Bill Text: IL HB4784 | 2023-2024 | 103rd General Assembly | Engrossed

---

Bill Title: Amends the Metropolitan Water Reclamation District Article of the Illinois Pension Code. Provides that an ordinary disability benefit shall be allowed only if the employee is examined, at least annually, by a licensed health care professional appointed by the Board of Trustees of the Fund. In the definition of "salary", provides that, for a member on a disability benefit, salary is the salary on which the disability benefit is based. Provides that the Board has the power to issue subpoenas to compel the attendance of witnesses to testify before the Board and to compel the production of documents and records upon any matter concerning the Fund, including in conjunction with specified matters. Sets forth provisions concerning fees of witnesses for attendance and travel and compliance with a subpoena.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-04-18 - Referred to Assignments [HB4784 Detail]

Download: Illinois-2023-HB4784-Engrossed.html

---

HB4784 Engrossed LRB103 37154 RPS 67273 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 13-207, 13-310, and 13-706 as follows:
(40 ILCS 5/13-207) (from Ch. 108 1/2, par. 13-207)
Sec. 13-207. "Salary": The salary paid to an employee for
service to the District or to the Board, including salary paid
for vacation and sick leave and any amounts deferred under a
deferred compensation plan established under this Code, but
excluding (1) payment for unused vacation or sick leave, (2)
overtime pay, (3) termination pay, and (4) any compensation in
the form of benefits other than the salary. Salary for a member
on a disability benefit is the salary on which the disability
benefit is based.
(Source: P.A. 90-12, eff. 6-13-97.)
(40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
Sec. 13-310. Ordinary disability benefit.
(a) Any employee who becomes disabled as the result of any
cause other than injury or illness incurred in the performance
of duty for the employer or any other employer, or while
engaged in self-employment activities, shall be entitled to an

HB4784 Engrossed - 2 - LRB103 37154 RPS 67273 b
ordinary disability benefit. The eligible period for this
benefit shall be 25% of the employee's total actual service
prior to the date of disability with a cumulative maximum
period of 5 years.
(b) The benefit shall be allowed only if the employee
files an application in writing with the Board that includes ,
and a medical report is submitted by at least one licensed
health care professional and the employee is examined, at
least annually, by a licensed health care professional
appointed by the Board as part of the employee's application.
The benefit is not payable for any disability which begins
during any period of unpaid leave of absence. No benefit shall
be allowed for any period of disability prior to 30 days before
application is made, unless the Board finds good cause for the
delay in filing the application. The benefit shall not be paid
during any period for which the employee receives or is
entitled to receive any part of salary.
The benefit is not payable for any disability which begins
during any period of absence from duty other than allowable
vacation time in any calendar year. An employee whose
disability begins during any such ineligible period of absence
from service may not receive benefits until the employee
recovers from the disability and is in service for at least 15
consecutive working days after such recovery.
In the case of an employee who first enters service on or
after June 13, 1997, an ordinary disability benefit is not

HB4784 Engrossed - 3 - LRB103 37154 RPS 67273 b
payable for the first 3 days of disability that would
otherwise be payable under this Section if the disability does
not continue for at least 11 additional days.
Beginning on the effective date of this amendatory Act of
the 94th General Assembly, an employee who first entered
service on or after June 13, 1997 is also eligible for ordinary
disability benefits on the 31st day after the last day worked,
provided all sick leave is exhausted.
(c) The benefit shall be 50% of the employee's salary at
the date of disability, and shall terminate when the earliest
of the following occurs:
(1) The employee returns to work or receives a
retirement annuity paid wholly or in part under this
Article;
(2) The disability ceases;
(3) The employee willfully and continuously refuses to
follow medical advice and treatment to enable the employee
to return to work. However this provision does not apply
to an employee who relies in good faith on treatment by
prayer through spiritual means alone in accordance with
the tenets and practice of a recognized church or
religious denomination, by a duly accredited practitioner
thereof;
(4) The employee (i) refuses to submit to a reasonable
physical examination within 30 days of application by a
licensed health care professional appointed by the Board,

