(40 ILCS 5/11-156)
(from Ch. 108 1/2, par. 11-156)
Ordinary disability benefit.
An employee, while under
age 65 and prior to January 1, 1979, or while under age 70 and after
January 1, 1979, who becomes disabled after the effective date as the result of
any cause other than injury incurred in the performance of any act or
acts of duty, shall be entitled to ordinary disability benefit during such
disability, after the first 30 days thereof.
The disability benefit prescribed herein shall cease when the first of
the following dates shall occur and the employee, if still disabled, shall
thereafter be entitled to such annuity as is otherwise provided in this
(a) the date disability ceases.
(b) the date the disabled employee attains age 65 for disability
commencing prior to January 1, 1979.
(c) the date the disabled employee attains 65 for disability commencing
prior to attainment of age 60 in the service and after January 1, 1979.
(d) the date the disabled employee attains the age of 70 for disability
commencing after attainment of age 60 in the service and after January 1, 1979.
(e) the date the payments of the benefit shall exceed in the aggregate,
throughout the employee's service, a period equal to 1/4 of the total service
rendered prior to the date of disability but in no event more than 5 years.
In computing such total the following periods shall be excluded:
(i) Any period during which the employee received
ordinary disability benefit;
(ii) Any period of absence from duty, whether caused
by layoff, leave of absence or suspension of employment, or any other reason, unless the board, upon satisfactory evidence, finds that the disability resulted from a cause which existed or occurred prior to such period of absence. No employee who becomes disabled and whose disability begins during absence from duty (other than while on vacation with pay) shall have any right to ordinary disability benefit, except as herein provided, until he recovers from such disability and performs the duties of his position in the service for at least 15 consecutive days, Sundays and holidays excepted, after such recovery.
The first payment shall be made not later than one month after the
benefit is granted and each subsequent payment shall be made not later
than one month after the last preceding payment.
Ordinary disability benefit shall be 50% of the employee's salary at
the date of disability.
For ordinary disability benefits paid before January 1, 2001, before any
payment, an amount equal to the sum ordinarily deducted from salary
for all annuity purposes for such period for which the ordinary disability
benefit is made shall be deducted from such payment and credited to the
employee as a deduction from salary for that period. The
sums so deducted shall be
regarded, for annuity and refund purposes, as an amount contributed by him.
For ordinary disability benefits paid on or after January 1, 2001, the fund
shall credit sums equal to the amounts ordinarily contributed by an employee
for annuity purposes for any period during which the employee receives ordinary
disability, and those sums shall be deemed for annuity purposes and purposes of
Section 11-169 as amounts contributed by the employee. These amounts credited
for annuity purposes shall not be credited for refund purposes.
Any employee whose ordinary disability benefit was terminated after
January 1, 1979 by reason of his attainment of age 65 and who continues
disabled after age 65 may elect before July 1, 1986 to have such benefits
resumed beginning at the time of such termination and continuing until
termination is required under this Section as amended by this amendatory Act
of 1985. The amount payable to any employee for such resumed benefit for
any period shall be reduced by the amount of any retirement annuity paid to
such employee under this Article for the same period of time or by refund
paid in lieu of annuity.
(Source: P.A. 92-599, eff. 6-28-02.)