103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4139

 

Introduced , by Rep. Bradley Fritts

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/7-131 new
40 ILCS 5/7-145.1
40 ILCS 5/7-146  from Ch. 108 1/2, par. 7-146
40 ILCS 5/7-149  from Ch. 108 1/2, par. 7-149
40 ILCS 5/7-150  from Ch. 108 1/2, par. 7-150

    Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. With regard to disability benefits, provides that a determination of disability may be made by a licensed and practicing medical professional with the authority to diagnose the condition or conditions for which disability benefits are sought (rather than only a physician). Defines "medical professional". Makes conforming changes. Effective immediately.


LRB103 34045 RPS 63862 b

 

 

A BILL FOR

 

HB4139LRB103 34045 RPS 63862 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by adding
5Section 7-131 and by changing Sections 7-145.1, 7-146, 7-149,
6and 7-150 as follows:
 
7    (40 ILCS 5/7-131 new)
8    Sec. 7-131. Medical professional. "Medical professional":
9Any individual who has obtained a license through the
10Department of Financial and Professional Regulation under the
11Medical Practice Act of 1987, under the Physician Assistant
12Practice Act of 1987, or under the Clinical Psychologist
13Licensing Act or an advanced practice registered nurse
14licensed under the Nurse Practice Act.
 
15    (40 ILCS 5/7-145.1)
16    Sec. 7-145.1. Alternative annuity for county officers.
17    (a) The benefits provided in this Section and Section
187-145.2 are available only if, prior to the effective date of
19this amendatory Act of the 97th General Assembly, the county
20board has filed with the Board of the Fund a resolution or
21ordinance expressly consenting to the availability of these
22benefits for its elected county officers. The county board's

 

 

HB4139- 2 -LRB103 34045 RPS 63862 b

1consent is irrevocable with respect to persons participating
2in the program, but may be revoked at any time with respect to
3persons who have not paid an additional optional contribution
4under this Section before the date of revocation.
5    An elected county officer may elect to establish
6alternative credits for an alternative annuity by electing in
7writing before the effective date of this amendatory Act of
8the 97th General Assembly to make additional optional
9contributions in accordance with this Section and procedures
10established by the board. These alternative credits are
11available only for periods of service as an elected county
12officer. The elected county officer may discontinue making the
13additional optional contributions by notifying the Fund in
14writing in accordance with this Section and procedures
15established by the board.
16    Additional optional contributions for the alternative
17annuity shall be as follows:
18        (1) For service as an elected county officer after the
19    option is elected, an additional contribution of 3% of
20    salary shall be contributed to the Fund on the same basis
21    and under the same conditions as contributions required
22    under Section 7-173.
23        (2) For service as an elected county officer before
24    the option is elected, an additional contribution of 3% of
25    the salary for the applicable period of service, plus
26    interest at the effective rate from the date of service to

 

 

HB4139- 3 -LRB103 34045 RPS 63862 b

1    the date of payment, plus any additional amount required
2    by the county board under paragraph (3). All payments for
3    past service must be paid in full before credit is given.
4    Payment must be received by the Board while the member is
5    an active participant, except that one payment will be
6    permitted after termination of participation.
7        (3) With respect to service as an elected county
8    officer before the option is elected, if payment is made
9    after the county board has filed with the Board of the Fund
10    a resolution or ordinance requiring an additional
11    contribution under this paragraph, then the contribution
12    required under paragraph (2) shall include an amount to be
13    determined by the Fund, equal to the actuarial present
14    value of the additional employer cost that would otherwise
15    result from the alternative credits being established for
16    that service. A county board's resolution or ordinance
17    requiring additional contributions under this paragraph
18    (3) is irrevocable. Payment must be received by the Board
19    while the member is an active participant, except that one
20    payment will be permitted after termination of
21    participation.
22    No additional optional contributions may be made for any
23period of service for which credit has been previously
24forfeited by acceptance of a refund, unless the refund is
25repaid in full with interest at the effective rate from the
26date of refund to the date of repayment.

 

 

HB4139- 4 -LRB103 34045 RPS 63862 b

1    (b) In lieu of the retirement annuity otherwise payable
2under this Article, an elected county officer who (1) has
3elected to participate in the Fund and make additional
4optional contributions in accordance with this Section, (2)
5has held and made additional optional contributions with
6respect to the same elected county office for at least 8 years,
7and (3) has attained age 55 with at least 8 years of service
8credit (or has attained age 50 with at least 20 years of
9service as a sheriff's law enforcement employee) may elect to
10have his retirement annuity computed as follows: 3% of the
11participant's salary for each of the first 8 years of service
12credit, plus 4% of that salary for each of the next 4 years of
13service credit, plus 5% of that salary for each year of service
14credit in excess of 12 years, subject to a maximum of 80% of
15that salary.
16    This formula applies only to service in an elected county
17office that the officer held for at least 8 years, and only to
18service for which additional optional contributions have been
19paid under this Section. If an elected county officer
20qualifies to have this formula applied to service in more than
21one elected county office, the qualifying service shall be
22accumulated for purposes of determining the applicable accrual
23percentages, but the salary used for each office shall be the
24separate salary calculated for that office, as defined in
25subsection (g).
26    To the extent that the elected county officer has service

