Illinois 2023-2024 Regular Session

Illinois House Bill HB4139 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB4139 EngrossedLRB103 34045 RPS 63862 b HB4139 Engrossed LRB103 34045 RPS 63862 b
2		-	HB4139 Engrossed LRB103 34045 RPS 63862 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4139 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 40 ILCS 5/7-131 new40 ILCS 5/7-145.1 40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146 40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. With regard to disability benefits, provides that a determination of disability may be made by a licensed and practicing medical professional with the authority to diagnose the condition or conditions for which disability benefits are sought (rather than only a physician). Defines "medical professional". Makes conforming changes. Effective immediately. LRB103 34045 RPS 63862 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4139 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 40 ILCS 5/7-131 new40 ILCS 5/7-145.1 40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146 40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 40 ILCS 5/7-131 new 40 ILCS 5/7-145.1 40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146 40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. With regard to disability benefits, provides that a determination of disability may be made by a licensed and practicing medical professional with the authority to diagnose the condition or conditions for which disability benefits are sought (rather than only a physician). Defines "medical professional". Makes conforming changes. Effective immediately. LRB103 34045 RPS 63862 b LRB103 34045 RPS 63862 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4139 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
	3	+	40 ILCS 5/7-131 new40 ILCS 5/7-145.1 40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146 40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 40 ILCS 5/7-131 new 40 ILCS 5/7-145.1 40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146 40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
	4	+	40 ILCS 5/7-131 new
	5	+	40 ILCS 5/7-145.1
	6	+	40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146
	7	+	40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149
	8	+	40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
	9	+	Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. With regard to disability benefits, provides that a determination of disability may be made by a licensed and practicing medical professional with the authority to diagnose the condition or conditions for which disability benefits are sought (rather than only a physician). Defines "medical professional". Makes conforming changes. Effective immediately.
	10	+	LRB103 34045 RPS 63862 b LRB103 34045 RPS 63862 b
	11	+	LRB103 34045 RPS 63862 b
	12	+	A BILL FOR
	13	+	HB4139LRB103 34045 RPS 63862 b HB4139 LRB103 34045 RPS 63862 b
	14	+	HB4139 LRB103 34045 RPS 63862 b
3	15		1 AN ACT concerning public employee benefits.
4	16		2 Be it enacted by the People of the State of Illinois,
5	17		3 represented in the General Assembly:
6	18		4 Section 5. The Illinois Pension Code is amended by adding
7		-	5 Sections 7-130.1, 7-130.2, 7-130.3, 7-130.4, and 7-130.5 and
8		-	6 by changing Sections 7-145.1, 7-146, 7-149, and 7-150 as
9		-	7 follows:
10		-	8 (40 ILCS 5/7-130.1 new)
11		-	9 Sec. 7-130.1. Advanced practice registered nurse.
12		-	10 "Advanced practice registered nurse": a person licensed as an
13		-	11 advanced practice registered nurse under the Nurse Practice
14		-	12 Act.
15		-	13 (40 ILCS 5/7-130.2 new)
16		-	14 Sec. 7-130.2. Clinical psychologist. "Clinical
17		-	15 psychologist": a person licensed under the Clinical
18		-	16 Psychologist Licensing Act.
19		-	17 (40 ILCS 5/7-130.3 new)
20		-	18 Sec. 7-130.3. Health care professional. "Health care
21		-	19 professional": a person currently licensed as a physician,
22		-	20 advanced practice registered nurse, clinical psychologist, or
23		-	21 physician assistant diagnosing the condition or conditions for
	19	+	5 Section 7-131 and by changing Sections 7-145.1, 7-146, 7-149,
	20	+	6 and 7-150 as follows:
	21	+	7 (40 ILCS 5/7-131 new)
	22	+	8 Sec. 7-131. Medical professional. "Medical professional":
	23	+	9 Any individual who has obtained a license through the
	24	+	10 Department of Financial and Professional Regulation under the
	25	+	11 Medical Practice Act of 1987, under the Physician Assistant
	26	+	12 Practice Act of 1987, or under the Clinical Psychologist
	27	+	13 Licensing Act or an advanced practice registered nurse
	28	+	14 licensed under the Nurse Practice Act.
	29	+	15 (40 ILCS 5/7-145.1)
	30	+	16 Sec. 7-145.1. Alternative annuity for county officers.
	31	+	17 (a) The benefits provided in this Section and Section
	32	+	18 7-145.2 are available only if, prior to the effective date of
	33	+	19 this amendatory Act of the 97th General Assembly, the county
	34	+	20 board has filed with the Board of the Fund a resolution or
	35	+	21 ordinance expressly consenting to the availability of these
	36	+	22 benefits for its elected county officers. The county board's
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32		-	1 which disability benefits are sought in accordance with the
33		-	2 person's level of education, training, and licensure.
