Full Text of HB4139 103rd General Assembly
HB4139eng 103RD GENERAL ASSEMBLY | | | HB4139 Engrossed | | LRB103 34045 RPS 63862 b |
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| 1 | | AN ACT concerning public employee benefits. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Pension Code is amended by adding | 5 | | Sections 7-130.1, 7-130.2, 7-130.3, 7-130.4, and 7-130.5 and | 6 | | by changing Sections 7-145.1, 7-146, 7-149, and 7-150 as | 7 | | follows: | 8 | | (40 ILCS 5/7-130.1 new) | 9 | | Sec. 7-130.1. Advanced practice registered nurse. | 10 | | "Advanced practice registered nurse": a person licensed as an | 11 | | advanced practice registered nurse under the Nurse Practice | 12 | | Act. | 13 | | (40 ILCS 5/7-130.2 new) | 14 | | Sec. 7-130.2. Clinical psychologist. "Clinical | 15 | | psychologist": a person licensed under the Clinical | 16 | | Psychologist Licensing Act. | 17 | | (40 ILCS 5/7-130.3 new) | 18 | | Sec. 7-130.3. Health care professional. "Health care | 19 | | professional": a person currently licensed as a physician, | 20 | | advanced practice registered nurse, clinical psychologist, or | 21 | | physician assistant diagnosing the condition or conditions for |
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| 1 | | which disability benefits are sought in accordance with the | 2 | | person's level of education, training, and licensure. | 3 | | (40 ILCS 5/7-130.4 new) | 4 | | Sec. 7-130.4. Physician. "Physician": a person licensed to | 5 | | practice medicine in all its branches under the Medical | 6 | | Practice Act of 1987. | 7 | | (40 ILCS 5/7-130.5 new) | 8 | | Sec. 7-130.5. Physician assistant. "Physician assistant": | 9 | | a person licensed under the Physician Assistant Practice Act | 10 | | of 1987. | 11 | | (40 ILCS 5/7-145.1) | 12 | | Sec. 7-145.1. Alternative annuity for county officers. | 13 | | (a) The benefits provided in this Section and Section | 14 | | 7-145.2 are available only if, prior to the effective date of | 15 | | this amendatory Act of the 97th General Assembly, the county | 16 | | board has filed with the Board of the Fund a resolution or | 17 | | ordinance expressly consenting to the availability of these | 18 | | benefits for its elected county officers. The county board's | 19 | | consent is irrevocable with respect to persons participating | 20 | | in the program, but may be revoked at any time with respect to | 21 | | persons who have not paid an additional optional contribution | 22 | | under this Section before the date of revocation. | 23 | | An elected county officer may elect to establish |
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| 1 | | alternative credits for an alternative annuity by electing in | 2 | | writing before the effective date of this amendatory Act of | 3 | | the 97th General Assembly to make additional optional | 4 | | contributions in accordance with this Section and procedures | 5 | | established by the board. These alternative credits are | 6 | | available only for periods of service as an elected county | 7 | | officer. The elected county officer may discontinue making the | 8 | | additional optional contributions by notifying the Fund in | 9 | | writing in accordance with this Section and procedures | 10 | | established by the board. | 11 | | Additional optional contributions for the alternative | 12 | | annuity shall be as follows: | 13 | | (1) For service as an elected county officer after the | 14 | | option is elected, an additional contribution of 3% of | 15 | | salary shall be contributed to the Fund on the same basis | 16 | | and under the same conditions as contributions required | 17 | | under Section 7-173. | 18 | | (2) For service as an elected county officer before | 19 | | the option is elected, an additional contribution of 3% of | 20 | | the salary for the applicable period of service, plus | 21 | | interest at the effective rate from the date of service to | 22 | | the date of payment, plus any additional amount required | 23 | | by the county board under paragraph (3). All payments for | 24 | | past service must be paid in full before credit is given. | 25 | | Payment must be received by the Board while the member is | 26 | | an active participant, except that one payment will be |
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| 1 | | permitted after termination of participation. | 2 | | (3) With respect to service as an elected county | 3 | | officer before the option is elected, if payment is made | 4 | | after the county board has filed with the Board of the Fund | 5 | | a resolution or ordinance requiring an additional | 6 | | contribution under this paragraph, then the contribution | 7 | | required under paragraph (2) shall include an amount to be | 8 | | determined by the Fund, equal to the actuarial present | 9 | | value of the additional employer cost that would otherwise | 10 | | result from the alternative credits being established for | 11 | | that service. A county board's resolution or ordinance | 12 | | requiring additional contributions under this paragraph | 13 | | (3) is