Bill Text: IL HB2496 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the State Employee Article of the Illinois Pension Code. Allows licensed health care professionals (rather than just physicians) to make certain disability determinations. Defines "licensed health care professional". Requires a licensed health care professional to submit his or her registration number on all reports submitted to the System. Eliminates the 12-month application deadline for certain disability benefits. Makes changes to provisions concerning when a nonoccupational disability benefit begins to accrue. Also makes changes relating to Social Security full retirement age and to hearings under certain provisions of the Workers' Compensation Act and the Workers' Occupational Diseases Act. Makes a technical change. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-05-19 - Passed Both Houses [HB2496 Detail]

Download: Illinois-2017-HB2496-Enrolled.html



HB2496 EnrolledLRB100 08022 RPS 18105 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 changing
5Sections 14-123, 14-123.1, 14-124, 14-125, and 14-127 and by
6adding Sections 14-103.41 and 14-124.5 as follows:
7 (40 ILCS 5/14-103.41 new)
8 Sec. 14-103.41. Licensed health care professional.
9"Licensed health care professional": Any individual who has
10obtained a license through the Department of Financial and
11Professional Regulation under the Medical Practice Act of 1987,
12under the Physician Assistant Practice Act of 1987, or under
13the Clinical Psychologist Licensing Act or an advanced practice
14nurse licensed under the Nurse Practice Act.
15 (40 ILCS 5/14-123) (from Ch. 108 1/2, par. 14-123)
16 Sec. 14-123. Occupational disability benefits. A member
17who becomes incapacitated to perform the duties of his position
18as the proximate result of bodily injuries sustained or a
19hazard undergone while in the performance and within the scope
20of the member's duties, shall receive an occupational
21disability benefit; provided:
22 (a) application is made within 12 months after the date

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1that such disability results in the loss of pay, or 12 months
2after the date that the Illinois Workers' Compensation
3Commission rules on the application for an occupational
4disability, or 12 months after the occurrence of disablement if
5an occupational disease; and
6 (b) proper proof is received from one or more licensed
7health care professionals physicians designated by the Board
8certifying that the member is mentally or physically
9incapacitated.
10 The benefit shall be 75% of the member's final average
11compensation at date of disability and shall be payable until
12the first of the following dates occurs:
13 (1) the date on which disability ceases;
14 (2) the date on which the member engages in gainful
15 employment;
16 (3) the end of the month in which the member attains
17 age 65, in the case of benefits commencing prior to
18 attainment of age 60;
19 (4) the end of the month following the fifth
20 anniversary of the effective date of the benefit, or of the
21 temporary disability benefit if one was received, in the
22 case of benefits commencing on or after attainment of age
23 60; or
24 (5) the end of the month in which the death of the
25 member occurs.
26 At the end of the month in which the benefits cease as

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1prescribed in paragraphs (3) or (4) above, if the member is
2still disabled, he shall become entitled to a retirement
3annuity and the minimum period of service prescribed for the
4receipt of such annuity shall be waived.
5 In the event that a temporary disability benefit has been
6received, the benefit paid under this Section shall be subject
7to adjustment by the Board under Section 14-123.1.
8 The Board shall prescribe rules and regulations governing
9the filing of claims for occupational disability benefits, and
10the investigation, control and supervision of such claims.
11(Source: P.A. 93-721, eff. 1-1-05.)
12 (40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)
13 Sec. 14-123.1. Temporary disability benefit.
14 (a) A member who has at least 18 months of creditable
15service and who becomes physically or mentally incapacitated to
16perform the duties of his position shall receive a temporary
17disability benefit, provided that:
18 (1) the agency responsible for determining the
19 liability of the State (i) has formally denied all
20 employer-paid temporary total disability benefits under
21 the Workers' Compensation Act or the Workers' Occupational
22 Diseases Act and an appeal of that denial is pending before
23 the Illinois Workers' Compensation Commission, or (ii) has
24 granted and then terminated for any reason an employer-paid
25 temporary total disability benefit and the member has filed