34		-	3 (40 ILCS 5/7-130.4 new)
35		-	4 Sec. 7-130.4. Physician. "Physician": a person licensed to
36		-	5 practice medicine in all its branches under the Medical
37		-	6 Practice Act of 1987.
38		-	7 (40 ILCS 5/7-130.5 new)
39		-	8 Sec. 7-130.5. Physician assistant. "Physician assistant":
40		-	9 a person licensed under the Physician Assistant Practice Act
41		-	10 of 1987.
42		-	11 (40 ILCS 5/7-145.1)
43		-	12 Sec. 7-145.1. Alternative annuity for county officers.
44		-	13 (a) The benefits provided in this Section and Section
45		-	14 7-145.2 are available only if, prior to the effective date of
46		-	15 this amendatory Act of the 97th General Assembly, the county
47		-	16 board has filed with the Board of the Fund a resolution or
48		-	17 ordinance expressly consenting to the availability of these
49		-	18 benefits for its elected county officers. The county board's
50		-	19 consent is irrevocable with respect to persons participating
51		-	20 in the program, but may be revoked at any time with respect to
52		-	21 persons who have not paid an additional optional contribution
53		-	22 under this Section before the date of revocation.
54		-	23 An elected county officer may elect to establish
	40	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4139 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
	41	+	40 ILCS 5/7-131 new40 ILCS 5/7-145.1 40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146 40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150 40 ILCS 5/7-131 new 40 ILCS 5/7-145.1 40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146 40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149 40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
	42	+	40 ILCS 5/7-131 new
	43	+	40 ILCS 5/7-145.1
	44	+	40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146
	45	+	40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149
	46	+	40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
	47	+	Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. With regard to disability benefits, provides that a determination of disability may be made by a licensed and practicing medical professional with the authority to diagnose the condition or conditions for which disability benefits are sought (rather than only a physician). Defines "medical professional". Makes conforming changes. Effective immediately.
	48	+	LRB103 34045 RPS 63862 b LRB103 34045 RPS 63862 b
	49	+	LRB103 34045 RPS 63862 b
	50	+	A BILL FOR
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60		-	HB4139 Engrossed - 2 - LRB103 34045 RPS 63862 b
	56	+	40 ILCS 5/7-131 new
	57	+	40 ILCS 5/7-145.1
	58	+	40 ILCS 5/7-146 from Ch. 108 1/2, par. 7-146
	59	+	40 ILCS 5/7-149 from Ch. 108 1/2, par. 7-149
	60	+	40 ILCS 5/7-150 from Ch. 108 1/2, par. 7-150
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65		-	1 alternative credits for an alternative annuity by electing in
66		-	2 writing before the effective date of this amendatory Act of
67		-	3 the 97th General Assembly to make additional optional
68		-	4 contributions in accordance with this Section and procedures
69		-	5 established by the board. These alternative credits are
70		-	6 available only for periods of service as an elected county
71		-	7 officer. The elected county officer may discontinue making the
72		-	8 additional optional contributions by notifying the Fund in
73		-	9 writing in accordance with this Section and procedures
74		-	10 established by the board.
75		-	11 Additional optional contributions for the alternative
76		-	12 annuity shall be as follows:
77		-	13 (1) For service as an elected county officer after the
78		-	14 option is elected, an additional contribution of 3% of
79		-	15 salary shall be contributed to the Fund on the same basis
80		-	16 and under the same conditions as contributions required
81		-	17 under Section 7-173.
82		-	18 (2) For service as an elected county officer before
83		-	19 the option is elected, an additional contribution of 3% of
84		-	20 the salary for the applicable period of service, plus
85		-	21 interest at the effective rate from the date of service to
86		-	22 the date of payment, plus any additional amount required
87		-	23 by the county board under paragraph (3). All payments for
88		-	24 past service must be paid in full before credit is given.
89		-	25 Payment must be received by the Board while the member is
90		-	26 an active participant, except that one payment will be
	63	+
	64	+	LRB103 34045 RPS 63862 b
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101		-	1 permitted after termination of participation.
102		-	2 (3) With respect to service as an elected county
103		-	3 officer before the option is elected, if payment is made
104		-	4 after the county board has filed with the Board of the Fund
105		-	5 a resolution or ordinance requiring an additional
106		-	6 contribution under this paragraph, then the contribution
107		-	7 required under paragraph (2) shall include an amount to be
108		-	8 determined by the Fund, equal to the actuarial present
109		-	9 value of the additional employer cost that would otherwise
110		-	10 result from the alternative credits being established for
111		-	11 that service. A county board's resolution or ordinance
112		-	12 requiring additional contributions under this paragraph
113		-	13 (3) is irrevocable. Payment must be received by the Board
114		-	14 while the member is an active participant, except that one
115		-	15 payment will be permitted after termination of
116		-	16 participation.