irrevocable. Payment must be received by the Board | 14 | | while the member is an active participant, except that one | 15 | | payment will be permitted after termination of | 16 | | participation. | 17 | | No additional optional contributions may be made for any | 18 | | period of service for which credit has been previously | 19 | | forfeited by acceptance of a refund, unless the refund is | 20 | | repaid in full with interest at the effective rate from the | 21 | | date of refund to the date of repayment. | 22 | | (b) In lieu of the retirement annuity otherwise payable | 23 | | under this Article, an elected county officer who (1) has | 24 | | elected to participate in the Fund and make additional | 25 | | optional contributions in accordance with this Section, (2) | 26 | | has held and made additional optional contributions with |
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| 1 | | respect to the same elected county office for at least 8 years, | 2 | | and (3) has attained age 55 with at least 8 years of service | 3 | | credit (or has attained age 50 with at least 20 years of | 4 | | service as a sheriff's law enforcement employee) may elect to | 5 | | have his retirement annuity computed as follows: 3% of the | 6 | | participant's salary for each of the first 8 years of service | 7 | | credit, plus 4% of that salary for each of the next 4 years of | 8 | | service credit, plus 5% of that salary for each year of service | 9 | | credit in excess of 12 years, subject to a maximum of 80% of | 10 | | that salary. | 11 | | This formula applies only to service in an elected county | 12 | | office that the officer held for at least 8 years, and only to | 13 | | service for which additional optional contributions have been | 14 | | paid under this Section. If an elected county officer | 15 | | qualifies to have this formula applied to service in more than | 16 | | one elected county office, the qualifying service shall be | 17 | | accumulated for purposes of determining the applicable accrual | 18 | | percentages, but the salary used for each office shall be the | 19 | | separate salary calculated for that office, as defined in | 20 | | subsection (g). | 21 | | To the extent that the elected county officer has service | 22 | | credit that does not qualify for this formula, his retirement | 23 | | annuity will first be determined in accordance with this | 24 | | formula with respect to the service to which this formula | 25 | | applies, and then in accordance with the remaining Sections of | 26 | | this Article with respect to the service to which this formula |
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| 1 | | does not apply. | 2 | | (c) In lieu of the disability benefits otherwise payable | 3 | | under this Article, an elected county officer who (1) has | 4 | | elected to participate in the Fund, and (2) has become | 5 | | permanently disabled and as a consequence is unable to perform | 6 | | the duties of his office, and (3) was making optional | 7 | | contributions in accordance with this Section at the time the | 8 | | disability was incurred, may elect to receive a disability | 9 | | annuity calculated in accordance with the formula in | 10 | | subsection (b). For the purposes of this subsection, an | 11 | | elected county officer shall be considered permanently | 12 | | disabled only if: (i) disability occurs while in service as an | 13 | | elected county officer and is of such a nature as to prevent | 14 | | him from reasonably performing the duties of his office at the | 15 | | time; and (ii) the board has received a written certification | 16 | | by at least 2 health care professionals licensed physicians | 17 | | appointed by it stating that the officer is disabled and that | 18 | | the disability is likely to be permanent. | 19 | | (d) Refunds of additional optional contributions shall be | 20 | | made on the same basis and under the same conditions as | 21 | | provided under Section 7-166, 7-167 and 7-168. Interest shall | 22 | | be credited at the effective rate on the same basis and under | 23 | | the same conditions as for other contributions. | 24 | | If an elected county officer fails to hold that same | 25 | | elected county office for at least 8 years, he or she shall be | 26 | | entitled after leaving office to receive a refund of the |
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| 1 | | additional optional contributions made with respect to that | 2 | | office, plus interest at the effective rate. | 3 | | (e) The plan of optional alternative benefits and | 4 | | contributions shall be available to persons who are elected | 5 | | county officers and active contributors to the Fund on or | 6 | | after November 15, 1994 and elected to establish alternative | 7 | | credit before the effective date of this amendatory Act of the | 8 | | 97th General Assembly. A person who was an elected county | 9 | | officer and an active contributor to the Fund on November 15, | 10 | | 1994 but is no longer an active contributor may apply to make | 11 | | additional optional contributions under this Section