HB4139 EngrossedLRB103 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
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
16Psychologist Licensing Act.
 
17    (40 ILCS 5/7-130.3 new)
18    Sec. 7-130.3. Health care professional. "Health care
19professional": a person currently licensed as a physician,
20advanced practice registered nurse, clinical psychologist, or
21physician assistant diagnosing the condition or conditions for

 

 

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1which disability benefits are sought in accordance with the
2person's level of education, training, and licensure.
 
3    (40 ILCS 5/7-130.4 new)
4    Sec. 7-130.4. Physician. "Physician": a person licensed to
5practice medicine in all its branches under the Medical
6Practice Act of 1987.
 
7    (40 ILCS 5/7-130.5 new)
8    Sec. 7-130.5. Physician assistant. "Physician assistant":
9a person licensed under the Physician Assistant Practice Act
10of 1987.
 
11    (40 ILCS 5/7-145.1)
12    Sec. 7-145.1. Alternative annuity for county officers.
13    (a) The benefits provided in this Section and Section
147-145.2 are available only if, prior to the effective date of
15this amendatory Act of the 97th General Assembly, the county
16board has filed with the Board of the Fund a resolution or
17ordinance expressly consenting to the availability of these
18benefits for its elected county officers. The county board's
19consent is irrevocable with respect to persons participating
20in the program, but may be revoked at any time with respect to
21persons who have not paid an additional optional contribution
22under this Section before the date of revocation.
23    An elected county officer may elect to establish

 

 

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1alternative credits for an alternative annuity by electing in
2writing before the effective date of this amendatory Act of
3the 97th General Assembly to make additional optional
4contributions in accordance with this Section and procedures
5established by the board. These alternative credits are
6available only for periods of service as an elected county
7officer. The elected county officer may discontinue making the
8additional optional contributions by notifying the Fund in
9writing in accordance with this Section and procedures
10established by the board.
11    Additional optional contributions for the alternative
12annuity shall be as follows:
13        (1) For service as an elected county officer after the
14    option is elected, an additional contribution of 3% of
15    salary shall be contributed to the Fund on the same basis
16    and under the same conditions as contributions required
17    under Section 7-173.
18        (2) For service as an elected county officer before
19    the option is elected, an additional contribution of 3% of
20    the salary for the applicable period of service, plus
21    interest at the effective rate from the date of service to
22    the date of payment, plus any additional amount required
23    by the county board under paragraph (3). All payments for
24    past service must be paid in full before credit is given.
25    Payment must be received by the Board while the member is
26    an active participant, except that one payment will be

 

 

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

 

 

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1respect to the same elected county office for at least 8 years,
2and (3) has attained age 55 with at least 8 years of service
3credit (or has attained age 50 with at least 20 years of
4service as a sheriff's law enforcement employee) may elect to
5have his retirement annuity computed as follows: 3% of the
6participant's salary for each of the first 8 years of service
7credit, plus 4% of that salary for each of the next 4 years of
8service credit, plus 5% of that salary for each year of service
9credit in excess of 12 years, subject to a maximum of 80% of
10that salary.
11    This formula applies only to service in an elected county
12office that the officer held for at least 8 years, and only to
13service for which additional optional contributions have been
14paid under this Section. If an elected county officer
15qualifies to have this formula applied to service in more than
16one elected county office, the qualifying service shall be
17accumulated for purposes of determining the applicable accrual
18percentages, but the salary used for each office shall be the
19separate salary calculated for that office, as defined in
20subsection (g).
21    To the extent that the elected county officer has service
22credit that does not qualify for this formula, his retirement
23annuity will first be determined in accordance with this
24formula with respect to the service to which this formula
25applies, and then in accordance with the remaining Sections of
26this Article with respect to the service to which this formula

 

 

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1does not apply.
2    (c) In lieu of the disability benefits otherwise payable
3under this Article, an elected county officer who (1) has
4elected to participate in the Fund, and (2) has become
5permanently disabled and as a consequence is unable to perform
6the duties of his office, and (3) was making optional
7contributions in accordance with this Section at the time the
8disability was incurred, may elect to receive a disability
9annuity calculated in accordance with the formula in
10subsection (b). For the purposes of this subsection, an
11elected county officer shall be considered permanently
12disabled only if: (i) disability occurs while in service as an
13elected county officer and is of such a nature as to prevent
14him from reasonably performing the duties of his office at the
15time; and (ii) the board has received a written certification
16by at least 2 health care professionals licensed physicians
17appointed by it stating that the officer is disabled and that
18the disability is likely to be permanent.
19    (d) Refunds of additional optional contributions shall be
20made on the same basis and under the same conditions as
21provided under Section 7-166, 7-167 and 7-168. Interest shall
22be credited at the effective rate on the same basis and under
23the same conditions as for other contributions.
24    If an elected county officer fails to hold that same
25elected county office for at least 8 years, he or she shall be
26entitled after leaving office to receive a refund of the

 

 

