Rep. Bradley Fritts

Filed: 2/20/2024

 

 


 

 


 
10300HB4139ham001LRB103 34045 RPS 65300 a

1
AMENDMENT TO HOUSE BILL 4139

2    AMENDMENT NO. ______. Amend House Bill 4139 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by adding
5Sections 7-130.1, 7-130.2, 7-130.3, 7-130.4, and 7-130.5 and
6by changing Sections 7-145.1, 7-146, 7-149, and 7-150 as
7follows:
 
8    (40 ILCS 5/7-130.1 new)
9    Sec. 7-130.1. Advanced practice registered nurse.
10"Advanced practice registered nurse": a person licensed as an
11advanced practice registered nurse under the Nurse Practice
12Act.
 
13    (40 ILCS 5/7-130.2 new)
14    Sec. 7-130.2. Clinical psychologist. "Clinical
15psychologist": a person licensed under the Clinical

 

 

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1Psychologist Licensing Act.
 
2    (40 ILCS 5/7-130.3 new)
3    Sec. 7-130.3. Health care professional. "Health care
4professional": a person currently licensed as a physician,
5advanced practice registered nurse, clinical psychologist, or
6physician assistant diagnosing the condition or conditions for
7which disability benefits are sought in accordance with the
8person's level of education, training, and licensure.
 
9    (40 ILCS 5/7-130.4 new)
10    Sec. 7-130.4. Physician. "Physician": a person licensed to
11practice medicine in all its branches under the Medical
12Practice Act of 1987.
 
13    (40 ILCS 5/7-130.5 new)
14    Sec. 7-130.5. Physician assistant. "Physician assistant":
15a person licensed under the Physician Assistant Practice Act
16of 1987.
 
17    (40 ILCS 5/7-145.1)
18    Sec. 7-145.1. Alternative annuity for county officers.
19    (a) The benefits provided in this Section and Section
207-145.2 are available only if, prior to the effective date of
21this amendatory Act of the 97th General Assembly, the county
22board has filed with the Board of the Fund a resolution or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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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,

 

 

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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

 

 

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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 health care professional licensed and
24    practicing physician and the governing body of the
25    employing municipality or instrumentality thereof or

 

 

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1    participating instrumentality stating that the employee
2    meets the conditions set forth in subparagraph 1 of this
3    paragraph (a).
4    (b) A temporary disability benefit shall be payable to a
5temporarily disabled employee provided:
6        1. He:
7            (i) has at least one year of service immediately
8        preceding the date the temporary disability was
9        incurred and has made contributions to the fund for at
10        least the number of months of service normally
11        required in his position during a 12-month period, or
12        has at least 5 years of service credit, the last year
13        of which immediately precedes such date; or
14            (ii) had qualified under clause (i) above, but had
15        an interruption in service of not more than 3 months in
16        the 12 months preceding the date the temporary
17        disability was incurred and was not paid a separation
18        benefit; or
19            (iii) had qualified under clause (i) above, but
20        had an interruption after 20 or more years of
21        creditable service, was not paid a separation benefit,
22        and returned to service prior to the date the
23        disability was incurred.
24        Item (iii) of this subdivision shall apply to all
25    employees whose disabilities were incurred on or after
26    July 1, 1985, and any such employee who becomes eligible

 

 

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1    for a disability benefit under item (iii) shall be
2    entitled to receive a lump sum payment of any accumulated
3    disability benefits which may accrue from the date the
4    disability was incurred until the effective date of this
5    amendatory Act of 1987.
6        Periods of qualified leave granted in compliance with
7    the federal Family and Medical Leave Act shall be ignored
8    for purposes of determining the number of consecutive
9    months of employment under this subdivision (b)1.
10        2. He has been temporarily disabled for at least 30
11    days, except where a former temporary or permanent and
12    total disability has reoccurred within 6 months after the
13    employee has returned to service.
14        3. He is receiving no earnings from a participating
15    municipality or instrumentality thereof or participating
16    instrumentality, except as allowed under subsection (f) of
17    Section 7-152.
18        4. He has not refused to submit to a reasonable
19    physical examination by a health care professional
20    physician appointed by the Board.
21        5. His disability is not the result of a mental or
22    physical condition which existed on the earliest date of
23    service from which he has uninterrupted service, including
24    prior service, at the date of his disability, provided
25    that this limitation is not applicable if the date of
26    disability is after December 31, 2001, nor is it

 

 

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1    applicable to a participating employee who: (i) on the
2    date of disability has 5 years of creditable service,
3    exclusive of creditable service for periods of disability;
4    or (ii) received no medical treatment for the condition
5    for the 3 years immediately prior to such earliest date of
6    service.
7        6. He is not separated from the service of the
8    participating municipality or instrumentality thereof or
9    participating instrumentality which employed him on the
10    date his temporary disability was incurred; for the
11    purposes of payment of temporary disability benefits, a
12    participating employee, whose employment relationship is
13    terminated by his employing municipality, shall be deemed
14    not to be separated from the service of his employing
15    municipality or participating instrumentality if he
16    continues disabled by the same condition and so long as he
17    is otherwise entitled to such disability benefit.
18        7. He has not failed or refused to consent to and sign
19    an authorization allowing the Board to receive copies of
20    or to examine his medical and hospital records.
21        8. He has not failed or refused to provide complete
22    information regarding any other employment for
23    compensation he has received since becoming disabled.
24(Source: P.A. 101-151, eff. 7-26-19.)
 