at any | 12 | | time within 90 days after the effective date of this | 13 | | amendatory Act of 1997; if the person is an annuitant, the | 14 | | resulting increase in annuity shall begin to accrue on the | 15 | | first day of the month following the month in which the | 16 | | required payment is received by the Fund. | 17 | | (f) For the purposes of this Section and Section 7-145.2, | 18 | | the terms "elected county officer" and "elected county office" | 19 | | include, but are not limited to: (1) the county clerk, | 20 | | recorder, treasurer, coroner, assessor (if elected), auditor, | 21 | | sheriff, and State's Attorney; members of the county board; | 22 | | and the clerk of the circuit court; and (2) a person who has | 23 | | been appointed to fill a vacancy in an office that is normally | 24 | | filled by election on a countywide basis, for the duration of | 25 | | his or her service in that office. The terms "elected county | 26 | | officer" and "elected county office" do not include any |
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| 1 | | officer or office of a county that has not consented to the | 2 | | availability of benefits under this Section and Section | 3 | | 7-145.2. | 4 | | (g) For the purposes of this Section and Section 7-145.2, | 5 | | the term "salary" means the final rate of earnings for the | 6 | | elected county office held, calculated in a manner consistent | 7 | | with Section 7-116, but for that office only. If an elected | 8 | | county officer qualifies to have the formula in subsection (b) | 9 | | applied to service in more than one elected county office, a | 10 | | separate salary shall be calculated and applied with respect | 11 | | to each such office. | 12 | | (h) The changes to this Section made by this amendatory | 13 | | Act of the 91st General Assembly apply to persons who first | 14 | | make an additional optional contribution under this Section on | 15 | | or after the effective date of this amendatory Act. | 16 | | (i) Any elected county officer who was entitled to receive | 17 | | a stipend from the State on or after July 1, 2009 and on or | 18 | | before June 30, 2010 may establish earnings credit for the | 19 | | amount of stipend not received, if the elected county official | 20 | | applies in writing to the fund within 6 months after the | 21 | | effective date of this amendatory Act of the 96th General | 22 | | Assembly and pays to the fund an amount equal to (i) employee | 23 | | contributions on the amount of stipend not received, (ii) | 24 | | employer contributions determined by the Board equal to the | 25 | | employer's normal cost of the benefit on the amount of stipend | 26 | | not received, plus (iii) interest on items (i) and (ii) at the |
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| 1 | | actuarially assumed rate. | 2 | | (Source: P.A. 100-148, eff. 8-18-17.) | 3 | | (40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146) | 4 | | Sec. 7-146. Temporary disability benefits; eligibility | 5 | | benefits - Eligibility . Temporary disability benefits shall be | 6 | | payable to participating employees as hereinafter provided. | 7 | | (a) The participating employee shall be considered | 8 | | temporarily disabled if: | 9 | | 1. He is unable to perform the duties of any position | 10 | | which might reasonably be assigned to him by his employing | 11 | | municipality or instrumentality thereof or participating | 12 | | instrumentality due to mental or physical disability | 13 | | caused by bodily injury or disease, other than as a result | 14 | | of self-inflicted injury or addiction to narcotic drugs; | 15 | | 2. The Board has received written certifications from | 16 | | at least one health care professional licensed and | 17 | | practicing physician and the governing body of the | 18 | | employing municipality or instrumentality thereof or | 19 | | participating instrumentality stating that the employee | 20 | | meets the conditions set forth in subparagraph 1 of this | 21 | | paragraph (a). | 22 | | (b) A temporary disability benefit shall be payable to a | 23 | | temporarily disabled employee provided: | 24 | | 1. He: | 25 | | (i) has at least one year of service immediately |
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| 1 | | preceding the date the temporary disability was | 2 | | incurred and has made contributions to the fund for at | 3 | | least the number of months of service normally | 4 | | required in his position during a 12-month period, or | 5 | | has at least 5 years of service credit, the last year | 6 | | of which immediately precedes such date; or | 7 | | (ii) had qualified under clause (i) above, but had | 8 | | an interruption in service of not more than 3 months in | 9 | | the 12 months preceding the date the temporary | 10 | | disability was incurred and was not paid a separation | 11 | | benefit; or | 12 | | (iii) had qualified under clause (i) above, but | 13 | | had an interruption after 20 or more years of | 14 | | creditable service, was not paid a separation benefit, | 15 | | and returned to service prior to the date the | 16 | | disability was incurred. | 17 | | Item (iii) of this subdivision shall apply to all | 18 | | employees whose disabilities were incurred on or after | 19 | | July 1, 1985, and any such employee who becomes eligible | 20 | | for a disability benefit under item (iii) shall be | 21 | | entitled to receive a lump sum payment of any accumulated | 22 | | disability benefits which may accrue from the date the | 23 | | disability was incurred until the effective date of this | 24 | | amendatory Act of 1987. | 25 | | Periods of qualified leave granted in compliance with | 26 | | the federal Family and Medical Leave Act shall be ignored |
