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| Public Act 103-0080
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| SB1115 Enrolled | LRB103 05946 RPS 50968 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, |
represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by |
changing Sections 15-150, 15-153, 15-153.2, and 15-198 as |
follows:
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(40 ILCS 5/15-150) (from Ch. 108 1/2, par. 15-150)
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Sec. 15-150. Disability benefits; eligibility benefits - |
Eligibility. A participant may
be granted a disability benefit |
if: (1) while a
participating employee, he or she becomes |
physically or mentally
incapacitated and unable to perform the |
duties of his or her assigned
position for any period |
exceeding 60 days; and (2) the employee had completed
2 years |
of service at the time of disability, unless the disability is |
a result
of an accident or the employee is a police officer who |
qualifies for the calculation under subsection (b) of Section |
15-153.
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An employee shall be considered disabled only during the |
period for which
the board determines, based upon the evidence |
listed below, that the employee is unable
to reasonably |
perform the duties of his or her assigned position as a result
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of a physical or mental disability. This determination shall |
be based upon:
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(i) a written certificate from one or more licensed |
and practicing
physicians appointed by or acceptable to |
the board, stating that the employee
is disabled and |
unable to reasonably perform the duties of his or her |
assigned
position;
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(ii) a written certificate from the employer
stating |
that the employee is unable to perform the duties of his or |
her
assigned position and, if the employee is a police |
officer, the employer's position on whether the disability |
qualifies as a line of duty disability; and
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(iii) any other medical examinations, hospital |
records, laboratory
results, or other information |
necessary for determining the employment capacity
and |
condition of the employee; and .
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(iv) if the employee is a police officer applying for |
a line of duty disability, a written certification from |
one or more licensed and practicing physicians appointed |
by or acceptable to the board, stating that the disability |
qualifies as a line of duty disability under subsection |
(b) of Section 15-153. |
The board shall prescribe rules governing the filing, |
investigation,
control, and supervision of disability claims.
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Costs incurred by a claimant in connection with completing a |
claim for
disability benefits shall be paid (A) by the |
claimant, in the case of the one
required medical examination, |
medical certificate, and employer's certificate
and any other |
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requirements generally imposed by the board on all disability
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benefit claimants; and (B) by the System, in the case of any |
additional medical
examination or other additional requirement |
imposed on a particular claimant
that is not imposed generally |
on all disability benefit claimants.
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Pregnancy and childbirth shall be considered a disability.
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The same application shall be used to determine |
eligibility for the calculation of disability benefits under |
subsection (a) or subsection (b) of Section 15-153. |
(Source: P.A. 90-766, eff. 8-14-98.)
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(40 ILCS 5/15-153) (from Ch. 108 1/2, par. 15-153)
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Sec. 15-153. Disability benefits; amount benefits - |
Amount. |
(a) Except as provided in subsection (b), the The |
disability benefit shall
be the greater of (1) 50% of the basic |
compensation which would have been paid
had the participant |
continued in service for the entire period during which
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disability benefits are payable, excluding wage or salary |
increases subsequent
to the date of disability or extra |
prospective earnings on a summer teaching
contract or other |
extra service not yet entered upon or (2) 50% of the
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participant's average earnings during the 24 months |
immediately preceding the
month in which disability occurs. In |
determining the disability benefit, the
basic compensation of |
a participating employee on leave of absence or on
lay-off |
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status shall be assumed to be equal to his or her basic |
compensation
on the date the leave of absence or lay-off |
begins.