117		-	17 No additional optional contributions may be made for any
118		-	18 period of service for which credit has been previously
119		-	19 forfeited by acceptance of a refund, unless the refund is
120		-	20 repaid in full with interest at the effective rate from the
121		-	21 date of refund to the date of repayment.
122		-	22 (b) In lieu of the retirement annuity otherwise payable
123		-	23 under this Article, an elected county officer who (1) has
124		-	24 elected to participate in the Fund and make additional
125		-	25 optional contributions in accordance with this Section, (2)
126		-	26 has held and made additional optional contributions with
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	74	+	HB4139 LRB103 34045 RPS 63862 b
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	77	+	HB4139- 2 -LRB103 34045 RPS 63862 b HB4139 - 2 - LRB103 34045 RPS 63862 b
	78	+	HB4139 - 2 - LRB103 34045 RPS 63862 b
	79	+	1 consent is irrevocable with respect to persons participating
	80	+	2 in the program, but may be revoked at any time with respect to
	81	+	3 persons who have not paid an additional optional contribution
	82	+	4 under this Section before the date of revocation.
	83	+	5 An elected county officer may elect to establish
	84	+	6 alternative credits for an alternative annuity by electing in
	85	+	7 writing before the effective date of this amendatory Act of
	86	+	8 the 97th General Assembly to make additional optional
	87	+	9 contributions in accordance with this Section and procedures
	88	+	10 established by the board. These alternative credits are
	89	+	11 available only for periods of service as an elected county
	90	+	12 officer. The elected county officer may discontinue making the
	91	+	13 additional optional contributions by notifying the Fund in
	92	+	14 writing in accordance with this Section and procedures
	93	+	15 established by the board.
	94	+	16 Additional optional contributions for the alternative
	95	+	17 annuity shall be as follows:
	96	+	18 (1) For service as an elected county officer after the
	97	+	19 option is elected, an additional contribution of 3% of
	98	+	20 salary shall be contributed to the Fund on the same basis
	99	+	21 and under the same conditions as contributions required
	100	+	22 under Section 7-173.
	101	+	23 (2) For service as an elected county officer before
	102	+	24 the option is elected, an additional contribution of 3% of
	103	+	25 the salary for the applicable period of service, plus
	104	+	26 interest at the effective rate from the date of service to
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132		-	HB4139 ~~Engrossed - 4~~ - LRB103 34045 RPS 63862 b
	110	+	HB4139 - 2 - LRB103 34045 RPS 63862 b
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137		-	1 ~~respect to~~ the ~~same elected county office for at least 8 years,~~
138		-	2 ~~and~~ (3) ~~has attained age 55 with at least 8 years of service~~
139		-	3 credit ~~(or has attained age 50 with at least 20 years of~~
140		-	4 ~~service as a sheriff's law enforcement employee)~~ ~~may elect to~~
141		-	5 ~~have his retirement annuity computed as follows:~~ ~~3% of the~~
142		-	6 ~~participant's salary for each~~ of ~~the first 8 years of service~~
143		-	7 ~~credit, plus 4%~~ ~~of that salary for each of the next 4 years of~~
144		-	8 ~~service credit~~, ~~plus 5%~~ ~~of that salary for each year of service~~
145		-	9 ~~credit in excess~~ of ~~12 years, subject to a maximum of 80% of~~
146		-	10 ~~that salary.~~
147		-	11 This ~~formula applies only to service in an elected county~~
148		-	12 ~~office that the officer held for at least 8 years, and only~~ to
149		-	13 ~~service for which additional optional contributions have been~~
150		-	14 ~~paid under this Section.~~ ~~If an elected county officer~~
151		-	15 ~~qualifies to have this formula applied to service in more than~~
152		-	16 ~~one elected~~ county ~~office, the qualifying service shall be~~
153		-	17 ~~accumulated for purposes of determining the applicable accrual~~
154		-	18 ~~percentages, but~~ the ~~salary used for each office shall be the~~
155		-	19 ~~separate salary calculated for~~ that ~~office, as defined in~~
156		-	20 ~~subsection (g).~~
157		-	21 ~~To the extent that the elected county officer has service~~
158		-	22 ~~credit that does not qualify~~ for ~~this formula, his retirement~~
159		-	23 ~~annuity will first be determined in accordance with this~~
160		-	24 ~~formula with respect to~~ the ~~service to which this formula~~
161		-	25 ~~applies, and then~~ in ~~accordance~~ with the ~~remaining Sections of~~
162		-	26 ~~this Article with respect~~ to the ~~service to which this formula~~
	113	+	HB4139- 3 -LRB103 34045 RPS 63862 b HB4139 - 3 - LRB103 34045 RPS 63862 b
	114	+	HB4139 - 3 - LRB103 34045 RPS 63862 b
	115	+	1 the date of payment, plus any additional amount required
	116	+	2 by the county board under paragraph (3). All payments for
	117	+	3 past service must be paid in full before credit is given.