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1 a petition for a emergency hearing under Section 19(b) or
2 Section 19(b-1) of the Workers' Compensation Act or Section
3 19(b) or Section 19(b-1) of the Workers' Occupational
4 Diseases Act; and
5 (2) application is made not later than (i) 12 months
6 after the date that the disability results in loss of pay,
7 and (ii) 12 months after the date the agency responsible
8 for determining the liability of the State under the
9 Workers' Compensation Act or Workers' Occupational
10 Diseases Act has formally denied or terminated the
11 employer-paid temporary total disability benefit; and , or
12 (iii) in the case of termination of an employer-paid
13 temporary total disability benefit, 12 months after the
14 effective date of this amendatory Act of 1995, whichever
15 occurs last; and
16 (3) proper proof is received from one or more licensed
17 health care professionals physicians designated by the
18 Board certifying that the member is mentally or physically
19 incapacitated.
20 (b) In the case of a denial of benefits, the temporary
21disability benefit shall begin to accrue on the 31st day of
22absence from work on account of disability, but the benefit
23shall not become actually payable to the member until the
24expiration of 31 days from the day upon which the member last
25received or had a right to receive any compensation.
26 In the case of termination of an employer-paid temporary

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1total disability benefit, the temporary disability benefit
2under this Section shall be calculated from the day following
3the date of termination of the employer-paid benefit or the
431st day of absence from work on account of disability,
5whichever is later, but shall not become payable to the member
6until (i) the member's right to an employer-paid temporary
7total disability benefit is denied as a result of the emergency
8hearing held under Section 19(b) or Section 19(b-1) of the
9Workers' Compensation Act or Section 19(b) or Section 19(b-1)
10of the Workers' Occupational Diseases Act or (ii) the
11expiration of 150 days from the date of termination of the
12employer-paid benefit, whichever occurs first. If a terminated
13employer-paid temporary total disability benefit is resumed or
14replaced with another employer-paid disability benefit and the
15resumed or replacement benefit is later terminated and the
16member again files a petition for a emergency hearing under
17Section 19(b) or Section 19(b-1) of the Workers' Compensation
18Act or Section 19(b) or Section 19(b-1) of the Workers'
19Occupational Diseases Act, the member may again become eligible
20to receive a temporary disability benefit under this Section.
21The waiting period before the temporary disability benefit
22under this Section becomes payable applies each time that the
23benefit is reinstated.
24 The benefit shall continue to accrue until the first of the
25following events occurs:
26 (1) the disability ceases;

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1 (2) the member engages in gainful employment;
2 (3) the end of the month in which the member attains
3 age 65, in the case of benefits commencing prior to
4 attainment of age 60;
5 (4) the end of the month following the fifth
6 anniversary of the effective date of the benefit in the
7 case of benefits commencing on or after attainment of age
8 60;
9 (5) the end of the month in which the death of the
10 member occurs;
11 (6) the end of the month in which the aggregate period
12 for which temporary disability payments have been made
13 becomes equal to 1/2 of the member's total period of
14 creditable service, not including the time for which he has
15 received a temporary disability benefit or nonoccupational
16 disability benefit; for purposes of this item (6) only, in
17 the case of a member to whom Section 14-108.2a or 14-108.2b
18 applies and who, at the time disability commences, is
19 performing services for the Illinois Department of Public
20 Health or the Department of State Police relating to the
21 transferred functions referred to in that Section and has
22 less than 10 years of creditable service under this
23 Article, the member's "total period of creditable service"
24 shall be augmented by an amount equal to (i) one half of
25 the member's period of creditable service in the Fund
26 established under Article 8 (excluding any creditable

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1 service over 20 years), minus (ii) the amount of the
2 member's creditable service under this Article;
3 (7) a payment is made on the member's claim pursuant to
4 a determination made by the agency responsible for
5 determining the liability of the State under the Workers'
6 Compensation Act or the Workers' Occupational Diseases
7 Act;
8 (8) a final determination is made on the member's claim
9 by the Illinois Workers' Compensation Commission.
10 (c) The temporary disability benefit shall be 50% of the
11member's final average compensation at the date of disability.
12 If a covered employee is eligible under the Social Security
13Act for a disability benefit before attaining the Social
14Security full retirement age 65, or a retirement benefit on or
15after attaining the Social Security full retirement age 65,
16then the amount of the member's temporary disability benefit
17shall be reduced by the amount of primary benefit the member is
18eligible to receive under the Social Security Act, whether or
19not such eligibility came about as the result of service as a
20covered employee under this Article. The Board may make such
21reduction pending a determination of eligibility if it appears
22that the employee may be so eligible, and shall make an
23appropriate adjustment if necessary after such determination
24has been made. The amount of temporary disability benefit
25payable under this Article shall not be reduced by reason of
26any increase in benefits payable under the Social Security Act

