(40 ILCS 5/16-149.2)
(from Ch. 108 1/2, par. 16-149.2)
Disability retirement annuity.
(a) A member whose disability benefit has been terminated under the
provisions of Section 16-149 may be retired on a disability retirement
annuity payable effective the day following such termination provided the
member remains disabled under the standard of disability provided in Section
The disability retirement annuity shall be payable upon receipt of written
certificates from at least 2 licensed physicians designated
by the System verifying the continuation of the disability condition.
A disability retirement annuity shall not be paid during any period for
which the member receives benefits under Section 16-133, Section 16-149,
or Section 16-149.1 or has a right to receive a salary as a teacher, or
is employed in any capacity as a teacher by the employers included under
this System or in an equivalent capacity in any other public or private school,
college or university, except as provided in Section 16-149.6.
(b) The disability retirement annuity shall be equal to the larger of:
(1) 35% of the most recent annual contract salary rate or for part-time
and substitute members after June 30, 1990, the most recent annualized
salary rate; or (2) if disability commences prior to the member's
attainment of age 55, the amount computed in accordance with Section
16-133, provided the amount computed under paragraph (B) of Section 16-133
shall be reduced by 1/2 of 1% for each month that the member is less than
age 55; or (3) if disability commences after the member's attainment of age
55, and the member is not receiving a retirement annuity under Section
16-133, the amount computed in accordance with Section 16-133.
Prior to July 1, 1990, if the most recent period of service of any
member eligible to receive a disability retirement annuity was rendered on
a less than full-time but not less than half-time basis, the amount of the
disability retirement annuity payable shall be computed on the basis of the
salary received by such member for the member's last year of service on a
full-time basis if such salary was greater than the member's most recent
(c) If an annuitant receiving a disability retirement annuity under this
Section is engaged in or able to engage in gainful employment (including
limited employment under Section 16-149.6) paying more
than the difference between the disability retirement annuity and the salary
rate upon which the disability benefit is based, with no salary to be
considered less than the minimum prescribed in Section 24-8 of the School
Code, the disability retirement annuity shall be reduced to
an amount which together with the amount earned by the annuitant, equals
the salary rate upon which the disability benefit is based. However, for
the purposes of this subsection (c) only, the salary rate upon which the
benefit is based shall be deemed to increase by 15% on the tenth
anniversary of the commencement of the annuity.
Once each year during the first 5 years following retirement on a disability
retirement annuity, and once in every 3-year period thereafter, the System
may require an annuitant to undergo a medical examination, by a physician
or physicians designated by the System. If the annuitant refuses to submit
to such medical examination, the annuity shall be discontinued until such
time as the annuitant consents to the examination, and if refusal continues
for one year, all the rights to the annuity shall be revoked.
(d) If an annuitant in receipt of a disability retirement annuity returns
to active service as a teacher (other than limited employment under Section
16-149.6) or is no longer disabled, such annuity shall
cease and the annuitant shall again become a member of the Retirement System
and, if in active service as a teacher, shall make regular contributions. All service
for which the annuitant had credit on the date of disability shall be properly
An annuitant in receipt of a disability retirement annuity who returns
to active service as a teacher and who again becomes disabled shall not
be entitled to a recomputation of the disability retirement annuity based
on amendments enacted while the annuitant was in receipt of the annuity
unless at least one year of creditable service is rendered after the latest
re-entry into service.
(e) An annuitant in receipt of a disability retirement annuity may,
upon reaching retirement age as specified in Section 16-132, apply for a
retirement annuity which is to be calculated as specified in Section
16-133. The disability retirement annuity shall be discontinued upon
commencement of the retirement annuity.
(f) The board shall prescribe rules governing the filing, investigation,
control, and supervision of disability retirement claims. The rules
shall include specific standards to be used when requesting additional
medical examinations, hospital records or other data necessary for
determining the employment capacity and condition of the annuitant. Costs
incurred by a claimant in connection with completing a claim for disability
benefits shall be paid by the claimant.
The changes to this Section made by this amendatory Act of 1991
shall apply not only to persons who on or after its effective date are in
service as a teacher under the System, but also to persons whose status as
a teacher terminated prior to that date, whether or not the person is an
annuitant on that date.
(Source: P.A. 93-469, eff. 8-8-03; 94-539, eff. 8-10-05.)