SB1115 EnrolledLRB103 05946 RPS 50968 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
5changing Sections 15-150, 15-153, 15-153.2, and 15-198 as
6follows:
 
7    (40 ILCS 5/15-150)  (from Ch. 108 1/2, par. 15-150)
8    Sec. 15-150. Disability benefits; eligibility benefits -
9Eligibility. A participant may be granted a disability benefit
10if: (1) while a participating employee, he or she becomes
11physically or mentally incapacitated and unable to perform the
12duties of his or her assigned position for any period
13exceeding 60 days; and (2) the employee had completed 2 years
14of service at the time of disability, unless the disability is
15a result of an accident or the employee is a police officer who
16qualifies for the calculation under subsection (b) of Section
1715-153.
18    An employee shall be considered disabled only during the
19period for which the board determines, based upon the evidence
20listed below, that the employee is unable to reasonably
21perform the duties of his or her assigned position as a result
22of a physical or mental disability. This determination shall
23be based upon:

 

 

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1        (i) a written certificate from one or more licensed
2    and practicing physicians appointed by or acceptable to
3    the board, stating that the employee is disabled and
4    unable to reasonably perform the duties of his or her
5    assigned position;
6        (ii) a written certificate from the employer stating
7    that the employee is unable to perform the duties of his or
8    her assigned position and, if the employee is a police
9    officer, the employer's position on whether the disability
10    qualifies as a line of duty disability; and
11        (iii) any other medical examinations, hospital
12    records, laboratory results, or other information
13    necessary for determining the employment capacity and
14    condition of the employee; and .
15        (iv) if the employee is a police officer applying for
16    a line of duty disability, a written certification from
17    one or more licensed and practicing physicians appointed
18    by or acceptable to the board, stating that the disability
19    qualifies as a line of duty disability under subsection
20    (b) of Section 15-153.
21    The board shall prescribe rules governing the filing,
22investigation, control, and supervision of disability claims.
23Costs incurred by a claimant in connection with completing a
24claim for disability benefits shall be paid (A) by the
25claimant, in the case of the one required medical examination,
26medical certificate, and employer's certificate and any other

 

 

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1requirements generally imposed by the board on all disability
2benefit claimants; and (B) by the System, in the case of any
3additional medical examination or other additional requirement
4imposed on a particular claimant that is not imposed generally
5on all disability benefit claimants.
6    Pregnancy and childbirth shall be considered a disability.
7    The same application shall be used to determine
8eligibility for the calculation of disability benefits under
9subsection (a) or subsection (b) of Section 15-153.
10(Source: P.A. 90-766, eff. 8-14-98.)
 
11    (40 ILCS 5/15-153)  (from Ch. 108 1/2, par. 15-153)
12    Sec. 15-153. Disability benefits; amount benefits -
13Amount.
14    (a) Except as provided in subsection (b), the The
15disability benefit shall be the greater of (1) 50% of the basic
16compensation which would have been paid had the participant
17continued in service for the entire period during which
18disability benefits are payable, excluding wage or salary
19increases subsequent to the date of disability or extra
20prospective earnings on a summer teaching contract or other
21extra service not yet entered upon or (2) 50% of the
22participant's average earnings during the 24 months
23immediately preceding the month in which disability occurs. In
24determining the disability benefit, the basic compensation of
25a participating employee on leave of absence or on lay-off

 

 

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1status shall be assumed to be equal to his or her basic
2compensation on the date the leave of absence or lay-off
3begins.
4    (b) In lieu of the amount of the disability benefit
5otherwise provided for in subsection (a) of this Section, for
6a participant who is employed as a police officer and who
7incurs a line of duty disability, the disability benefit under
8this Section shall be the greater of: (1) 65% of the basic
9compensation that would have been paid had the participant
10continued in employment for the entire period during which
11disability benefits are payable, excluding wage or salary
12increases subsequent to the date of disability; or (2) 65% of
13the participant's average earnings during the 24 months
14immediately preceding the month in which disability occurs. In
15determining the disability benefit, the basic compensation of
16a participating employee on leave of absence or on lay-off
17status shall be assumed to be equal to his or her basic
18compensation on the date the leave of absence or lay-off
19begins.
20    Any police officer who suffers a heart attack or stroke as
21a result of the performance and discharge of police duty shall
22be considered to have been injured in the performance of an act
23of duty and shall be eligible for the calculation of benefits
24provided for under this subsection (b).
25    A police officer shall be considered to be in the
26performance of an act of duty while on any assignment approved