 

 

HB4139- 5 -LRB103 34045 RPS 63862 b

1credit that does not qualify for this formula, his retirement
2annuity will first be determined in accordance with this
3formula with respect to the service to which this formula
4applies, and then in accordance with the remaining Sections of
5this Article with respect to the service to which this formula
6does not apply.
7    (c) In lieu of the disability benefits otherwise payable
8under this Article, an elected county officer who (1) has
9elected to participate in the Fund, and (2) has become
10permanently disabled and as a consequence is unable to perform
11the duties of his office, and (3) was making optional
12contributions in accordance with this Section at the time the
13disability was incurred, may elect to receive a disability
14annuity calculated in accordance with the formula in
15subsection (b). For the purposes of this subsection, an
16elected county officer shall be considered permanently
17disabled only if: (i) disability occurs while in service as an
18elected county officer and is of such a nature as to prevent
19him from reasonably performing the duties of his office at the
20time; and (ii) the board has received a written certification
21by at least 2 licensed and practicing medical professionals
22with the authority to diagnose the condition or conditions for
23which disability benefits are sought physicians appointed by
24it stating that the officer is disabled and that the
25disability is likely to be permanent.
26    (d) Refunds of additional optional contributions shall be

 

 

HB4139- 6 -LRB103 34045 RPS 63862 b

1made on the same basis and under the same conditions as
2provided under Section 7-166, 7-167 and 7-168. Interest shall
3be credited at the effective rate on the same basis and under
4the same conditions as for other contributions.
5    If an elected county officer fails to hold that same
6elected county office for at least 8 years, he or she shall be
7entitled after leaving office to receive a refund of the
8additional optional contributions made with respect to that
9office, plus interest at the effective rate.
10    (e) The plan of optional alternative benefits and
11contributions shall be available to persons who are elected
12county officers and active contributors to the Fund on or
13after November 15, 1994 and elected to establish alternative
14credit before the effective date of this amendatory Act of the
1597th General Assembly. A person who was an elected county
16officer and an active contributor to the Fund on November 15,
171994 but is no longer an active contributor may apply to make
18additional optional contributions under this Section at any
19time within 90 days after the effective date of this
20amendatory Act of 1997; if the person is an annuitant, the
21resulting increase in annuity shall begin to accrue on the
22first day of the month following the month in which the
23required payment is received by the Fund.
24    (f) For the purposes of this Section and Section 7-145.2,
25the terms "elected county officer" and "elected county office"
26include, but are not limited to: (1) the county clerk,

 

 

HB4139- 7 -LRB103 34045 RPS 63862 b

1recorder, treasurer, coroner, assessor (if elected), auditor,
2sheriff, and State's Attorney; members of the county board;
3and the clerk of the circuit court; and (2) a person who has
4been appointed to fill a vacancy in an office that is normally
5filled by election on a countywide basis, for the duration of
6his or her service in that office. The terms "elected county
7officer" and "elected county office" do not include any
8officer or office of a county that has not consented to the
9availability of benefits under this Section and Section
107-145.2.
11    (g) For the purposes of this Section and Section 7-145.2,
12the term "salary" means the final rate of earnings for the
13elected county office held, calculated in a manner consistent
14with Section 7-116, but for that office only. If an elected
15county officer qualifies to have the formula in subsection (b)
16applied to service in more than one elected county office, a
17separate salary shall be calculated and applied with respect
18to each such office.
19    (h) The changes to this Section made by this amendatory
20Act of the 91st General Assembly apply to persons who first
21make an additional optional contribution under this Section on
22or after the effective date of this amendatory Act.
23    (i) Any elected county officer who was entitled to receive
24a stipend from the State on or after July 1, 2009 and on or
25before June 30, 2010 may establish earnings credit for the
26amount of stipend not received, if the elected county official

 

 

HB4139- 8 -LRB103 34045 RPS 63862 b

1applies in writing to the fund within 6 months after the
2effective date of this amendatory Act of the 96th General
3Assembly and pays to the fund an amount equal to (i) employee
4contributions on the amount of stipend not received, (ii)
5employer contributions determined by the Board equal to the
6employer's normal cost of the benefit on the amount of stipend
7not received, plus (iii) interest on items (i) and (ii) at the
8actuarially assumed rate.
9(Source: P.A. 100-148, eff. 8-18-17.)
 