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1which occurs after the reduction required by this paragraph has
2been applied. As used in this subsection, "Social Security full
3retirement age" means the age at which an individual is
4eligible to receive full Social Security retirement benefits.
5 (d) The temporary disability benefit provided under this
6Section is intended as a temporary payment of occupational or
7nonoccupational disability benefit, whichever is appropriate,
8in cases in which the occupational or nonoccupational character
9of the disability has not been finally determined.
10 When an employer-paid disability benefit is paid or
11resumed, the Board shall calculate the benefit that is payable
12under Section 14-123 and shall deduct from the benefit payable
13under Section 14-123 the amounts already paid under this
14Section; those amounts shall then be treated as if they had
15been paid under Section 14-123.
16 When a final determination of the character of the
17disability has been made by the Illinois Workers' Compensation
18Commission, or by settlement between the parties to the
19disputed claim, the Board shall calculate the benefit that is
20payable under Section 14-123 or 14-124, whichever is
21applicable, and shall deduct from such benefit the amounts
22already paid under this Section; such amounts shall then be
23treated as if they had been paid under such Section 14-123 or
2414-124.
25 (e) Any excess benefits paid under this Section shall be
26subject to recovery by the System from benefits payable under

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1the Workers' Compensation Act or the Workers' Occupational
2Diseases Act or from third parties as provided in Section
314-129, or from any other benefits payable either to the member
4or on his behalf under this Article. A member who accepts
5benefits under this Section acknowledges and authorizes these
6recovery rights of the System.
7 (f) Service credits under the State Universities
8Retirement System and the Teachers' Retirement System of the
9State of Illinois shall be considered for the purposes of
10determining temporary disability benefit eligibility under
11this Section, and for determining the total period of time for
12which such benefits are payable.
13 (g) The Board shall prescribe rules and regulations
14governing the filing of claims for temporary disability
15benefits, and the investigation, control and supervision of
16such claims.
17 (h) References in this Section to employer-paid benefits
18include benefits paid for by the State, either directly or
19through a program of insurance or self-insurance, whether paid
20through the member's own department or through some other
21department or entity; but the term does not include benefits
22paid by the System under this Article.
23(Source: P.A. 93-721, eff. 1-1-05.)
24 (40 ILCS 5/14-124) (from Ch. 108 1/2, par. 14-124)
25 Sec. 14-124. Nonoccupational disability benefit. A member

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1with at least 1 1/2 years of creditable service may be granted
2a nonoccupational disability benefit, if:
3 (1) application for the benefit is made to the system
4 by the member in writing after the commencement of
5 disability;
6 (2) the member is found upon medical examination to be
7 mentally or physically incapacitated to perform the duties
8 of the member's position;
9 (3) the disability resulted from a cause other than an
10 injury or illness sustained in connection with the member's
11 performance of duty as a State employee;
12 (4) the member has been granted a leave of absence for
13 disability at the time of commencement of disability.
14 Renewal of a disability leave of absence shall not be
15 required for the continued payment of benefits; and
16 (5) the member has used all accumulated sick leave
17 available at the beginning of the leave of absence for
18 disability.
19 The benefit shall begin to accrue on the latest of (i) the
2031st day of absence from work on account of disability
21(including any periods of such absence for which sick pay was
22received); or (ii) the day following the day on which the
23member last receives or has a right to receive any compensation
24as an employee, including any sick pay. ; or (iii) if
25application by the member is delayed more than 90 days after
26the member's name is removed from the payroll, the date

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1application is received by the system. The benefit shall
2continue to accrue until the first of the following to occur:
3 (a) the date on which disability ceases;
4 (b) the end of the month in which the member attains
5 age 65 in the case of benefits commencing prior to
6 attainment of age 60;
7 (c) the end of the month following the fifth
8 anniversary of the effective date of the benefit, or of the
9 temporary disability benefit if one was received, in the
10 case of benefits commencing on or after attainment of age
11 60;
12 (d) the end of the month in which the aggregate period
13 for which non-occupational disability and temporary
14 disability benefit payments have been made becomes equal to
15 1/2 of the member's total period of creditable service, not
16 including the time during which he has received a temporary
17 disability benefit or nonoccupational disability benefit;
18 for purposes of this item (d) only, in the case of a member
19 to whom Section 14-108.2a or 14-108.2b applies and who, at
20 the time disability commences, is performing services for
21 the Illinois Department of Public Health or the Department
22 of State Police relating to the transferred functions
23 referred to in that Section and has less than 10 years of
24 creditable service under this Article, the member's "total
25 period of creditable service" shall be augmented by an
26 amount equal to (i) one half of the member's period of