 

 

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1by the police officer's chief, whether the assignment is on or
2off the employer's property.
3    The changes made to this Section shall apply to
4participants whose line of duty disability occurred on or
5after January 1, 2022.
6    For the purposes of this Section, "line of duty
7disability" means that, as the result of sickness, accident,
8or injury incurred in or resulting from the performance of an
9act of duty, the police officer is found to be physically or
10mentally disabled for employment as a police officer so as to
11render necessary his or her suspension or retirement from
12employment as a police officer or is found to be unable to
13perform his or her duties as a police officer by reason of
14heart disease, stroke, tuberculosis, or any disease of the
15lungs or respiratory tract, resulting from employment as a
16police officer.
17    If the disability benefit is 50% of basic compensation
18under subsection (a) or 65% of basic compensation under
19subsection (b), payments during the academic year shall accrue
20over the period that the basic compensation would have been
21paid had the participant continued in service. If the
22disability benefit is 50% under subsection (a) or 65% under
23subsection (b) of the average earnings of the participant
24during the 24 months immediately preceding the month in which
25disability occurs, payments during the year shall accrue over
26a period of 12 months. Disability benefits shall be paid as of

 

 

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1the end of each calendar month during which payments accrue.
2Payments for fractional parts of a month shall be determined
3by prorating the total amount payable for the full month on the
4basis of days elapsing during the month. Any disability
5benefit accrued but unpaid on the death of a participant shall
6be paid to the participant's beneficiary.
7(Source: P.A. 93-347, eff. 7-24-03.)
 
8    (40 ILCS 5/15-153.2)  (from Ch. 108 1/2, par. 15-153.2)
9    Sec. 15-153.2. Disability retirement annuity.
10    (a) This subsection (a) applies to a participant receiving
11benefits calculated under subsection (a) of Section 15-153. A
12participant whose disability benefits are discontinued under
13the provisions of clause (6) of Section 15-152 and who is not a
14participant in the optional retirement plan established under
15Section 15-158.2 is entitled to a disability retirement
16annuity of 35% of the basic compensation which was payable to
17the participant at the time that disability began, provided
18that the board determines that the participant has a medically
19determinable physical or mental impairment that prevents him
20or her from engaging in any substantial gainful activity, and
21which can be expected to result in death or which has lasted or
22can be expected to last for a continuous period of not less
23than 12 months.
24    (b) This subsection (b) applies to a participant receiving
25benefits calculated under subsection (b) of Section 15-153. A

 

 

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1participant whose disability benefits are discontinued under
2clause (6) of Section 15-152 and who is not a participant in
3the optional retirement plan established under Section
415-158.2 is entitled to a disability retirement annuity of 65%
5of the basic compensation that was payable to the participant
6at the time that disability began, provided that the board
7determines that the participant has a medically determinable
8physical or mental impairment that prevents him or her from
9engaging in any substantial gainful activity and can be
10expected to result in death or has lasted or can be expected to
11last for a continuous period of not less than 12 months.
12    (c) The board's determination of whether a participant is
13disabled shall be based upon:
14        (i) a written certificate from one or more licensed
15    and practicing physicians appointed by or acceptable to
16    the board, stating that the participant is unable to
17    engage in any substantial gainful activity; and
18        (ii) any other medical examinations, hospital records,
19    laboratory results, or other information necessary for
20    determining the employment capacity and condition of the
21    participant.
22    The terms "medically determinable physical or mental
23impairment" and "substantial gainful activity" shall have the
24meanings ascribed to them in the federal Social Security Act,
25as now or hereafter amended, and the regulations issued
26thereunder.