	118	+	4 Payment must be received by the Board while the member is
	119	+	5 an active participant, except that one payment will be
	120	+	6 permitted after termination of participation.
	121	+	7 (3) With respect to service as an elected county
	122	+	8 officer before the option is elected, if payment is made
	123	+	9 after the county board has filed with the Board of the Fund
	124	+	10 a resolution or ordinance requiring an additional
	125	+	11 contribution under this paragraph, then the contribution
	126	+	12 required under paragraph (2) shall include an amount to be
	127	+	13 determined by the Fund, equal to the actuarial present
	128	+	14 value of the additional employer cost that would otherwise
	129	+	15 result from the alternative credits being established for
	130	+	16 that service. A county board's resolution or ordinance
	131	+	17 requiring additional contributions under this paragraph
	132	+	18 (3) is irrevocable. Payment must be received by the Board
	133	+	19 while the member is an active participant, except that one
	134	+	20 payment will be permitted after termination of
	135	+	21 participation.
	136	+	22 No additional optional contributions may be made for any
	137	+	23 period of service for which credit has been previously
	138	+	24 forfeited by acceptance of a refund, unless the refund is
	139	+	25 repaid in full with interest at the effective rate from the
	140	+	26 date of refund to the date of repayment.
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	146	+	HB4139 - 3 - LRB103 34045 RPS 63862 b
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173		-	1 ~~does not apply.~~
174		-	2 (c) ~~In lieu of the disability benefits otherwise payable~~
175		-	3 ~~under this Article, an~~ elected ~~county officer who (1) has~~
176		-	4 ~~elected to participate~~ in ~~the Fund~~, ~~and~~ (2) ~~has become~~
177		-	5 ~~permanently disabled~~ and ~~as a consequence is unable to perform~~
178		-	6 the ~~duties of his~~ office, ~~and (3) was making optional~~
179		-	7 ~~contributions in accordance~~ with ~~this Section~~ at ~~the time the~~
180		-	8 ~~disability was incurred,~~ ~~may elect to receive a disability~~
181		-	9 ~~annuity calculated in accordance with the formula in~~
182		-	10 ~~subsection (b). For the purposes~~ of ~~this subsection, an~~
183		-	11 ~~elected county officer shall be considered permanently~~
184		-	12 ~~disabled only if:~~ ~~(i) disability occurs while in service as an~~
185		-	13 ~~elected county officer and is~~ of ~~such a nature as to prevent~~
186		-	14 ~~him from reasonably performing the duties~~ of ~~his office at the~~
187		-	15 ~~time; and (ii) the board has received a written certification~~
188		-	16 ~~by at least 2 health care professionals licensed physicians~~
189		-	17 ~~appointed by it stating~~ that the officer ~~is disabled~~ and ~~that~~
190		-	18 ~~the disability is likely to be permanent.~~
191		-	19 ~~(d) Refunds of additional optional contributions shall be~~
192		-	20 ~~made on the same basis and under the same conditions as~~
193		-	21 ~~provided under Section 7-166~~, ~~7-167 and 7-168. Interest~~ shall
194		-	22 ~~be credited at~~ the ~~effective rate on the same basis and under~~
195		-	23 the ~~same conditions as~~ for ~~other contributions.~~
196		-	24 ~~If an elected county officer fails to hold~~ that ~~same~~
197		-	25 ~~elected county office for at least 8 years, he or she shall be~~
198		-	26 ~~entitled after leaving office~~ to ~~receive a refund of~~ the
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	150	+	HB4139 - 4 - LRB103 34045 RPS 63862 b
	151	+	1 (b) In lieu of the retirement annuity otherwise payable
	152	+	2 under this Article, an elected county officer who (1) has
	153	+	3 elected to participate in the Fund and make additional
	154	+	4 optional contributions in accordance with this Section, (2)
	155	+	5 has held and made additional optional contributions with
	156	+	6 respect to the same elected county office for at least 8 years,
	157	+	7 and (3) has attained age 55 with at least 8 years of service
	158	+	8 credit (or has attained age 50 with at least 20 years of
	159	+	9 service as a sheriff's law enforcement employee) may elect to
	160	+	10 have his retirement annuity computed as follows: 3% of the
	161	+	11 participant's salary for each of the first 8 years of service
	162	+	12 credit, plus 4% of that salary for each of the next 4 years of
	163	+	13 service credit, plus 5% of that salary for each year of service
	164	+	14 credit in excess of 12 years, subject to a maximum of 80% of
	165	+	15 that salary.