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1 creditable service in the Fund established under Article 8
2 (excluding any creditable service over 20 years), minus
3 (ii) the amount of the member's creditable service under
4 this Article;
5 (e) the date on which the member engages in gainful
6 employment;
7 (f) the end of the month in which the death of the
8 member occurs.
9 If disability has ceased and the member again becomes
10disabled within 60 days from date of resumption of State
11employment, and if the disability is due to the same cause for
12which he received nonoccupational disability benefit
13immediately preceding such reentry into service, the 30 days
14waiting period prescribed for the receipt of benefits is waived
15as to such new period of disability.
16 A member shall be considered disabled only when the board
17has received:
18 (a) a written certificate by one or more licensed
19 health care professionals and practicing physicians
20 designated by the board, certifying that the member is
21 disabled and unable properly to perform the duties of his
22 position at the time of disability; and
23 (b) the employee certifies that he is not and has not
24 been engaged in gainful employment.
25 The board shall prescribe rules and regulations governing
26the filing of claims for nonoccupational disability benefits,

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1and the investigation, control and supervision of such claims.
2 Service credits under the State Universities Retirement
3System and the Teachers' Retirement System of the State of
4Illinois shall be considered for the purposes of
5nonoccupational disability benefit eligibility under this
6Article and for the total period of time for which such
7benefits are payable.
8(Source: P.A. 88-535; 89-246, eff. 8-4-95.)
9 (40 ILCS 5/14-124.5 new)
10 Sec. 14-124.5. Reports submitted to the System by licensed
11health care professionals. A licensed health care professional
12must submit his or her registration number on all reports
13submitted to the System.
14 (40 ILCS 5/14-125) (from Ch. 108 1/2, par. 14-125)
15 Sec. 14-125. Nonoccupational disability benefit - Amount
16of. The nonoccupational disability benefit shall be 50% of the
17member's final average compensation at the time disability
18occurred. In the case of a member whose benefit was resumed due
19to the same disability, the amount of the benefit shall be the
20same as that last paid before resumption of State employment.
21In the event that a temporary disability benefit has been
22received, the nonoccupational disability benefit shall be
23subject to adjustment by the Board under Section 14-123.1.
24 If a covered employee is eligible for a disability benefit

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1before attaining the Social Security full retirement age 65 or
2a retirement benefit on or after attaining the Social Security
3full retirement age 65 under the Federal Social Security Act,
4the amount of the member's nonoccupational disability benefit
5shall be reduced by the amount of primary benefit the member
6would be eligible to receive under such Act, whether or not
7entitlement thereto came about as the result of service as a
8covered employee under this Article. The Board may make such
9reduction if it appears that the employee may be so eligible
10pending determination of eligibility and make an appropriate
11adjustment if necessary after such determination. The amount of
12any nonoccupational disability benefit payable under this
13Article shall not be reduced by reason of any increase under
14the Federal Social Security Act which occurs after the offset
15required by this Section is first applied to that benefit.
16 As used in this subsection, "Social Security full
17retirement age" means the age at which an individual is
18eligible to receive full Social Security retirement benefits.
19(Source: P.A. 84-1028.)
20 (40 ILCS 5/14-127) (from Ch. 108 1/2, par. 14-127)
21 Sec. 14-127. Credit during disability. During any period of
22disability for which nonoccupational, occupational or
23temporary disability benefits are paid, there shall be credited
24to the account of the disabled member amounts representing the
25contributions the member would have made had he or she remained

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1in active employment in the same position and at the rate of
2compensation in effect at the time disability occurred. Service
3credit shall also be granted him during any such periods of
4disability for all purposes of this Article except for
5measuring the duration of nonoccupational and temporary
6disability benefits. The resolution of a temporary disability
7benefit into an occupational or nonoccupational disability
8benefit shall not entitle the disabled member to receive
9duplicate contribution and service credit under this Section
10for the period during which the temporary disability benefit
11was paid.
12(Source: P.A. 84-1028.)
13 Section 99. Effective date. This Act takes effect upon
14becoming law.
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