 

 

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1    (d) The disability retirement annuity payment period shall
2begin immediately following the expiration of the disability
3benefit payments under clause (6) of Section 15-152 and shall
4be discontinued for a recipient of a disability retirement
5annuity when (1) the physical or mental impairment no longer
6prevents the recipient from engaging in any substantial
7gainful activity, (2) the recipient dies, (3) the recipient
8elects to receive a retirement annuity under Sections 15-135
9and 15-136, (4) the recipient refuses to submit to a
10reasonable physical examination by a physician approved by the
11board, or (5) the recipient fails to provide an earnings
12verification necessary to determine continuance of benefits.
13If a person's disability retirement annuity is discontinued
14under clause (1), all rights and credits accrued in the system
15on the date that the disability retirement annuity began shall
16be restored, and the disability retirement annuity paid shall
17be considered as disability payments under clause (6) of
18Section 15-152.
19    (e) The board shall adopt rules governing the filing,
20investigation, control, and supervision of disability
21retirement annuity claims. Costs incurred by a claimant in
22connection with completing a claim for a disability retirement
23annuity shall be paid: (A) by the claimant in the case of the
24one required medical examination, medical certificate, and any
25other requirements generally imposed by the board on all
26disability retirement annuity claimants; and (B) by the System

 

 

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1in the case of any additional medical examination or other
2additional requirement imposed on a particular claimant that
3is not imposed generally on all disability retirement annuity
4claimants.
5(Source: P.A. 100-556, eff. 12-8-17.)
 
6    (40 ILCS 5/15-198)
7    Sec. 15-198. Application and expiration of new benefit
8increases.
9    (a) As used in this Section, "new benefit increase" means
10an increase in the amount of any benefit provided under this
11Article, or an expansion of the conditions of eligibility for
12any benefit under this Article, that results from an amendment
13to this Code that takes effect after June 1, 2005 (the
14effective date of Public Act 94-4). "New benefit increase",
15however, does not include any benefit increase resulting from
16the changes made to Article 1 or this Article by Public Act
17100-23, Public Act 100-587, Public Act 100-769, Public Act
18101-10, Public Act 101-610, Public Act 102-16, or this
19amendatory Act of the 103rd General Assembly this amendatory
20Act of the 102nd General Assembly.
21    (b) Notwithstanding any other provision of this Code or
22any subsequent amendment to this Code, every new benefit
23increase is subject to this Section and shall be deemed to be
24granted only in conformance with and contingent upon
25compliance with the provisions of this Section.

 

 

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1    (c) The Public Act enacting a new benefit increase must
2identify and provide for payment to the System of additional
3funding at least sufficient to fund the resulting annual
4increase in cost to the System as it accrues.
5    Every new benefit increase is contingent upon the General
6Assembly providing the additional funding required under this
7subsection. The Commission on Government Forecasting and
8Accountability shall analyze whether adequate additional
9funding has been provided for the new benefit increase and
10shall report its analysis to the Public Pension Division of
11the Department of Insurance. A new benefit increase created by
12a Public Act that does not include the additional funding
13required under this subsection is null and void. If the Public
14Pension Division determines that the additional funding
15provided for a new benefit increase under this subsection is
16or has become inadequate, it may so certify to the Governor and
17the State Comptroller and, in the absence of corrective action
18by the General Assembly, the new benefit increase shall expire
19at the end of the fiscal year in which the certification is
20made.
21    (d) Every new benefit increase shall expire 5 years after
22its effective date or on such earlier date as may be specified
23in the language enacting the new benefit increase or provided
24under subsection (c). This does not prevent the General
25Assembly from extending or re-creating a new benefit increase
26by law.

 

 

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1    (e) Except as otherwise provided in the language creating
2the new benefit increase, a new benefit increase that expires
3under this Section continues to apply to persons who applied
4and qualified for the affected benefit while the new benefit
5increase was in effect and to the affected beneficiaries and
6alternate payees of such persons, but does not apply to any
7other person, including, without limitation, a person who
8continues in service after the expiration date and did not
9apply and qualify for the affected benefit while the new
10benefit increase was in effect.
11(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
12101-610, eff. 1-1-20; 102-16, eff. 6-17-21.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.