	166	+	16 This formula applies only to service in an elected county
	167	+	17 office that the officer held for at least 8 years, and only to
	168	+	18 service for which additional optional contributions have been
	169	+	19 paid under this Section. If an elected county officer
	170	+	20 qualifies to have this formula applied to service in more than
	171	+	21 one elected county office, the qualifying service shall be
	172	+	22 accumulated for purposes of determining the applicable accrual
	173	+	23 percentages, but the salary used for each office shall be the
	174	+	24 separate salary calculated for that office, as defined in
	175	+	25 subsection (g).
	176	+	26 To the extent that the elected county officer has service
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209		-	1 ~~additional optional contributions made with respect to~~ that
210		-	2 ~~office, plus interest at the effective rate.~~
211		-	3 ~~(e)~~ The ~~plan of optional alternative benefits and~~
212		-	4 ~~contributions shall be available to persons who are elected~~
213		-	5 ~~county officers and active contributors~~ to the ~~Fund on or~~
214		-	6 ~~after November 15, 1994 and elected to establish alternative~~
215		-	7 ~~credit before the effective date of this amendatory Act~~ of the
216		-	8 ~~97th General Assembly. A person who was~~ an elected county
217		-	9 ~~officer and an active contributor~~ to the Fund ~~on November 15,~~
218		-	10 ~~1994 but~~ is ~~no longer an active contributor may apply~~ to ~~make~~
219		-	11 ~~additional~~ optional ~~contributions under this Section at any~~
220		-	12 ~~time within 90 days after~~ the ~~effective date of this~~
221		-	13 ~~amendatory Act of 1997; if the person is an annuitant~~, ~~the~~
222		-	14 ~~resulting increase~~ in ~~annuity shall begin to accrue on~~ the
223		-	15 ~~first day~~ of ~~the month following the month in which the~~
224		-	16 ~~required payment is received by the Fund.~~
225		-	17 (f) ~~For the purposes of this Section and Section 7-145.2,~~
226		-	18 ~~the terms "~~elected county officer" and ~~"elected county office"~~
227		-	19 ~~include, but are not limited to: (1)~~ the ~~county clerk,~~
228		-	20 ~~recorder, treasurer, coroner, assessor~~ (~~if elected), auditor,~~
229		-	21 ~~sheriff,~~ and ~~State's Attorney;~~ ~~members of the county board;~~
230		-	22 ~~and~~ the ~~clerk of~~ the ~~circuit court;~~ ~~and (2) a person who has~~
231		-	23 ~~been~~ appointed ~~to fill a vacancy in an office that is normally~~
232		-	24 ~~filled by election on a countywide basis, for~~ the ~~duration of~~
233		-	25 ~~his or her service in that office~~. ~~The terms "elected county~~
234		-	26 ~~officer" and "elected~~ ~~county office"~~ ~~do not include any~~
	185	+	HB4139- 5 -LRB103 34045 RPS 63862 b HB4139 - 5 - LRB103 34045 RPS 63862 b
	186	+	HB4139 - 5 - LRB103 34045 RPS 63862 b
	187	+	1 credit that does not qualify for this formula, his retirement
	188	+	2 annuity will first be determined in accordance with this
	189	+	3 formula with respect to the service to which this formula
	190	+	4 applies, and then in accordance with the remaining Sections of
	191	+	5 this Article with respect to the service to which this formula
	192	+	6 does not apply.
	193	+	7 (c) In lieu of the disability benefits otherwise payable
	194	+	8 under this Article, an elected county officer who (1) has
	195	+	9 elected to participate in the Fund, and (2) has become
	196	+	10 permanently disabled and as a consequence is unable to perform
	197	+	11 the duties of his office, and (3) was making optional
	198	+	12 contributions in accordance with this Section at the time the
	199	+	13 disability was incurred, may elect to receive a disability
	200	+	14 annuity calculated in accordance with the formula in
	201	+	15 subsection (b). For the purposes of this subsection, an
	202	+	16 elected county officer shall be considered permanently
	203	+	17 disabled only if: (i) disability occurs while in service as an
	204	+	18 elected county officer and is of such a nature as to prevent
	205	+	19 him from reasonably performing the duties of his office at the
	206	+	20 time; and (ii) the board has received a written certification
	207	+	21 by at least 2 licensed and practicing medical professionals
	208	+	22 with the authority to diagnose the condition or conditions for
	209	+	23 which disability benefits are sought physicians appointed by
	210	+	24 it stating that the officer is disabled and that the
	211	+	25 disability is likely to be permanent.