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| 1 | | for purposes of determining the number of consecutive | 2 | | months of employment under this subdivision (b)1. | 3 | | 2. He has been temporarily disabled for at least 30 | 4 | | days, except where a former temporary or permanent and | 5 | | total disability has reoccurred within 6 months after the | 6 | | employee has returned to service. | 7 | | 3. He is receiving no earnings from a participating | 8 | | municipality or instrumentality thereof or participating | 9 | | instrumentality, except as allowed under subsection (f) of | 10 | | Section 7-152. | 11 | | 4. He has not refused to submit to a reasonable | 12 | | physical examination by a health care professional | 13 | | physician appointed by the Board. | 14 | | 5. His disability is not the result of a mental or | 15 | | physical condition which existed on the earliest date of | 16 | | service from which he has uninterrupted service, including | 17 | | prior service, at the date of his disability, provided | 18 | | that this limitation is not applicable if the date of | 19 | | disability is after December 31, 2001, nor is it | 20 | | applicable to a participating employee who: (i) on the | 21 | | date of disability has 5 years of creditable service, | 22 | | exclusive of creditable service for periods of disability; | 23 | | or (ii) received no medical treatment for the condition | 24 | | for the 3 years immediately prior to such earliest date of | 25 | | service. | 26 | | 6. He is not separated from the service of the |
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| 1 | | participating municipality or instrumentality thereof or | 2 | | participating instrumentality which employed him on the | 3 | | date his temporary disability was incurred; for the | 4 | | purposes of payment of temporary disability benefits, a | 5 | | participating employee, whose employment relationship is | 6 | | terminated by his employing municipality, shall be deemed | 7 | | not to be separated from the service of his employing | 8 | | municipality or participating instrumentality if he | 9 | | continues disabled by the same condition and so long as he | 10 | | is otherwise entitled to such disability benefit. | 11 | | 7. He has not failed or refused to consent to and sign | 12 | | an authorization allowing the Board to receive copies of | 13 | | or to examine his medical and hospital records. | 14 | | 8. He has not failed or refused to provide complete | 15 | | information regarding any other employment for | 16 | | compensation he has received since becoming disabled. | 17 | | (Source: P.A. 101-151, eff. 7-26-19.) | 18 | | (40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149) | 19 | | Sec. 7-149. Temporary disability benefits; periodic | 20 | | benefits-Periodic checks. | 21 | | The Board shall conduct periodic checks to determine if | 22 | | any participating employee is disabled. Such checks may | 23 | | consist of periodic examinations by one or more health care | 24 | | professionals a physician or physicians appointed by the | 25 | | Board, requiring the employee to submit evidence of continuing |
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| 1 | | disability and such other investigations as the Board may deem | 2 | | appropriate. The following shall constitute prima facie | 3 | | prima-facie evidence of termination of temporary disability: | 4 | | (a) A written report by a health care professional | 5 | | physician appointed by the Board stating that the temporary | 6 | | disability has ceased; | 7 | | (b) The earning of compensation by the employee from any | 8 | | source for personal services, in excess of 25% of the monthly | 9 | | rate of earnings upon which his disability benefits are based. | 10 | | (Source: Laws 1965, p. 1086.) | 11 | | (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150) | 12 | | Sec. 7-150. Total and permanent disability benefits; | 13 | | eligibility benefits - Eligibility . Total and permanent | 14 | | disability benefits shall be payable to participating | 15 | | employees as hereinafter provided, including those employees | 16 | | receiving disability benefit on July 1, 1962. | 17 | | (a) A participating employee shall be considered totally | 18 | | and permanently disabled if: | 19 | | 1. He is unable to engage in any gainful activity | 20 | | because of any medically determinable physical or mental | 21 | | impairment which can be expected to result in death or be | 22 | | of a long continued and indefinite duration, other than as | 23 | | a result of self-inflicted injury or addiction to narcotic | 24 | | drugs; | 25 | | 2. The Board has received a written certification by |