10    (40 ILCS 5/7-146)  (from Ch. 108 1/2, par. 7-146)
11    Sec. 7-146. Temporary disability benefits; eligibility
12benefits - Eligibility. Temporary disability benefits shall be
13payable to participating employees as hereinafter provided.
14    (a) The participating employee shall be considered
15temporarily disabled if:
16        1. He is unable to perform the duties of any position
17    which might reasonably be assigned to him by his employing
18    municipality or instrumentality thereof or participating
19    instrumentality due to mental or physical disability
20    caused by bodily injury or disease, other than as a result
21    of self-inflicted injury or addiction to narcotic drugs;
22        2. The Board has received written certifications from
23    at least one licensed and practicing medical professional
24    with the authority to diagnose the condition or conditions
25    for which a temporary disability benefit is sought

 

 

HB4139- 9 -LRB103 34045 RPS 63862 b

1    physician and the governing body of the employing
2    municipality or instrumentality thereof or participating
3    instrumentality stating that the employee meets the
4    conditions set forth in subparagraph 1 of this paragraph
5    (a).
6    (b) A temporary disability benefit shall be payable to a
7temporarily disabled employee provided:
8        1. He:
9            (i) has at least one year of service immediately
10        preceding the date the temporary disability was
11        incurred and has made contributions to the fund for at
12        least the number of months of service normally
13        required in his position during a 12-month period, or
14        has at least 5 years of service credit, the last year
15        of which immediately precedes such date; or
16            (ii) had qualified under clause (i) above, but had
17        an interruption in service of not more than 3 months in
18        the 12 months preceding the date the temporary
19        disability was incurred and was not paid a separation
20        benefit; or
21            (iii) had qualified under clause (i) above, but
22        had an interruption after 20 or more years of
23        creditable service, was not paid a separation benefit,
24        and returned to service prior to the date the
25        disability was incurred.
26        Item (iii) of this subdivision shall apply to all

 

 

HB4139- 10 -LRB103 34045 RPS 63862 b

1    employees whose disabilities were incurred on or after
2    July 1, 1985, and any such employee who becomes eligible
3    for a disability benefit under item (iii) shall be
4    entitled to receive a lump sum payment of any accumulated
5    disability benefits which may accrue from the date the
6    disability was incurred until the effective date of this
7    amendatory Act of 1987.
8        Periods of qualified leave granted in compliance with
9    the federal Family and Medical Leave Act shall be ignored
10    for purposes of determining the number of consecutive
11    months of employment under this subdivision (b)1.
12        2. He has been temporarily disabled for at least 30
13    days, except where a former temporary or permanent and
14    total disability has reoccurred within 6 months after the
15    employee has returned to service.
16        3. He is receiving no earnings from a participating
17    municipality or instrumentality thereof or participating
18    instrumentality, except as allowed under subsection (f) of
19    Section 7-152.
20        4. He has not refused to submit to a reasonable
21    physical examination by a licensed and practicing medical
22    professional with the authority to diagnose the condition
23    or conditions for which a temporary disability benefit is
24    sought physician appointed by the Board.
25        5. His disability is not the result of a mental or
26    physical condition which existed on the earliest date of

 

 

HB4139- 11 -LRB103 34045 RPS 63862 b

1    service from which he has uninterrupted service, including
2    prior service, at the date of his disability, provided
3    that this limitation is not applicable if the date of
4    disability is after December 31, 2001, nor is it
5    applicable to a participating employee who: (i) on the
6    date of disability has 5 years of creditable service,
7    exclusive of creditable service for periods of disability;
8    or (ii) received no medical treatment for the condition
9    for the 3 years immediately prior to such earliest date of
10    service.
11        6. He is not separated from the service of the
12    participating municipality or instrumentality thereof or
13    participating instrumentality which employed him on the
14    date his temporary disability was incurred; for the
15    purposes of payment of temporary disability benefits, a
16    participating employee, whose employment relationship is
17    terminated by his employing municipality, shall be deemed
18    not to be separated from the service of his employing
19    municipality or participating instrumentality if he
20    continues disabled by the same condition and so long as he
21    is otherwise entitled to such disability benefit.
22        7. He has not failed or refused to consent to and sign
23    an authorization allowing the Board to receive copies of
24    or to examine his medical and hospital records.
25        8. He has not failed or refused to provide complete
26    information regarding any other employment for

 

 

HB4139- 12 -LRB103 34045 RPS 63862 b

1    compensation he has received since becoming disabled.
2(Source: P.A. 101-151, eff. 7-26-19.)
 
