HB4889 93RD GENERAL ASSEMBLY

LRB093 16092 LRD 41718 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4889

Introduced 02/04/04, by Kevin Joyce

SYNOPSIS AS INTRODUCED:

40 ILCS 5/7-149	from Ch. 108 1/2, par. 7-149
40 ILCS 5/7-153	from Ch. 108 1/2, par. 7-153

Amends the IMRF Article of the Illinois Pension Code. Provides that if a physician or physicians appointed by the Board file a written finding with the Board that a participating employee is terminally ill, the participating employee shall no longer be required to submit to periodic checks to show proof that he or she remains disabled. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Sections 7-149 and 7-153 as follows:

(40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149)

Sec. 7-149. Temporary disability benefits-Periodic checks.

(a) The Board shall conduct periodic checks to determine if any participating employee is disabled. Such checks may consist of periodic examinations by a physician or physicians appointed by the Board, requiring the employee to submit evidence of continuing disability and such other investigations as the Board may deem appropriate. The following shall constitute prima-facie evidence of termination of temporary disability:

(1) (a) A written report by a physician appointed by the Board stating that the temporary disability has ceased;

(2) (b) The earning of compensation by the employee from any source for personal services, in excess of 25% of the monthly rate of earnings upon which his disability benefits are based.

(b) If a physician or physicians appointed by the Board file a written finding with the Board that a participating employee is terminally ill, the participating employee shall no longer be required to submit to periodic checks under subsection (a).

(Source: Laws 1965, p. 1086.)

(40 ILCS 5/7-153) (from Ch. 108 1/2, par. 7-153)

Sec. 7-153. Total and permanent disability benefits; periodic checks.

(a) The board shall conduct periodic checks to determine if participating employees who are drawing a total permanent disability benefit remain totally and permanently disabled. Such checks may consist of periodic examination by a physician or physicians appointed by the board, requiring the employee to submit evidence of continuing disability or absence of gainful employment and such other investigations as the board may deem appropriate. A written report by a physician appointed by the board stating that the employee is no longer totally and permanently disabled shall constitute prima-facie evidence of termination of total and permanent disability, except as provided in subsection (f) of Section 7-152.

(b) If a physician or physicians appointed by the Board file a written finding with the Board that a participating employee is terminally ill, the participating employee shall no longer be required to submit to periodic checks under subsection (a).

(Source: P.A. 87-740.)

Section 99. Effective date. This Act takes effect upon becoming law.