unable to be gainfully employed due to | ||||||
13 | the
disability which was the cause for his or her most recent | ||||||
14 | incapacity to
perform the duties of a teacher, the disability | ||||||
15 | benefit will be resumed,
upon notification of the System, as | ||||||
16 | soon as the member is not eligible to
receive salary.
| ||||||
17 | (d) The board shall prescribe rules governing the filing,
| ||||||
18 | investigation, control, and supervision of disability claims. | ||||||
19 | Costs
incurred by a claimant in connection with completing a | ||||||
20 | claim for disability
benefits shall be paid by the claimant.
| ||||||
21 | (Source: P.A. 86-272; 86-273; 86-1488; 87-794; 87-1265.)
| ||||||
22 | (40 ILCS 5/16-149.2) (from Ch. 108 1/2, par. 16-149.2)
| ||||||
23 | Sec. 16-149.2. Disability retirement annuity.
| ||||||
24 | (a) A member whose disability benefit has been terminated | ||||||
25 | under the
provisions of Section 16-149 may be retired on a | ||||||
26 | disability retirement
annuity payable effective the day | ||||||
27 | following such termination provided the
member remains | ||||||
28 | disabled under the standard of disability provided in Section
| ||||||
29 | 16-149.
| ||||||
30 | The disability retirement annuity shall be payable upon | ||||||
31 | receipt of written
certificates from at least 2 licensed | ||||||
32 | physicians designated
by the System verifying the continuation | ||||||
33 | of the disability condition.
A disability retirement annuity | ||||||
34 | shall not be paid during any period for
which the member | ||||||
35 | receives benefits under Section 16-133, Section 16-149,
or |
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1 | Section 16-149.1 or has a right to receive a salary as a | ||||||
2 | teacher, or
is employed in any capacity as a teacher by the | ||||||
3 | employers included under
this System or in an equivalent | ||||||
4 | capacity in any other public or private school,
college or | ||||||
5 | university , except as provided in Section 16-149.6 .
| ||||||
6 | (b) The disability retirement annuity shall be equal to the | ||||||
7 | larger of:
(1) 35% of the most recent annual contract salary | ||||||
8 | rate or for part-time
and substitute members after June 30, | ||||||
9 | 1990, the most recent annualized
salary rate; or (2) if | ||||||
10 | disability commences prior to the member's
attainment of age | ||||||
11 | 55, the amount computed in accordance with Section
16-133, | ||||||
12 | provided the amount computed under paragraph (B) of Section | ||||||
13 | 16-133
shall be reduced by 1/2 of 1% for each month that the | ||||||
14 | member is less than
age 55; or (3) if disability commences | ||||||
15 | after the member's attainment of age
55, and the member is not | ||||||
16 | receiving a retirement annuity under Section
16-133, the amount | ||||||
17 | computed in accordance with Section 16-133.
| ||||||
18 | Prior to July 1, 1990, if the most recent period of service | ||||||
19 | of any
member eligible to receive a disability retirement | ||||||
20 | annuity was rendered on
a less than full-time but not less than | ||||||
21 | half-time basis, the amount of the
disability retirement | ||||||
22 | annuity payable shall be computed on the basis of the
salary | ||||||
23 | received by such member for the member's last year of service | ||||||
24 | on a
full-time basis if such salary was greater than the | ||||||
25 | member's most recent
salary.
| ||||||
26 | (c) If an annuitant receiving a disability retirement | ||||||
27 | annuity under this
Section is engaged in or able to engage in | ||||||
28 | gainful employment (including limited employment under Section | ||||||
29 | 16-149.6) paying more
than the difference between the | ||||||
30 | disability retirement annuity and the salary
rate upon which | ||||||
31 | the disability benefit is based, with no salary to be
| ||||||
32 | considered less than the minimum prescribed in Section 24-8 of | ||||||
33 | the School
Code, the disability retirement annuity shall be | ||||||
34 | reduced to
an amount which together with the amount earned by | ||||||
35 | the annuitant, equals
the salary rate upon which the disability | ||||||
36 | benefit is based. However, for
the purposes of this subsection |
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1 | (c) only, the salary rate upon which the
benefit is based shall | ||||||
2 | be deemed to increase by 15% on the tenth
anniversary of the | ||||||
3 | commencement of the annuity.