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1additional optional contributions made with respect to that
2office, plus interest at the effective rate.
3    (e) The plan of optional alternative benefits and
4contributions shall be available to persons who are elected
5county officers and active contributors to the Fund on or
6after November 15, 1994 and elected to establish alternative
7credit before the effective date of this amendatory Act of the
897th General Assembly. A person who was an elected county
9officer and an active contributor to the Fund on November 15,
101994 but is no longer an active contributor may apply to make
11additional optional contributions under this Section at any
12time within 90 days after the effective date of this
13amendatory Act of 1997; if the person is an annuitant, the
14resulting increase in annuity shall begin to accrue on the
15first day of the month following the month in which the
16required payment is received by the Fund.
17    (f) For the purposes of this Section and Section 7-145.2,
18the terms "elected county officer" and "elected county office"
19include, but are not limited to: (1) the county clerk,
20recorder, treasurer, coroner, assessor (if elected), auditor,
21sheriff, and State's Attorney; members of the county board;
22and the clerk of the circuit court; and (2) a person who has
23been appointed to fill a vacancy in an office that is normally
24filled by election on a countywide basis, for the duration of
25his or her service in that office. The terms "elected county
26officer" and "elected county office" do not include any

 

 

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1officer or office of a county that has not consented to the
2availability of benefits under this Section and Section
37-145.2.
4    (g) For the purposes of this Section and Section 7-145.2,
5the term "salary" means the final rate of earnings for the
6elected county office held, calculated in a manner consistent
7with Section 7-116, but for that office only. If an elected
8county officer qualifies to have the formula in subsection (b)
9applied to service in more than one elected county office, a
10separate salary shall be calculated and applied with respect
11to each such office.
12    (h) The changes to this Section made by this amendatory
13Act of the 91st General Assembly apply to persons who first
14make an additional optional contribution under this Section on
15or after the effective date of this amendatory Act.
16    (i) Any elected county officer who was entitled to receive
17a stipend from the State on or after July 1, 2009 and on or
18before June 30, 2010 may establish earnings credit for the
19amount of stipend not received, if the elected county official
20applies in writing to the fund within 6 months after the
21effective date of this amendatory Act of the 96th General
22Assembly and pays to the fund an amount equal to (i) employee
23contributions on the amount of stipend not received, (ii)
24employer contributions determined by the Board equal to the
25employer's normal cost of the benefit on the amount of stipend
26not received, plus (iii) interest on items (i) and (ii) at the

 

 

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1actuarially assumed rate.
2(Source: P.A. 100-148, eff. 8-18-17.)
 
3    (40 ILCS 5/7-146)  (from Ch. 108 1/2, par. 7-146)
4    Sec. 7-146. Temporary disability benefits; eligibility
5benefits - Eligibility. Temporary disability benefits shall be
6payable to participating employees as hereinafter provided.
7    (a) The participating employee shall be considered
8temporarily disabled if:
9        1. He is unable to perform the duties of any position
10    which might reasonably be assigned to him by his employing
11    municipality or instrumentality thereof or participating
12    instrumentality due to mental or physical disability
13    caused by bodily injury or disease, other than as a result
14    of self-inflicted injury or addiction to narcotic drugs;
15        2. The Board has received written certifications from
16    at least one health care professional licensed and
17    practicing physician and the governing body of the
18    employing municipality or instrumentality thereof or
19    participating instrumentality stating that the employee
20    meets the conditions set forth in subparagraph 1 of this
21    paragraph (a).
22    (b) A temporary disability benefit shall be payable to a
23temporarily disabled employee provided:
24        1. He:
25            (i) has at least one year of service immediately

 

 

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

 

 

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1    for purposes of determining the number of consecutive
2    months of employment under this subdivision (b)1.
3        2. He has been temporarily disabled for at least 30
4    days, except where a former temporary or permanent and
5    total disability has reoccurred within 6 months after the
6    employee has returned to service.
7        3. He is receiving no earnings from a participating
8    municipality or instrumentality thereof or participating
9    instrumentality, except as allowed under subsection (f) of
10    Section 7-152.
11        4. He has not refused to submit to a reasonable
12    physical examination by a health care professional
13    physician appointed by the Board.
14        5. His disability is not the result of a mental or
15    physical condition which existed on the earliest date of
16    service from which he has uninterrupted service, including
17    prior service, at the date of his disability, provided
18    that this limitation is not applicable if the date of
19    disability is after December 31, 2001, nor is it
20    applicable to a participating employee who: (i) on the
21    date of disability has 5 years of creditable service,
22    exclusive of creditable service for periods of disability;
23    or (ii) received no medical treatment for the condition
24    for the 3 years immediately prior to such earliest date of
25    service.
26        6. He is not separated from the service of the

 

 

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1    participating municipality or instrumentality thereof or
2    participating instrumentality which employed him on the
3    date his temporary disability was incurred; for the
4    purposes of payment of temporary disability benefits, a
5    participating employee, whose employment relationship is
6    terminated by his employing municipality, shall be deemed
7    not to be separated from the service of his employing
8    municipality or participating instrumentality if he
9    continues disabled by the same condition and so long as he
10    is otherwise entitled to such disability benefit.
11        7. He has not failed or refused to consent to and sign
12    an authorization allowing the Board to receive copies of
13    or to examine his medical and hospital records.
14        8. He has not failed or refused to provide complete
15    information regarding any other employment for
16    compensation he has received since becoming disabled.
17(Source: P.A. 101-151, eff. 7-26-19.)
 
