HB2550 EngrossedLRB102 16191 RPS 21570 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Section 13-310 as follows:
 
6    (40 ILCS 5/13-310)  (from Ch. 108 1/2, par. 13-310)
7    Sec. 13-310. Ordinary disability benefit.
8    (a) Any employee who becomes disabled as the result of any
9cause other than injury or illness incurred in the performance
10of duty for the employer or any other employer, or while
11engaged in self-employment activities, shall be entitled to an
12ordinary disability benefit. The eligible period for this
13benefit shall be 25% of the employee's total actual service
14prior to the date of disability with a cumulative maximum
15period of 5 years.
16    (b) The benefit shall be allowed only if the employee
17files an application in writing with the Board, and a medical
18report is submitted by at least one licensed and practicing
19physician as part of the employee's application.
20    The benefit is not payable for any disability which begins
21during any period of unpaid leave of absence. No benefit shall
22be allowed for any period of disability prior to 30 days before
23application is made, unless the Board finds good cause for the

 

 

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1delay in filing the application. The benefit shall not be paid
2during any period for which the employee receives or is
3entitled to receive any part of salary.
4    The benefit is not payable for any disability which begins
5during any period of absence from duty other than allowable
6vacation time in any calendar year. An employee whose
7disability begins during any such ineligible period of absence
8from service may not receive benefits until the employee
9recovers from the disability and is in service for at least 15
10consecutive working days after such recovery.
11    In the case of an employee who first enters service on or
12after June 13, 1997, an ordinary disability benefit is not
13payable for the first 3 days of disability that would
14otherwise be payable under this Section if the disability does
15not continue for at least 11 additional days.
16    Beginning on the effective date of this amendatory Act of
17the 94th General Assembly, an employee who first entered
18service on or after June 13, 1997 is also eligible for ordinary
19disability benefits on the 31st day after the last day worked,
20provided all sick leave is exhausted.
21    (c) The benefit shall be 50% of the employee's salary at
22the date of disability, and shall terminate when the earliest
23of the following occurs:
24        (1) The employee returns to work or receives a
25    retirement annuity paid wholly or in part under this
26    Article;

 

 

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1        (2) The disability ceases;
2        (3) The employee willfully and continuously refuses to
3    follow medical advice and treatment to enable the employee
4    to return to work. However this provision does not apply
5    to an employee who relies in good faith on treatment by
6    prayer through spiritual means alone in accordance with
7    the tenets and practice of a recognized church or
8    religious denomination, by a duly accredited practitioner
9    thereof;
10        (4) The employee (i) refuses to submit to a reasonable
11    physical examination within 30 days of application by a
12    physician appointed by the Board, (ii) in the case of
13    chronic alcoholism, the employee refuses to join a
14    rehabilitation program licensed by the Department of
15    Public Health of the State of Illinois and certified by
16    the Joint Commission on the Accreditation of Hospitals,
17    (iii) fails or refuses to consent to and sign an
18    authorization allowing the Board to receive copies of or
19    to examine the employee's medical and hospital records, or
20    (iv) fails or refuses to provide complete information
21    regarding any other employment for compensation he or she
22    has received since becoming disabled; or
23        (5) The eligible period for this benefit has been
24    exhausted.
25    The first payment of the benefit shall be made not later
26than one month after the same has been granted, and subsequent

 

 

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1payments shall be made at least monthly intervals of not more
2than 30 days.
3(Source: P.A. 94-621, eff. 8-18-05.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.