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Public Act 101-0151


 

Public Act 0151 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0151
 
HB3446 EnrolledLRB101 09924 RPS 55026 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Sections 7-146 and 7-150 as follows:
 
    (40 ILCS 5/7-146)  (from Ch. 108 1/2, par. 7-146)
    Sec. 7-146. Temporary disability benefits - Eligibility.
Temporary disability benefits shall be payable to
participating employees as hereinafter provided.
    (a) The participating employee shall be considered
temporarily disabled if:
        1. He is unable to perform the duties of any position
    which might reasonably be assigned to him by his employing
    municipality or instrumentality thereof or participating
    instrumentality due to mental or physical disability
    caused by bodily injury or disease, other than as a result
    of self-inflicted injury or addiction to narcotic drugs;
        2. The Board has received written certifications from
    at least one licensed and practicing physician and the
    governing body of the employing municipality or
    instrumentality thereof or participating instrumentality
    stating that the employee meets the conditions set forth in
    subparagraph 1 of this paragraph (a).
    (b) A temporary disability benefit shall be payable to a
temporarily disabled employee provided:
        1. He:
            (i) has at least one year of service immediately
        preceding the date the temporary disability was
        incurred and has made contributions to the fund for at
        least the number of months of service normally required
        in his position during a 12-month period, or has at
        least 5 years of service credit, the last year of which
        immediately precedes such date; or
            (ii) had qualified under clause (i) above, but had
        an interruption in service with the same participating
        municipality or participating instrumentality of not
        more than 3 months in the 12 months preceding the date
        the temporary disability was incurred and was not paid
        a separation benefit; or
            (iii) had qualified under clause (i) above, but had
        an interruption after 20 or more years of creditable
        service, was not paid a separation benefit, and
        returned to service prior to the date the disability
        was incurred.
        Item (iii) of this subdivision shall apply to all
    employees whose disabilities were incurred on or after July
    1, 1985, and any such employee who becomes eligible for a
    disability benefit under item (iii) shall be entitled to
    receive a lump sum payment of any accumulated disability
    benefits which may accrue from the date the disability was
    incurred until the effective date of this amendatory Act of
    1987.
        Periods of qualified leave granted in compliance with
    the federal Family and Medical Leave Act shall be ignored
    for purposes of determining the number of consecutive
    months of employment under this subdivision (b)1.
        2. He has been temporarily disabled for at least 30
    days, except where a former temporary or permanent and
    total disability has reoccurred within 6 months after the
    employee has returned to service.
        3. He is receiving no earnings from a participating
    municipality or instrumentality thereof or participating
    instrumentality, except as allowed under subsection (f) of
    Section 7-152.
        4. He has not refused to submit to a reasonable
    physical examination by a physician appointed by the Board.
        5. His disability is not the result of a mental or
    physical condition which existed on the earliest date of
    service from which he has uninterrupted service, including
    prior service, at the date of his disability, provided that
    this limitation is not applicable if the date of disability
    is after December 31, 2001, nor is it applicable to a
    participating employee who: (i) on the date of disability
    has 5 years of creditable service, exclusive of creditable
    service for periods of disability; or (ii) received no
    medical treatment for the condition for the 3 years
    immediately prior to such earliest date of service.
        6. He is not separated from the service of the
    participating municipality or instrumentality thereof or
    participating instrumentality which employed him on the
    date his temporary disability was incurred; for the
    purposes of payment of temporary disability benefits, a
    participating employee, whose employment relationship is
    terminated by his employing municipality, shall be deemed
    not to be separated from the service of his employing
    municipality or participating instrumentality if he
    continues disabled by the same condition and so long as he
    is otherwise entitled to such disability benefit.
        7. He has not failed or refused to consent to and sign
    an authorization allowing the Board to receive copies of or
    to examine his medical and hospital records.
        8. He has not failed or refused to provide complete
    information regarding any other employment for
    compensation he has received since becoming disabled.
(Source: P.A. 97-415, eff. 8-16-11; 98-218, eff. 8-9-13.)
 
