Illinois Compiled Statutes
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40 ILCS 5/14-123.1
(40 ILCS 5/14-123.1)
(from Ch. 108 1/2, par. 14-123.1)
Temporary disability benefit.
(a) A member who has at least 18 months of creditable service and who
becomes physically or mentally incapacitated to perform the duties of his
position shall receive a temporary disability benefit, provided that:
(1) the agency responsible for determining the
liability of the State (i) has formally denied all employer-paid temporary total disability benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act and an appeal of that denial is pending before the Illinois Workers' Compensation Commission, or (ii) has granted and then terminated for any reason an employer-paid temporary total disability benefit and the member has filed a petition for a hearing under Section 19(b) or Section 19(b-1) of the Workers' Compensation Act or Section 19(b) or Section 19(b-1) of the Workers' Occupational Diseases Act;
(2) application is made after the date that the
disability results in loss of pay, and after the date the agency responsible for determining the liability of the State under the Workers' Compensation Act or Workers' Occupational Diseases Act has formally denied or terminated the employer-paid temporary total disability benefit; and
(3) proper proof is received from one or more
licensed health care professionals designated by the Board certifying that the member is mentally or physically incapacitated.
(b) In the case of a denial of benefits,
the temporary disability benefit shall begin to accrue on the 31st
day of absence from work on account of disability, but the benefit shall
not become actually payable to the member until the expiration of 31
days from the day upon which the member last received or had a
right to receive any compensation.
In the case of termination of an employer-paid temporary total disability
benefit, the temporary disability benefit under this Section shall be
calculated from the day following the date of termination of the employer-paid
benefit or the 31st day of absence from work on account of disability,
whichever is later, but shall not become payable to the member until (i) the
member's right to an employer-paid temporary total disability benefit is denied
as a result of the hearing held under Section 19(b) or Section 19(b-1) of the Workers'
Compensation Act or Section 19(b) or Section 19(b-1) of the Workers' Occupational Diseases Act
or (ii) the expiration of 30 days from the date of termination of the
employer-paid benefit, whichever occurs first. If a terminated employer-paid
temporary total disability benefit is resumed or replaced with another
employer-paid disability benefit and the resumed or replacement benefit is
later terminated and the member again files a petition for a hearing
under Section 19(b) or Section 19(b-1) of the Workers' Compensation Act or Section 19(b) or Section 19(b-1) of
the Workers' Occupational Diseases Act, the member may again become eligible to
receive a temporary disability benefit under this Section. The waiting period
before the temporary disability benefit under this Section becomes payable
applies each time that the benefit is reinstated.
The benefit shall continue to accrue until the first of the following events
(1) the disability ceases;
(2) the member engages in gainful employment;
(3) the end of the month in which the member attains
age 65, in the case of benefits commencing prior to attainment of age 60;
(4) the end of the month following the fifth
anniversary of the effective date of the benefit in the case of benefits commencing on or after attainment of age 60;
(5) the end of the month in which the death of the
(6) the end of the month in which the aggregate
period for which temporary disability payments have been made becomes equal to 1/2 of the member's total period of creditable service, not including the time for which he has received a temporary disability benefit or nonoccupational disability benefit; for purposes of this item (6) only, in the case of a member to whom Section 14-108.2a or 14-108.2b applies and who, at the time disability commences, is performing services for the Illinois Department of Public Health or the Illinois State Police relating to the transferred functions referred to in that Section and has less than 10 years of creditable service under this Article, the member's "total period of creditable service" shall be augmented by an amount equal to (i) one half of the member's period of creditable service in the Fund established under Article 8 (excluding any creditable service over 20 years), minus (ii) the amount of the member's creditable service under this Article;
(7) a payment is made on the member's claim pursuant
to a determination made by the agency responsible for determining the liability of the State under the Workers' Compensation Act or the Workers' Occupational Diseases Act;
(8) a final determination is made on the member's
claim by the Illinois Workers' Compensation Commission.
(c) The temporary disability benefit shall be 50% of the member's final
average compensation at the date of disability.
If a covered employee is eligible under the Social Security Act for a
disability benefit before attaining the Social Security full retirement age, or a retirement benefit on or
after attaining the Social Security full retirement age, then the amount of the member's temporary
disability benefit shall be reduced by the amount of primary benefit the
member is eligible to receive under the Social Security Act, whether or not
such eligibility came about as the result of service as a covered employee
under this Article. The Board may make such reduction pending a
determination of eligibility if it appears that the employee may be so
eligible, and shall make an appropriate adjustment if necessary after such
determination has been made. The amount of temporary disability benefit
payable under this Article shall not be reduced by reason of any increase
in benefits payable under the Social Security Act which occurs after the
reduction required by this paragraph has been applied. As used in this subsection, "Social Security full retirement age" means the age at which an individual is eligible to receive full Social Security retirement benefits.
(d) The temporary disability benefit provided under this Section is
intended as a temporary payment of occupational or nonoccupational
disability benefit, whichever is appropriate, in cases in which the
occupational or nonoccupational character of the disability has not been
When an employer-paid disability benefit is paid or resumed, the Board
shall calculate the benefit that is payable under Section 14-123 and shall
deduct from the benefit payable under Section 14-123 the amounts already paid
under this Section; those amounts shall then be treated as if they had been
paid under Section 14-123.
When a final determination of the character of the
disability has been made by the Illinois Workers' Compensation Commission, or by
settlement between the parties to the disputed claim, the Board shall
calculate the benefit that is payable under Section 14-123 or 14-124,
whichever is applicable, and shall deduct from such benefit the amounts
already paid under this Section; such amounts shall then be treated as if
they had been paid under such Section 14-123 or 14-124.
(e) Any excess benefits paid under this Section shall be subject to recovery
by the System from benefits payable under the Workers' Compensation Act or the
Workers' Occupational Diseases Act or from third parties as provided in Section
14-129, or from any other benefits payable either to the member or on his
behalf under this Article. A member who accepts benefits under this Section
acknowledges and authorizes these recovery rights of the System.
(f) Service credits under the State Universities Retirement System and
the Teachers' Retirement System of the State of Illinois shall be
considered for the purposes of determining temporary disability benefit
eligibility under this Section, and for determining the total period of
time for which such benefits are payable.
(g) The Board shall prescribe rules and regulations governing the filing
of claims for temporary disability benefits, and the investigation, control
and supervision of such claims.
(h) References in this Section to employer-paid benefits include benefits
paid for by the State, either directly or through a program of insurance or
self-insurance, whether paid through the member's own department or through
some other department or entity; but the term does not include benefits paid by
the System under this Article.
(Source: P.A. 101-54, eff. 7-12-19; 102-538, eff. 8-20-21.)