HB4784 Engrossed - 4 - LRB103 37154 RPS 67273 b
(ii) in the case of chronic alcoholism, the employee
refuses to join a rehabilitation program licensed by the
Department of Public Health of the State of Illinois and
certified by the Joint Commission on the Accreditation of
Hospitals, (iii) fails or refuses to consent to and sign
an authorization allowing the Board to receive copies of
or to examine the employee's medical and hospital records,
or (iv) fails or refuses to provide complete information
regarding any other employment for compensation he or she
has received since becoming disabled; or
(5) The eligible period for this benefit has been
exhausted.
The first payment of the benefit shall be made not later
than one month after the same has been granted, and subsequent
payments shall be made at least monthly.
(Source: P.A. 102-210, eff. 7-30-21; 103-523, eff. 1-1-24.)
(40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
Sec. 13-706. Board powers and duties. The Board shall have
the powers and duties set forth in this Section, in addition to
such other powers and duties as may be provided in this Article
and in this Code:
(a) To supervise collections. To see that all amounts
specified in this Article to be applied to the Fund, from
any source, are collected and applied.
(b) To notify of deductions. To notify the Clerk of

HB4784 Engrossed - 5 - LRB103 37154 RPS 67273 b
the Water Reclamation District of the deductions to be
made from the salaries of employees.
(c) To accept gifts. To accept by gift, grant, bequest
or otherwise any money or property of any kind and use the
same for the purposes of the Fund.
(d) To invest the reserves. To invest the reserves of
the Fund in accordance with the provisions set forth in
Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
1-115 of this Code. Investments made in accordance with
Section 1-113 of Article 1 of this Code shall be deemed
prudent. The Board is also authorized to transfer
securities to the Illinois State Board of Investment for
the purpose of participation in any commingled investment
fund as provided in Article 22A of this Code.
(e) To authorize payments. To consider and pass upon
all applications for annuities and benefits; to authorize
or suspend the payment of any annuity or benefit; to
inquire into the validity and legality of any grant of
annuity or benefit paid from or payable out of the Fund; to
increase, reduce, or suspend any such annuity or benefit
whenever the annuity or benefit, or any part thereof, was
secured or granted, or the amount thereof fixed, as the
result of misrepresentation, fraud, or error. No such
annuity or benefit shall be permanently reduced or
suspended until the affected annuitant or beneficiary is
first notified of the proposed action and given an

HB4784 Engrossed - 6 - LRB103 37154 RPS 67273 b
opportunity to be heard. No trustee of the Board shall
vote upon that trustee's own personal claim for annuity,
benefit or refund, or participate in the deliberations of
the Board as to the validity of any such claim. The Board
shall have exclusive original jurisdiction in all matters
of claims for annuities, benefits and refunds.
(f) To submit an annual report. To submit a report in
July of each year to the Board of Commissioners of the
Water Reclamation District as of the close of business on
December 31st of the preceding year. The report shall
include the following:
(1) A balance
sheet, showing the financial and
actuarial condition of the Fund as of the end of the
calendar year;
(2) A statement of receipts and disbursements
during such year;
(3) A statement showing changes in the asset,
liability, reserve and surplus accounts during such
year;
(4) A detailed statement of investments as of the
end of the year; and
(5) Any additional information as is deemed
necessary for proper interpretation of the condition
of the Fund.
(g) To subpoena witnesses and compel the production of
records. To issue subpoenas to compel the attendance of

HB4784 Engrossed - 7 - LRB103 37154 RPS 67273 b
witnesses to testify before the Board and to compel the
production of documents and records upon any matter
concerning the Fund, including, but not limited to, in
conjunction with:
(1) a disability claim;
(2) an administrative review proceeding;
(3) an attempt to obtain information to assist in
the collection of sums due to the Fund;
(4) obtaining any and all personal identifying
information necessary for the administration of
benefits;
(5) the determination of the death of a benefit
recipient or a potential benefit recipient; or
(6) a felony forfeiture investigation.
The fees of witnesses for attendance and travel shall be
the same as the fees of witnesses before the circuit courts of
this State and shall be paid by the party seeking the subpoena.
The Board may apply to any circuit court in the State for an
order requiring compliance with a subpoena issued under this
Section. Subpoenas issued under this Section shall be subject
to the
applicable provisions of the Code of Civil Procedure.
The President or other members of the Board may administer
oaths to witnesses. To compel witnesses to attend and testify
before it upon any matter concerning the Fund and allow
witness fees not in excess of $6 for attendance upon any one
day. The President and other members of the Board may

HB4784 Engrossed - 8 - LRB103 37154 RPS 67273 b