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(b) In lieu of the amount of the disability benefit |
otherwise provided for in subsection (a) of this Section, for |
a participant who is employed as a police officer and who |
incurs a line of duty disability, the disability benefit under |
this Section shall be the greater of: (1) 65% of the basic |
compensation that would have been paid had the participant |
continued in employment for the entire period during which |
disability benefits are payable, excluding wage or salary |
increases subsequent to the date of disability; or (2) 65% of |
the participant's average earnings during the 24 months |
immediately preceding the month in which disability occurs. In |
determining the disability benefit, the basic compensation of |
a participating employee on leave of absence or on lay-off |
status shall be assumed to be equal to his or her basic |
compensation on the date the leave of absence or lay-off |
begins. |
Any police officer who suffers a heart attack or stroke as |
a result of the performance and discharge of police duty shall |
be considered to have been injured in the performance of an act |
of duty and shall be eligible for the calculation of benefits |
provided for under this subsection (b). |
A police officer shall be considered to be in the |
performance of an act of duty while on any assignment approved |
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by the police officer's chief, whether the assignment is on or |
off the employer's property. |
The changes made to this Section shall apply to |
participants whose line of duty disability occurred on or |
after January 1, 2022. |
For the purposes of this Section, "line of duty |
disability" means that, as the result of sickness, accident, |
or injury incurred in or resulting from the performance of an |
act of duty, the police officer is found to be physically or |
mentally disabled for employment as a police officer so as to |
render necessary his or her suspension or retirement from |
employment as a police officer or is found to be unable to |
perform his or her duties as a police officer by reason of |
heart disease, stroke, tuberculosis, or any disease of the |
lungs or respiratory tract, resulting from employment as a |
police officer. |
If the disability benefit is 50% of basic compensation |
under subsection (a) or 65% of basic compensation under |
subsection (b), payments during the
academic year shall accrue |
over the period that the basic
compensation would have been |
paid had the participant continued in
service. If the |
disability benefit is 50% under subsection (a) or 65% under |
subsection (b) of the average earnings of the
participant |
during the 24 months immediately preceding the month in
which |
disability occurs, payments during the year shall accrue
over |
a period of 12 months. Disability benefits shall be paid as of |
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the
end of each calendar month during which payments accrue. |
Payments for
fractional parts of a month shall be determined |
by prorating the total
amount payable for the full month on the |
basis of days elapsing during
the month. Any disability |
benefit accrued but unpaid on the death of
a participant shall |
be paid to the participant's beneficiary.
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(Source: P.A. 93-347, eff. 7-24-03.)
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(40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
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Sec. 15-153.2. Disability retirement annuity. |
(a) This subsection (a) applies to a participant receiving |
benefits calculated under subsection (a) of Section 15-153. A |
participant whose
disability benefits are discontinued under |
the provisions of clause (6) of
Section 15-152 and who is not a |
participant in the optional retirement plan
established under |
Section 15-158.2 is entitled to a disability
retirement |
annuity of 35% of the basic compensation which was payable to |
the
participant at the time that disability began, provided |
that the board determines that the participant has a medically |
determinable physical or
mental impairment that prevents him |
or her from
engaging in any substantial gainful activity, and |
which can be expected to
result in death or which has lasted or |
can be expected to last for a continuous
period of not less |
than 12 months.
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(b) This subsection (b) applies to a participant receiving |
benefits calculated under subsection (b) of Section 15-153. A |
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participant whose disability benefits are discontinued under |
clause (6) of Section 15-152 and who is not a participant in |
the optional retirement plan established under Section |
15-158.2 is entitled to a disability retirement annuity of 65% |
of the basic compensation that was payable to the participant |
at the time that disability began, provided that the board |
determines that the participant has a medically determinable |
physical or mental impairment that prevents him or her from |
engaging in any substantial gainful activity and can be |
expected to result in death or has lasted or can be expected to |
last for a continuous period of not less than 12 months. |
(c) The board's determination of whether a participant is |
disabled shall be
based upon:
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(i) a written certificate from one or more licensed |
and practicing
physicians appointed by or acceptable to |
the board, stating that the
participant is unable to |
engage in any substantial gainful activity; and
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(ii) any other medical examinations, hospital records, |
laboratory
results, or other information necessary for |
determining the employment
capacity and condition of the |
participant.
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The terms "medically determinable physical or mental |
impairment" and
"substantial gainful activity" shall have the |
meanings ascribed to them in the
federal Social Security Act, |
as now or hereafter amended, and the
regulations issued |
thereunder.