	212	+	26 (d) Refunds of additional optional contributions shall be
235	213
236	214
237	215
238	216
239	217
240		-	HB4139 ~~Engrossed - 7~~ - LRB103 34045 RPS 63862 b
	218	+	HB4139 - 5 - LRB103 34045 RPS 63862 b
241	219
242	220
243		-	HB4139 ~~Engrossed- 8~~ -LRB103 34045 RPS 63862 b HB4139 ~~Engrossed - 8~~ - LRB103 34045 RPS 63862 b
244		-	HB4139 ~~Engrossed - 8~~ - LRB103 34045 RPS 63862 b
245		-	1 ~~officer or office of a county that has not consented to~~ the
246		-	2 ~~availability of benefits~~ under ~~this Section~~ and ~~Section~~
247		-	3 ~~7-145.2.~~
248		-	4 ~~(g)~~ For ~~the purposes of this Section and Section 7-145~~.2,
249		-	5 ~~the term "salary" means the final rate of earnings for the~~
250		-	6 elected county office ~~held~~, ~~calculated in a manner consistent~~
251		-	7 ~~with Section 7-116, but for that~~ office ~~only. If an elected~~
252		-	8 ~~county officer qualifies~~ to ~~have the formula in subsection (b)~~
253		-	9 ~~applied to service in more than one elected county~~ office, a
254		-	10 ~~separate salary shall be calculated~~ and ~~applied with respect~~
255		-	11 to ~~each such office.~~
256		-	12 ~~(h)~~ The ~~changes to this Section made by this amendatory~~
257		-	13 ~~Act of the 91st General Assembly apply~~ to ~~persons who first~~
258		-	14 ~~make an additional optional contribution under~~ this ~~Section on~~
259		-	15 ~~or after the effective date of this amendatory Act.~~
260		-	16 ~~(i) Any elected county~~ officer ~~who was entitled~~ to ~~receive~~
261		-	17 ~~a stipend from the State on or after July 1,~~ ~~2009 and on or~~
262		-	18 ~~before June 30,~~ ~~2010 may establish earnings credit for the~~
263		-	19 ~~amount~~ of ~~stipend not received, if the elected county official~~
264		-	20 ~~applies in writing to~~ the ~~fund within 6 months after~~ the
265		-	21 ~~effective date of this amendatory Act of~~ the ~~96th General~~
266		-	22 ~~Assembly and pays to~~ the ~~fund an amount equal to (i) employee~~
267		-	23 ~~contributions on~~ the ~~amount of stipend not received, (ii)~~
268		-	24 ~~employer contributions determined by~~ the ~~Board equal to the~~
269		-	25 ~~employer's normal cost of~~ the ~~benefit on the amount of stipend~~
270		-	26 not ~~received, plus~~ (~~iii~~) ~~interest on items (i) and (ii) at the~~
	221	+	HB4139- 6 -LRB103 34045 RPS 63862 b HB4139 - 6 - LRB103 34045 RPS 63862 b
	222	+	HB4139 - 6 - LRB103 34045 RPS 63862 b
	223	+	1 made on the same basis and under the same conditions as
	224	+	2 provided under Section 7-166, 7-167 and 7-168. Interest shall
	225	+	3 be credited at the effective rate on the same basis and under
	226	+	4 the same conditions as for other contributions.
	227	+	5 If an elected county officer fails to hold that same
	228	+	6 elected county office for at least 8 years, he or she shall be
	229	+	7 entitled after leaving office to receive a refund of the
	230	+	8 additional optional contributions made with respect to that
	231	+	9 office, plus interest at the effective rate.
	232	+	10 (e) The plan of optional alternative benefits and
	233	+	11 contributions shall be available to persons who are elected
	234	+	12 county officers and active contributors to the Fund on or
	235	+	13 after November 15, 1994 and elected to establish alternative
	236	+	14 credit before the effective date of this amendatory Act of the
	237	+	15 97th General Assembly. A person who was an elected county
	238	+	16 officer and an active contributor to the Fund on November 15,
	239	+	17 1994 but is no longer an active contributor may apply to make
	240	+	18 additional optional contributions under this Section at any
	241	+	19 time within 90 days after the effective date of this
	242	+	20 amendatory Act of 1997; if the person is an annuitant, the
	243	+	21 resulting increase in annuity shall begin to accrue on the
	244	+	22 first day of the month following the month in which the
	245	+	23 required payment is received by the Fund.
	246	+	24 (f) For the purposes of this Section and Section 7-145.2,
	247	+	25 the terms "elected county officer" and "elected county office"
	248	+	26 include, but are not limited to: (1) the county clerk,
271	249
272	250
273	251
274	252
275	253
276		-	HB4139 ~~Engrossed - 8~~ - LRB103 34045 RPS 63862 b
	254	+	HB4139 - 6 - LRB103 34045 RPS 63862 b
277	255
278	256
279		-	HB4139 Engrossed- 9 -LRB103 34045 RPS 63862 b HB4139 Engrossed - 9 - LRB103 34045 RPS 63862 b
280		-	HB4139 Engrossed - 9 - LRB103 34045 RPS 63862 b
281		-	1 actuarially assumed rate.
282		-	2 (Source: P.A. 100-148, eff. 8-18-17.)