25    (40 ILCS 5/7-149)  (from Ch. 108 1/2, par. 7-149)

 

 

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1    Sec. 7-149. Temporary disability benefits; periodic
2benefits-Periodic checks.
3    The Board shall conduct periodic checks to determine if
4any participating employee is disabled. Such checks may
5consist of periodic examinations by one or more health care
6professionals a physician or physicians appointed by the
7Board, requiring the employee to submit evidence of continuing
8disability and such other investigations as the Board may deem
9appropriate. The following shall constitute prima facie
10prima-facie evidence of termination of temporary disability:
11    (a) A written report by a health care professional
12physician appointed by the Board stating that the temporary
13disability has ceased;
14    (b) The earning of compensation by the employee from any
15source for personal services, in excess of 25% of the monthly
16rate of earnings upon which his disability benefits are based.
17(Source: Laws 1965, p. 1086.)
 
18    (40 ILCS 5/7-150)  (from Ch. 108 1/2, par. 7-150)
19    Sec. 7-150. Total and permanent disability benefits;
20eligibility benefits - Eligibility. Total and permanent
21disability benefits shall be payable to participating
22employees as hereinafter provided, including those employees
23receiving disability benefit on July 1, 1962.
24    (a) A participating employee shall be considered totally
25and permanently disabled if:

 

 

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1        1. He is unable to engage in any gainful activity
2    because of any medically determinable physical or mental
3    impairment which can be expected to result in death or be
4    of a long continued and indefinite duration, other than as
5    a result of self-inflicted injury or addiction to narcotic
6    drugs;
7        2. The Board has received a written certification by
8    at least one health care professional 1 licensed and
9    practicing physician stating that the employee meets the
10    qualifications of subparagraph 1 of this paragraph (a).
11    (b) A totally and permanently disabled employee is
12entitled to a permanent disability benefit provided:
13        1. He has exhausted his temporary disability benefits.
14        2. He:
15            (i) has at least one year of service immediately
16        preceding the date the disability was incurred and has
17        made contributions to the fund for at least the number
18        of months of service normally required in his position
19        during a 12 month period, or has at least 5 years of
20        service credit, the last year of which immediately
21        preceded the date the disability was incurred; or
22            (ii) had qualified under clause (i) above, but had
23        an interruption in service of not more than 3 months in
24        the 12 months preceding the date the temporary
25        disability was incurred and was not paid a separation
26        benefit; or

 

 

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1            (iii) had qualified under clause (i) above, but
2        had an interruption after 20 or more years of
3        creditable service, was not paid a separation benefit,
4        and returned to service prior to the date the
5        disability was incurred.
6        Item (iii) of this subdivision shall apply to all
7    employees whose disabilities were incurred on or after
8    July 1, 1985, and any such employee who becomes eligible
9    for a disability benefit under item (iii) shall be
10    entitled to receive a lump sum payment of any accumulated
11    disability benefits which may accrue from the date the
12    disability was incurred until the effective date of this
13    amendatory Act of 1987.
14        Periods of qualified leave granted in compliance with
15    the federal Family and Medical Leave Act shall be ignored
16    for purposes of determining the number of consecutive
17    months of employment under this subdivision (b)2.
18        3. He is receiving no earnings from a participating
19    municipality or instrumentality thereof or participating
20    instrumentality, except as allowed under subsection (f) of
21    Section 7-152.
22        4. He has not refused to submit to a reasonable
23    physical examination by a health care professional
24    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

 

 

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1    service from which he has uninterrupted service, including
2    prior service, at the date of his disability, provided
3    that this limitation shall not be applicable to a
4    participating employee who, without receiving a disability
5    benefit, receives 5 years of creditable service.
6        6. He is not separated from the service of his
7    employing participating municipality or instrumentality
8    thereof or participating instrumentality on the date his
9    temporary disability was incurred; for the purposes of
10    payment of total and permanent disability benefits, a
11    participating employee, whose employment relationship is
12    terminated by his employing municipality, shall be deemed
13    not to be separated from the service of his employing
14    municipality or participating instrumentality if he
15    continues disabled by the same condition and so long as he
16    is otherwise entitled to such disability benefit.
17        7. He has not refused to apply for a disability
18    benefit under the Federal Social Security Act at the
19    request of the Board.
20        8. He has not failed or refused to consent to and sign
21    an authorization allowing the Board to receive copies of
22    or to examine his medical and hospital records.
23        9. He has not failed or refused to provide complete
24    information regarding any other employment for
25    compensation he has received since becoming disabled.
26    (c) A participating employee shall remain eligible and may

 

 

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1make application for a total and permanent disability benefit
2within 90 days after the termination of his temporary
3disability benefits or within such longer period terminating
4at the end of the period during which his employing
5municipality is prevented from employing him by reason of any
6statutory prohibition.
7(Source: P.A. 101-151, eff. 7-26-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".