18    (40 ILCS 5/7-149)  (from Ch. 108 1/2, par. 7-149)
19    Sec. 7-149. Temporary disability benefits; periodic
20benefits-Periodic checks.
21    The Board shall conduct periodic checks to determine if
22any participating employee is disabled. Such checks may
23consist of periodic examinations by one or more health care
24professionals a physician or physicians appointed by the
25Board, requiring the employee to submit evidence of continuing

 

 

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1disability and such other investigations as the Board may deem
2appropriate. The following shall constitute prima facie
3prima-facie evidence of termination of temporary disability:
4    (a) A written report by a health care professional
5physician appointed by the Board stating that the temporary
6disability has ceased;
7    (b) The earning of compensation by the employee from any
8source for personal services, in excess of 25% of the monthly
9rate of earnings upon which his disability benefits are based.
10(Source: Laws 1965, p. 1086.)
 
11    (40 ILCS 5/7-150)  (from Ch. 108 1/2, par. 7-150)
12    Sec. 7-150. Total and permanent disability benefits;
13eligibility benefits - Eligibility. Total and permanent
14disability benefits shall be payable to participating
15employees as hereinafter provided, including those employees
16receiving disability benefit on July 1, 1962.
17    (a) A participating employee shall be considered totally
18and permanently disabled if:
19        1. He is unable to engage in any gainful activity
20    because of any medically determinable physical or mental
21    impairment which can be expected to result in death or be
22    of a long continued and indefinite duration, other than as
23    a result of self-inflicted injury or addiction to narcotic
24    drugs;
25        2. The Board has received a written certification by

 

 

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1    at least one health care professional 1 licensed and
2    practicing physician stating that the employee meets the
3    qualifications of subparagraph 1 of this paragraph (a).
4    (b) A totally and permanently disabled employee is
5entitled to a permanent disability benefit provided:
6        1. He has exhausted his temporary disability benefits.
7        2. He:
8            (i) has at least one year of service immediately
9        preceding the date the disability was incurred and has
10        made contributions to the fund for at least the number
11        of months of service normally required in his position
12        during a 12 month period, or has at least 5 years of
13        service credit, the last year of which immediately
14        preceded the date the disability was incurred; or
15            (ii) had qualified under clause (i) above, but had
16        an interruption in service of not more than 3 months in
17        the 12 months preceding the date the temporary
18        disability was incurred and was not paid a separation
19        benefit; or
20            (iii) had qualified under clause (i) above, but
21        had an interruption after 20 or more years of
22        creditable service, was not paid a separation benefit,
23        and returned to service prior to the date the
24        disability was incurred.
25        Item (iii) of this subdivision shall apply to all
26    employees whose disabilities were incurred on or after

 

 

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1    July 1, 1985, and any such employee who becomes eligible
2    for a disability benefit under item (iii) shall be
3    entitled to receive a lump sum payment of any accumulated
4    disability benefits which may accrue from the date the
5    disability was incurred until the effective date of this
6    amendatory Act of 1987.
7        Periods of qualified leave granted in compliance with
8    the federal Family and Medical Leave Act shall be ignored
9    for purposes of determining the number of consecutive
10    months of employment under this subdivision (b)2.
11        3. He is receiving no earnings from a participating
12    municipality or instrumentality thereof or participating
13    instrumentality, except as allowed under subsection (f) of
14    Section 7-152.
15        4. He has not refused to submit to a reasonable
16    physical examination by a health care professional
17    physician appointed by the Board.
18        5. His disability is not the result of a mental or
19    physical condition which existed on the earliest date of
20    service from which he has uninterrupted service, including
21    prior service, at the date of his disability, provided
22    that this limitation shall not be applicable to a
23    participating employee who, without receiving a disability
24    benefit, receives 5 years of creditable service.
25        6. He is not separated from the service of his
26    employing participating municipality or instrumentality

 

 

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1    thereof or participating instrumentality on the date his
2    temporary disability was incurred; for the purposes of
3    payment of total and permanent disability benefits, a
4    participating employee, whose employment relationship is
5    terminated by his employing municipality, shall be deemed
6    not to be separated from the service of his employing
7    municipality or participating instrumentality if he
8    continues disabled by the same condition and so long as he
9    is otherwise entitled to such disability benefit.
10        7. He has not refused to apply for a disability
11    benefit under the Federal Social Security Act at the
12    request of the Board.
13        8. He has not failed or refused to consent to and sign
14    an authorization allowing the Board to receive copies of
15    or to examine his medical and hospital records.
16        9. He has not failed or refused to provide complete
17    information regarding any other employment for
18    compensation he has received since becoming disabled.
19    (c) A participating employee shall remain eligible and may
20make application for a total and permanent disability benefit
21within 90 days after the termination of his temporary
22disability benefits or within such longer period terminating
23at the end of the period during which his employing
24municipality is prevented from employing him by reason of any
25statutory prohibition.
26(Source: P.A. 101-151, eff. 7-26-19.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.