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| 1 | | at least one health care professional 1 licensed and | 2 | | practicing physician stating that the employee meets the | 3 | | qualifications of subparagraph 1 of this paragraph (a). | 4 | | (b) A totally and permanently disabled employee is | 5 | | entitled to a permanent disability benefit provided: | 6 | | 1. He has exhausted his temporary disability benefits. | 7 | | 2. He: | 8 | | (i) has at least one year of service immediately | 9 | | preceding the date the disability was incurred and has | 10 | | made contributions to the fund for at least the number | 11 | | of months of service normally required in his position | 12 | | during a 12 month period, or has at least 5 years of | 13 | | service credit, the last year of which immediately | 14 | | preceded the date the disability was incurred; or | 15 | | (ii) had qualified under clause (i) above, but had | 16 | | an interruption in service of not more than 3 months in | 17 | | the 12 months preceding the date the temporary | 18 | | disability was incurred and was not paid a separation | 19 | | benefit; or | 20 | | (iii) had qualified under clause (i) above, but | 21 | | had an interruption after 20 or more years of | 22 | | creditable service, was not paid a separation benefit, | 23 | | and returned to service prior to the date the | 24 | | disability was incurred. | 25 | | Item (iii) of this subdivision shall apply to all | 26 | | employees whose disabilities were incurred on or after |
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| 1 | | July 1, 1985, and any such employee who becomes eligible | 2 | | for a disability benefit under item (iii) shall be | 3 | | entitled to receive a lump sum payment of any accumulated | 4 | | disability benefits which may accrue from the date the | 5 | | disability was incurred until the effective date of this | 6 | | amendatory Act of 1987. | 7 | | Periods of qualified leave granted in compliance with | 8 | | the federal Family and Medical Leave Act shall be ignored | 9 | | for purposes of determining the number of consecutive | 10 | | months of employment under this subdivision (b)2. | 11 | | 3. He is receiving no earnings from a participating | 12 | | municipality or instrumentality thereof or participating | 13 | | instrumentality, except as allowed under subsection (f) of | 14 | | Section 7-152. | 15 | | 4. He has not refused to submit to a reasonable | 16 | | physical examination by a health care professional | 17 | | physician appointed by the Board. | 18 | | 5. His disability is not the result of a mental or | 19 | | physical condition which existed on the earliest date of | 20 | | service from which he has uninterrupted service, including | 21 | | prior service, at the date of his disability, provided | 22 | | that this limitation shall not be applicable to a | 23 | | participating employee who, without receiving a disability | 24 | | benefit, receives 5 years of creditable service. | 25 | | 6. He is not separated from the service of his | 26 | | employing participating municipality or instrumentality |
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| 1 | | thereof or participating instrumentality on the date his | 2 | | temporary disability was incurred; for the purposes of | 3 | | payment of total and permanent disability benefits, a | 4 | | participating employee, whose employment relationship is | 5 | | terminated by his employing municipality, shall be deemed | 6 | | not to be separated from the service of his employing | 7 | | municipality or participating instrumentality if he | 8 | | continues disabled by the same condition and so long as he | 9 | | is otherwise entitled to such disability benefit. | 10 | | 7. He has not refused to apply for a disability | 11 | | benefit under the Federal Social Security Act at the | 12 | | request of the Board. | 13 | | 8. He has not failed or refused to consent to and sign | 14 | | an authorization allowing the Board to receive copies of | 15 | | or to examine his medical and hospital records. | 16 | | 9. He has not failed or refused to provide complete | 17 | | information regarding any other employment for | 18 | | compensation he has received since becoming disabled. | 19 | | (c) A participating employee shall remain eligible and may | 20 | | make application for a total and permanent disability benefit | 21 | | within 90 days after the termination of his temporary | 22 | | disability benefits or within such longer period terminating | 23 | | at the end of the period during which his employing | 24 | | municipality is prevented from employing him by reason of any | 25 | | statutory prohibition. | 26 | | (Source: P.A. 101-151, eff. 7-26-19.) |
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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