Full Text of HB5558 95th General Assembly
HB5558 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5558
Introduced , by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/11-156 |
from Ch. 108 1/2, par. 11-156 |
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Amends the Chicago Laborer Article of the Illinois Pension Code. Provides that ordinary disability benefits are not payable for any time that is more than one year prior to the date of application for the benefit. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB5558 |
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LRB095 19092 AMC 45294 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 11-156 as follows:
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| (40 ILCS 5/11-156) (from Ch. 108 1/2, par. 11-156)
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| Sec. 11-156. Ordinary disability benefit. An employee, | 8 |
| while under
age 65 and prior to January 1, 1979, or while under | 9 |
| age 70 and after
January 1, 1979, who becomes disabled after | 10 |
| the effective date as the result of
any cause other than injury | 11 |
| incurred in the performance of any act or
acts of duty, shall | 12 |
| be entitled to ordinary disability benefit during such
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| disability, after the first 30 days thereof.
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| If application for ordinary disability benefit is not filed | 15 |
| with the
Retirement Board within one year from the date the | 16 |
| disability applicant
became disabled or last received salary, | 17 |
| if salary was continued during the
period of disablement, no | 18 |
| ordinary disability benefit shall begin to accrue for any
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| period of time more than one year prior to the date on
which | 20 |
| the application
for that disability benefit is received by the | 21 |
| Board.
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| The disability benefit prescribed herein shall cease when | 23 |
| the first of
the following dates shall occur and the employee, |
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HB5558 |
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LRB095 19092 AMC 45294 b |
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| if still disabled, shall
thereafter be entitled to such annuity | 2 |
| as is otherwise provided in this
Article:
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| (a) the date disability ceases.
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| (b) the date the disabled employee attains age 65 for | 5 |
| disability
commencing prior to January 1, 1979.
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| (c) the date the disabled employee attains 65 for | 7 |
| disability commencing
prior to attainment of age 60 in the | 8 |
| service and after January 1, 1979.
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| (d) the date the disabled employee attains the age of 70 | 10 |
| for disability
commencing after attainment of age 60 in the | 11 |
| service and after January 1, 1979.
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| (e) the date the payments of the benefit shall exceed in | 13 |
| the aggregate,
throughout the employee's service, a period | 14 |
| equal to 1/4 of the total service
rendered prior to the date of | 15 |
| disability but in no event more than 5 years.
In computing such | 16 |
| total the following periods shall be excluded:
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| (i) Any period during which the employee received | 18 |
| ordinary disability
benefit;
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| (ii) Any period of absence from duty, whether caused by | 20 |
| layoff, leave
of absence or suspension of employment, or | 21 |
| any other reason, unless the
board, upon satisfactory | 22 |
| evidence, finds that the disability resulted
from a cause | 23 |
| which existed or occurred prior to such period of absence.
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| No employee who becomes disabled and whose disability | 25 |
| begins during
absence from duty (other than while on | 26 |
| vacation with pay) shall have any
right to ordinary |
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HB5558 |
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LRB095 19092 AMC 45294 b |
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| disability benefit, except as herein provided, until
he | 2 |
| recovers from such disability and performs the duties of | 3 |
| his position
in the service for at least 15 consecutive | 4 |
| days, Sundays and holidays
excepted, after such recovery.
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| The first payment shall be made not later than one month | 6 |
| after the
benefit is granted and each subsequent payment shall | 7 |
| be made not later
than one month after the last preceding | 8 |
| payment.
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| Ordinary disability benefit shall be 50% of the employee's | 10 |
| salary at
the date of disability.
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| For ordinary disability benefits paid before January 1, | 12 |
| 2001, before any
payment, an amount equal to the sum ordinarily | 13 |
| deducted from salary
for all annuity purposes for such period | 14 |
| for which the ordinary disability
benefit is made shall be | 15 |
| deducted from such payment and credited to the
employee as a | 16 |
| deduction from salary for that period. The
sums so deducted | 17 |
| shall be
regarded, for annuity and refund purposes, as an | 18 |
| amount contributed by him.
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| For ordinary disability benefits paid on or after January | 20 |
| 1, 2001, the fund
shall credit sums equal to the amounts | 21 |
| ordinarily contributed by an employee
for annuity purposes for | 22 |
| any period during which the employee receives ordinary
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| disability, and those sums shall be deemed for annuity purposes | 24 |
| and purposes of
Section 11-169 as amounts contributed by the | 25 |
| employee. These amounts credited
for annuity purposes shall not | 26 |
| be credited for refund purposes.
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HB5558 |
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LRB095 19092 AMC 45294 b |
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| Any employee whose ordinary disability benefit was | 2 |
| terminated after
January 1, 1979 by reason of his attainment of | 3 |
| age 65 and who continues
disabled after age 65 may elect before | 4 |
| July 1, 1986 to have such benefits
resumed beginning at the | 5 |
| time of such termination and continuing until
termination is | 6 |
| required under this Section as amended by this amendatory Act
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| of 1985. The amount payable to any employee for such resumed | 8 |
| benefit for
any period shall be reduced by the amount of any | 9 |
| retirement annuity paid to
such employee under this Article for | 10 |
| the same period of time or by refund
paid in lieu of annuity.
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| (Source: P.A. 92-599, eff. 6-28-02.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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