283		-	3 (40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)
284		-	4 Sec. 7-146. Temporary disability benefits; eligibility
285		-	5 benefits - Eligibility. Temporary disability benefits shall be
286		-	6 payable to participating employees as hereinafter provided.
287		-	7 (a) The participating employee shall be considered
288		-	8 temporarily disabled if:
289		-	9 1. He is unable to perform the duties of any position
290		-	10 which might reasonably be assigned to him by his employing
291		-	11 municipality or instrumentality thereof or participating
292		-	12 instrumentality due to mental or physical disability
293		-	13 caused by bodily injury or disease, other than as a result
294		-	14 of self-inflicted injury or addiction to narcotic drugs;
295		-	15 2. The Board has received written certifications from
296		-	16 at least one health care professional licensed and
297		-	17 practicing physician and the governing body of the
298		-	18 employing municipality or instrumentality thereof or
299		-	19 participating instrumentality stating that the employee
300		-	20 meets the conditions set forth in subparagraph 1 of this
301		-	21 paragraph (a).
302		-	22 (b) A temporary disability benefit shall be payable to a
303		-	23 temporarily disabled employee provided:
304		-	24 1. He:
	257	+	HB4139- 7 -LRB103 34045 RPS 63862 b HB4139 - 7 - LRB103 34045 RPS 63862 b
	258	+	HB4139 - 7 - LRB103 34045 RPS 63862 b
	259	+	1 recorder, treasurer, coroner, assessor (if elected), auditor,
	260	+	2 sheriff, and State's Attorney; members of the county board;
	261	+	3 and the clerk of the circuit court; and (2) a person who has
	262	+	4 been appointed to fill a vacancy in an office that is normally
	263	+	5 filled by election on a countywide basis, for the duration of
	264	+	6 his or her service in that office. The terms "elected county
	265	+	7 officer" and "elected county office" do not include any
	266	+	8 officer or office of a county that has not consented to the
	267	+	9 availability of benefits under this Section and Section
	268	+	10 7-145.2.
	269	+	11 (g) For the purposes of this Section and Section 7-145.2,
	270	+	12 the term "salary" means the final rate of earnings for the
	271	+	13 elected county office held, calculated in a manner consistent
	272	+	14 with Section 7-116, but for that office only. If an elected
	273	+	15 county officer qualifies to have the formula in subsection (b)
	274	+	16 applied to service in more than one elected county office, a
	275	+	17 separate salary shall be calculated and applied with respect
	276	+	18 to each such office.
	277	+	19 (h) The changes to this Section made by this amendatory
	278	+	20 Act of the 91st General Assembly apply to persons who first
	279	+	21 make an additional optional contribution under this Section on
	280	+	22 or after the effective date of this amendatory Act.
	281	+	23 (i) Any elected county officer who was entitled to receive
	282	+	24 a stipend from the State on or after July 1, 2009 and on or
	283	+	25 before June 30, 2010 may establish earnings credit for the
	284	+	26 amount of stipend not received, if the elected county official
	285	+
	286	+
	287	+
	288	+
	289	+
	290	+	HB4139 - 7 - LRB103 34045 RPS 63862 b
	291	+
	292	+
	293	+	HB4139- 8 -LRB103 34045 RPS 63862 b HB4139 - 8 - LRB103 34045 RPS 63862 b
	294	+	HB4139 - 8 - LRB103 34045 RPS 63862 b
	295	+	1 applies in writing to the fund within 6 months after the
	296	+	2 effective date of this amendatory Act of the 96th General
	297	+	3 Assembly and pays to the fund an amount equal to (i) employee
	298	+	4 contributions on the amount of stipend not received, (ii)
	299	+	5 employer contributions determined by the Board equal to the
	300	+	6 employer's normal cost of the benefit on the amount of stipend
	301	+	7 not received, plus (iii) interest on items (i) and (ii) at the
	302	+	8 actuarially assumed rate.
	303	+	9 (Source: P.A. 100-148, eff. 8-18-17.)
	304	+	10 (40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)
	305	+	11 Sec. 7-146. Temporary disability benefits; eligibility
	306	+	12 benefits - Eligibility. Temporary disability benefits shall be
	307	+	13 payable to participating employees as hereinafter provided.