    (40 ILCS 5/7-150)  (from Ch. 108 1/2, par. 7-150)
    Sec. 7-150. Total and permanent disability benefits -
Eligibility. Total and permanent disability benefits shall be
payable to participating employees as hereinafter provided,
including those employees receiving disability benefit on July
1, 1962.
    (a) A participating employee shall be considered totally
and permanently disabled if:
        1. He is unable to engage in any gainful activity
    because of any medically determinable physical or mental
    impairment which can be expected to result in death or be
    of a long continued and indefinite duration, other than as
    a result of self-inflicted injury or addiction to narcotic
    drugs;
        2. The Board has received a written certification by at
    least 1 licensed and practicing physician stating that the
    employee meets the qualifications of subparagraph 1 of this
    paragraph (a).
    (b) A totally and permanently disabled employee is entitled
to a permanent disability benefit provided:
        1. He has exhausted his temporary disability benefits.
        2. He:
            (i) has at least one year of service immediately
        preceding the date the disability was incurred and has
        made contributions to the fund for at least the number
        of months of service normally required in his position
        during a 12 month period, or has at least 5 years of
        service credit, the last year of which immediately
        preceded the date the disability was incurred; or
            (ii) had qualified under clause (i) above, but had
        an interruption in service with the same participating
        municipality or participating instrumentality of not
        more than 3 months in the 12 months preceding the date
        the temporary disability was incurred and was not paid
        a separation benefit; or
            (iii) had qualified under clause (i) above, but had
        an interruption after 20 or more years of creditable
        service, was not paid a separation benefit, and
        returned to service prior to the date the disability
        was incurred.
        Item (iii) of this subdivision shall apply to all
    employees whose disabilities were incurred on or after July
    1, 1985, and any such employee who becomes eligible for a
    disability benefit under item (iii) shall be entitled to
    receive a lump sum payment of any accumulated disability
    benefits which may accrue from the date the disability was
    incurred until the effective date of this amendatory Act of
    1987.
        Periods of qualified leave granted in compliance with
    the federal Family and Medical Leave Act shall be ignored
    for purposes of determining the number of consecutive
    months of employment under this subdivision (b)2.
        3. He is receiving no earnings from a participating
    municipality or instrumentality thereof or participating
    instrumentality, except as allowed under subsection (f) of
    Section 7-152.
        4. He has not refused to submit to a reasonable
    physical examination by a physician appointed by the Board.
        5. His disability is not the result of a mental or
    physical condition which existed on the earliest date of
    service from which he has uninterrupted service, including
    prior service, at the date of his disability, provided that
    this limitation shall not be applicable to a participating
    employee who, without receiving a disability benefit,
    receives 5 years of creditable service.
        6. He is not separated from the service of his
    employing participating municipality or instrumentality
    thereof or participating instrumentality on the date his
    temporary disability was incurred; for the purposes of
    payment of total and permanent disability benefits, a
    participating employee, whose employment relationship is
    terminated by his employing municipality, shall be deemed
    not to be separated from the service of his employing
    municipality or participating instrumentality if he
    continues disabled by the same condition and so long as he
    is otherwise entitled to such disability benefit.
        7. He has not refused to apply for a disability benefit
    under the Federal Social Security Act at the request of the
    Board.
        8. He has not failed or refused to consent to and sign
    an authorization allowing the Board to receive copies of or
    to examine his medical and hospital records.
        9. He has not failed or refused to provide complete
    information regarding any other employment for
    compensation he has received since becoming disabled.
    (c) A participating employee shall remain eligible and may
make application for a total and permanent disability benefit
within 90 days after the termination of his temporary
disability benefits or within such longer period terminating at
the end of the period during which his employing municipality
is prevented from employing him by reason of any statutory
prohibition.
(Source: P.A. 97-415, eff. 8-16-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/26/2019