3    (40 ILCS 5/7-149)  (from Ch. 108 1/2, par. 7-149)
4    Sec. 7-149. Temporary disability benefits; periodic
5benefits-Periodic checks.
6    The Board shall conduct periodic checks to determine if
7any participating employee is disabled. Such checks may
8consist of periodic examinations by one or more licensed and
9practicing medical professionals with the authority to
10diagnose the condition or conditions for which temporary
11disability benefits have been granted a physician or
12physicians appointed by the Board, requiring the employee to
13submit evidence of continuing disability and such other
14investigations as the Board may deem appropriate. The
15following shall constitute prima facie prima-facie evidence of
16termination of temporary disability:
17    (a) A written report by a licensed and practicing medical
18professional with the authority to diagnose the condition or
19conditions for which temporary disability benefits have been
20granted physician appointed by the Board stating that the
21temporary disability has ceased;
22    (b) The earning of compensation by the employee from any
23source for personal services, in excess of 25% of the monthly
24rate of earnings upon which his disability benefits are based.
25(Source: Laws 1965, p. 1086.)
 

 

 

HB4139- 13 -LRB103 34045 RPS 63862 b

1    (40 ILCS 5/7-150)  (from Ch. 108 1/2, par. 7-150)
2    Sec. 7-150. Total and permanent disability benefits;
3eligibility benefits - Eligibility. Total and permanent
4disability benefits shall be payable to participating
5employees as hereinafter provided, including those employees
6receiving disability benefit on July 1, 1962.
7    (a) A participating employee shall be considered totally
8and permanently disabled if:
9        1. He is unable to engage in any gainful activity
10    because of any medically determinable physical or mental
11    impairment which can be expected to result in death or be
12    of a long continued and indefinite duration, other than as
13    a result of self-inflicted injury or addiction to narcotic
14    drugs;
15        2. The Board has received a written certification by
16    at least one 1 licensed and practicing medical
17    professional with the authority to diagnose the condition
18    or conditions for which disability benefits are sought
19    physician stating that the employee meets the
20    qualifications of subparagraph 1 of this paragraph (a).
21    (b) A totally and permanently disabled employee is
22entitled to a permanent disability benefit provided:
23        1. He has exhausted his temporary disability benefits.
24        2. He:
25            (i) has at least one year of service immediately

 

 

HB4139- 14 -LRB103 34045 RPS 63862 b

1        preceding the date the disability was incurred and has
2        made contributions to the fund for at least the number
3        of months of service normally required in his position
4        during a 12 month period, or has at least 5 years of
5        service credit, the last year of which immediately
6        preceded the date the disability was incurred; 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

 

 

HB4139- 15 -LRB103 34045 RPS 63862 b

1    for purposes of determining the number of consecutive
2    months of employment under this subdivision (b)2.
3        3. He is receiving no earnings from a participating
4    municipality or instrumentality thereof or participating
5    instrumentality, except as allowed under subsection (f) of
6    Section 7-152.
7        4. He has not refused to submit to a reasonable
8    physical examination by a licensed and practicing medical
9    professional with the authority to diagnose the condition
10    or conditions for which disability benefits are sought
11    physician appointed by the Board.
12        5. His disability is not the result of a mental or
13    physical condition which existed on the earliest date of
14    service from which he has uninterrupted service, including
15    prior service, at the date of his disability, provided
16    that this limitation shall not be applicable to a
17    participating employee who, without receiving a disability
18    benefit, receives 5 years of creditable service.
19        6. He is not separated from the service of his
20    employing participating municipality or instrumentality
21    thereof or participating instrumentality on the date his
22    temporary disability was incurred; for the purposes of
23    payment of total and permanent disability benefits, a
24    participating employee, whose employment relationship is
25    terminated by his employing municipality, shall be deemed
26    not to be separated from the service of his employing

 

 

HB4139- 16 -LRB103 34045 RPS 63862 b

1    municipality or participating instrumentality if he
2    continues disabled by the same condition and so long as he
3    is otherwise entitled to such disability benefit.
4        7. He has not refused to apply for a disability
5    benefit under the Federal Social Security Act at the
6    request of the Board.
7        8. He has not failed or refused to consent to and sign
8    an authorization allowing the Board to receive copies of
9    or to examine his medical and hospital records.
10        9. He has not failed or refused to provide complete
11    information regarding any other employment for
12    compensation he has received since becoming disabled.
13    (c) A participating employee shall remain eligible and may
14make application for a total and permanent disability benefit
15within 90 days after the termination of his temporary
16disability benefits or within such longer period terminating
17at the end of the period during which his employing
18municipality is prevented from employing him by reason of any
19statutory prohibition.
20(Source: P.A. 101-151, eff. 7-26-19.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.