| ||||||
4 | Once each year during the first 5 years following | ||||||
5 | retirement on a disability
retirement annuity, and once in | ||||||
6 | every 3-year period thereafter, the System
may require an | ||||||
7 | annuitant to undergo a medical examination, by a physician
or | ||||||
8 | physicians designated by the System. If the annuitant refuses | ||||||
9 | to submit
to such medical examination, the annuity shall be | ||||||
10 | discontinued until such
time as the annuitant consents to the | ||||||
11 | examination, and if refusal continues
for one year, all the | ||||||
12 | rights to the annuity shall be revoked.
| ||||||
13 | (d) If an annuitant in receipt of a disability retirement | ||||||
14 | annuity returns
to active service as a teacher (other than | ||||||
15 | limited employment under Section 16-149.6) or is no longer | ||||||
16 | disabled, such annuity shall
cease and the annuitant shall | ||||||
17 | again become a member of the Retirement System
and, if in | ||||||
18 | active service as a teacher, shall make regular contributions. | ||||||
19 | All service
for which the annuitant had credit on the date of | ||||||
20 | disability shall be properly
reestablished.
| ||||||
21 | An annuitant in receipt of a disability retirement annuity | ||||||
22 | who returns
to active service as a teacher and who again | ||||||
23 | becomes disabled shall not
be entitled to a recomputation of | ||||||
24 | the disability retirement annuity based
on amendments enacted | ||||||
25 | while the annuitant was in receipt of the annuity
unless at | ||||||
26 | least one year of creditable service is rendered after the | ||||||
27 | latest
re-entry into service.
| ||||||
28 | (e) An annuitant in receipt of a disability retirement | ||||||
29 | annuity may,
upon reaching retirement age as specified in | ||||||
30 | Section 16-132, apply for a
retirement annuity which is to be | ||||||
31 | calculated as specified in Section
16-133. The disability | ||||||
32 | retirement annuity shall be discontinued upon
commencement of | ||||||
33 | the retirement annuity.
| ||||||
34 | (f) The board shall prescribe rules governing the filing, | ||||||
35 | investigation,
control, and supervision of disability | ||||||
36 | retirement claims. The rules
shall include specific standards |
| |||||||
| |||||||
1 | to be used when requesting additional
medical examinations, | ||||||
2 | hospital records or other data necessary for
determining the | ||||||
3 | employment capacity and condition of the annuitant. Costs
| ||||||
4 | incurred by a claimant in connection with completing a claim | ||||||
5 | for disability
benefits shall be paid by the claimant.
| ||||||
6 | The changes to this Section made by this amendatory Act of | ||||||
7 | 1991
shall apply not only to persons who on or after its | ||||||
8 | effective date are in
service as a teacher under the System, | ||||||
9 | but also to persons whose status as
a teacher terminated prior | ||||||
10 | to that date, whether or not the person is an
annuitant on that | ||||||
11 | date.
| ||||||
12 | (Source: P.A. 93-469, eff. 8-8-03.)
| ||||||
13 | (40 ILCS 5/16-149.6 new) | ||||||
14 | Sec. 16-149.6. Limited employment during disability. | ||||||
15 | (a) A teacher who (i) has been receiving a disability, | ||||||
16 | occupational disability, or disability retirement benefit | ||||||
17 | under Section 16-149, 16-149.1, or 16-149.2 for at least one | ||||||
18 | year and (ii) remains unable to resume regular full-time | ||||||
19 | teaching due to disability, but is able to engage in limited or | ||||||
20 | part-time employment as a teacher, may engage in such limited | ||||||
21 | or part-time employment as a teacher without loss of the | ||||||
22 | disability, occupational disability, or disability retirement | ||||||
23 | benefit, provided that the teacher's earnings for that limited | ||||||
24 | or part-time employment, when added to the amount of the | ||||||
25 | benefit, do not exceed 100% of the salary rate upon which the | ||||||
26 | benefit is based. | ||||||
27 | (b) A disabled teacher who engages in limited or part-time | ||||||
28 | teaching under this Section and earns service and contribution | ||||||
29 | credits for that teaching shall not receive duplicate service | ||||||
30 | or contribution credits under Section 16-149 or 16-149.1. | ||||||
31 | Section 90. The State Mandates Act is amended by adding | ||||||
32 | Section 8.28 as
follows:
| ||||||
33 | (30 ILCS 805/8.28 new)
|
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| |||||||
1 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
2 | of this
Act, no reimbursement by the State is required for the | ||||||
3 | implementation of
any mandate created by this amendatory Act of | ||||||
4 | the 93rd General Assembly.
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|