Full Text of HB4184 93rd General Assembly
HB4184 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4184
Introduced 1/23/2004, by Patricia Reid Lindner SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/16-149 |
from Ch. 108 1/2, par. 16-149 |
40 ILCS 5/16-149.1 |
from Ch. 108 1/2, par. 16-149.1 |
40 ILCS 5/16-149.2 |
from Ch. 108 1/2, par. 16-149.2 |
40 ILCS 5/16-149.6 new |
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30 ILCS 805/8.28 new |
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Amends the Downstate Teacher Article of the Illinois
Pension Code. Provides that a teacher who (i) has been
receiving a disability, occupational disability, or
disability retirement benefit for at least one year and (ii)
remains unable to resume regular full-time teaching due to
disability, but is able to engage in limited or part-time
employment as a teacher, may engage in such limited or
part-time employment as a teacher without loss of the
disability, occupational disability, or disability retirement
benefit, provided that the teacher's earnings for that
limited or part-time employment, when added to the amount of
the benefit, do not exceed 100% of the salary rate upon which
the benefit is based. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4184 |
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LRB093 14651 LRD 40175 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| (40 ILCS 5/16-149) (from Ch. 108 1/2, par. 16-149)
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| Sec. 16-149. Disability benefit.
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| (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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| 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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| 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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| 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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| 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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| 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 .
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| 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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| (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
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| 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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| time the disability commenced.
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| 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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| (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
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| 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
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| benefit will be resumed, upon notification of the System, as | 23 |
| soon as the
member is not eligible to receive salary.
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| 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.
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| (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
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| shall be paid by the claimant.
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| (Source: P.A. 86-272; 86-273; 86-1028; 87-794; 87-1265.)
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| (40 ILCS 5/16-149.1) (from Ch. 108 1/2, par. 16-149.1)
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| Sec. 16-149.1. Occupational disability benefit.
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| (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
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| 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
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| 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
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| capacity in any other public or private school, college or | 21 |
| university , except as provided in Section 16-149.6 .
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| 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
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| 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.
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| 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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| 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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| the aforesaid Acts; or (2) on the basis of a claim filed by the
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| 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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| (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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| 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.
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| 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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| 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.
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| (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
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| 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.
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| (d) The board shall prescribe rules governing the filing,
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| 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.
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| (Source: P.A. 86-272; 86-273; 86-1488; 87-794; 87-1265.)
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| (40 ILCS 5/16-149.2) (from Ch. 108 1/2, par. 16-149.2)
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| Sec. 16-149.2. Disability retirement annuity.
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| (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
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| 16-149.
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| 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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| 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 .
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| (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.
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| 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.
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| (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
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| 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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| (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.
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| 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.
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| (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.
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| 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.
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| (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.
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| (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 |
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| 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
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| incurred by a claimant in connection with completing a claim | 5 |
| for disability
benefits shall be paid by the claimant.
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| 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.
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| (Source: P.A. 93-469, eff. 8-8-03.)
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| (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:
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| (30 ILCS 805/8.28 new)
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| 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.
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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