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(d) The disability retirement annuity payment period shall |
begin immediately
following the expiration of the disability |
benefit payments under clause
(6) of Section 15-152 and shall |
be discontinued for a recipient of a disability retirement |
annuity when (1) the physical or
mental impairment no longer |
prevents the recipient from engaging in any
substantial |
gainful activity, (2) the recipient dies, (3) the recipient
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elects to receive a retirement annuity under Sections 15-135 |
and 15-136, (4) the recipient refuses to submit to a |
reasonable physical examination by a physician approved by the |
board, or (5) the recipient fails to provide an earnings |
verification necessary to determine continuance of benefits.
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If a person's disability retirement annuity is discontinued |
under clause
(1), all rights and credits accrued in the system |
on the date that the
disability retirement annuity began shall |
be restored, and the disability
retirement annuity paid shall |
be considered as disability payments under
clause (6) of |
Section 15-152.
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(e) The board shall adopt rules governing the filing, |
investigation, control, and supervision of disability |
retirement annuity claims. Costs incurred by a claimant in |
connection with completing a claim for a disability retirement |
annuity shall be paid: (A) by the claimant in the case of the |
one required medical examination, medical certificate, and any |
other requirements generally imposed by the board on all |
disability retirement annuity claimants; and (B) by the System |
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in the case of any additional medical examination or other |
additional requirement imposed on a particular claimant that |
is not imposed generally on all disability retirement annuity |
claimants. |
(Source: P.A. 100-556, eff. 12-8-17.)
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(40 ILCS 5/15-198)
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Sec. 15-198. Application and expiration of new benefit |
increases. |
(a) As used in this Section, "new benefit increase" means |
an increase in the amount of any benefit provided under this |
Article, or an expansion of the conditions of eligibility for |
any benefit under this Article, that results from an amendment |
to this Code that takes effect after June 1, 2005 (the |
effective date of Public Act 94-4). "New benefit increase", |
however, does not include any benefit increase resulting from |
the changes made to Article 1 or this Article by Public Act |
100-23, Public Act 100-587, Public Act 100-769, Public Act |
101-10, Public Act 101-610, Public Act 102-16, or this |
amendatory Act of the 103rd General Assembly this amendatory |
Act of the 102nd General Assembly. |
(b) Notwithstanding any other provision of this Code or |
any subsequent amendment to this Code, every new benefit |
increase is subject to this Section and shall be deemed to be |
granted only in conformance with and contingent upon |
compliance with the provisions of this Section.
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(c) The Public Act enacting a new benefit increase must |
identify and provide for payment to the System of additional |
funding at least sufficient to fund the resulting annual |
increase in cost to the System as it accrues. |
Every new benefit increase is contingent upon the General |
Assembly providing the additional funding required under this |
subsection. The Commission on Government Forecasting and |
Accountability shall analyze whether adequate additional |
funding has been provided for the new benefit increase and |
shall report its analysis to the Public Pension Division of |
the Department of Insurance. A new benefit increase created by |
a Public Act that does not include the additional funding |
required under this subsection is null and void. If the Public |
Pension Division determines that the additional funding |
provided for a new benefit increase under this subsection is |
or has become inadequate, it may so certify to the Governor and |
the State Comptroller and, in the absence of corrective action |
by the General Assembly, the new benefit increase shall expire |
at the end of the fiscal year in which the certification is |
made.
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(d) Every new benefit increase shall expire 5 years after |
its effective date or on such earlier date as may be specified |
in the language enacting the new benefit increase or provided |
under subsection (c). This does not prevent the General |
Assembly from extending or re-creating a new benefit increase |
by law. |
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(e) Except as otherwise provided in the language creating |
the new benefit increase, a new benefit increase that expires |
under this Section continues to apply to persons who applied |
and qualified for the affected benefit while the new benefit |
increase was in effect and to the affected beneficiaries and |
alternate payees of such persons, but does not apply to any |
other person, including, without limitation, a person who |
continues in service after the expiration date and did not |
apply and qualify for the affected benefit while the new |
benefit increase was in effect.
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(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
101-610, eff. 1-1-20; 102-16, eff. 6-17-21.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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