	308	+	14 (a) The participating employee shall be considered
	309	+	15 temporarily disabled if:
	310	+	16 1. He is unable to perform the duties of any position
	311	+	17 which might reasonably be assigned to him by his employing
	312	+	18 municipality or instrumentality thereof or participating
	313	+	19 instrumentality due to mental or physical disability
	314	+	20 caused by bodily injury or disease, other than as a result
	315	+	21 of self-inflicted injury or addiction to narcotic drugs;
	316	+	22 2. The Board has received written certifications from
	317	+	23 at least one licensed and practicing medical professional
	318	+	24 with the authority to diagnose the condition or conditions
	319	+	25 for which a temporary disability benefit is sought
	320	+
	321	+
	322	+
	323	+
	324	+
	325	+	HB4139 - 8 - LRB103 34045 RPS 63862 b
	326	+
	327	+
	328	+	HB4139- 9 -LRB103 34045 RPS 63862 b HB4139 - 9 - LRB103 34045 RPS 63862 b
	329	+	HB4139 - 9 - LRB103 34045 RPS 63862 b
	330	+	1 physician and the governing body of the employing
	331	+	2 municipality or instrumentality thereof or participating
	332	+	3 instrumentality stating that the employee meets the
	333	+	4 conditions set forth in subparagraph 1 of this paragraph
	334	+	5 (a).
	335	+	6 (b) A temporary disability benefit shall be payable to a
	336	+	7 temporarily disabled employee provided:
	337	+	8 1. He:
	338	+	9 (i) has at least one year of service immediately
	339	+	10 preceding the date the temporary disability was
	340	+	11 incurred and has made contributions to the fund for at
	341	+	12 least the number of months of service normally
	342	+	13 required in his position during a 12-month period, or
	343	+	14 has at least 5 years of service credit, the last year
	344	+	15 of which immediately precedes such date; or
	345	+	16 (ii) had qualified under clause (i) above, but had
	346	+	17 an interruption in service of not more than 3 months in
	347	+	18 the 12 months preceding the date the temporary
	348	+	19 disability was incurred and was not paid a separation
	349	+	20 benefit; or
	350	+	21 (iii) had qualified under clause (i) above, but
	351	+	22 had an interruption after 20 or more years of
	352	+	23 creditable service, was not paid a separation benefit,
	353	+	24 and returned to service prior to the date the
	354	+	25 disability was incurred.
	355	+	26 Item (iii) of this subdivision shall apply to all
	356	+
	357	+
	358	+
	359	+
	360	+
	361	+	HB4139 - 9 - LRB103 34045 RPS 63862 b
	362	+
	363	+
	364	+	HB4139- 10 -LRB103 34045 RPS 63862 b HB4139 - 10 - LRB103 34045 RPS 63862 b
	365	+	HB4139 - 10 - LRB103 34045 RPS 63862 b
	366	+	1 employees whose disabilities were incurred on or after
	367	+	2 July 1, 1985, and any such employee who becomes eligible
	368	+	3 for a disability benefit under item (iii) shall be
	369	+	4 entitled to receive a lump sum payment of any accumulated
	370	+	5 disability benefits which may accrue from the date the
	371	+	6 disability was incurred until the effective date of this
	372	+	7 amendatory Act of 1987.
	373	+	8 Periods of qualified leave granted in compliance with
	374	+	9 the federal Family and Medical Leave Act shall be ignored
	375	+	10 for purposes of determining the number of consecutive
	376	+	11 months of employment under this subdivision (b)1.
	377	+	12 2. He has been temporarily disabled for at least 30
	378	+	13 days, except where a former temporary or permanent and
	379	+	14 total disability has reoccurred within 6 months after the
	380	+	15 employee has returned to service.
	381	+	16 3. He is receiving no earnings from a participating
	382	+	17 municipality or instrumentality thereof or participating
	383	+	18 instrumentality, except as allowed under subsection (f) of
	384	+	19 Section 7-152.
	385	+	20 4. He has not refused to submit to a reasonable
	386	+	21 physical examination by a licensed and practicing medical
	387	+	22 professional with the authority to diagnose the condition
	388	+	23 or conditions for which a temporary disability benefit is
	389	+	24 sought physician appointed by the Board.
	390	+	25 5. His disability is not the result of a mental or
	391	+	26 physical condition which existed on the earliest date of
	392	+
	393	+
	394	+
	395	+
	396	+
	397	+	HB4139 - 10 - LRB103 34045 RPS 63862 b
	398	+
	399	+
	400	+	HB4139- 11 -LRB103 34045 RPS 63862 b HB4139 - 11 - LRB103 34045 RPS 63862 b
	401	+	HB4139 - 11 - LRB103 34045 RPS 63862 b
	402	+	1 service from which he has uninterrupted service, including
	403	+	2 prior service, at the date of his disability, provided
	404	+	3 that this limitation is not applicable if the date of
	405	+	4 disability is after December 31, 2001, nor is it
	406	+	5 applicable to a participating employee who: (i) on the
	407	+	6 date of disability has 5 years of creditable service,
	408	+	7 exclusive of creditable service for periods of disability;
	409	+	8 or (ii) received no medical treatment for the condition
	410	+	9 for the 3 years immediately prior to such earliest date of
	411	+	10 service.
	412	+	11 6. He is not separated from the service of the
	413	+	12 participating municipality or instrumentality thereof or
	414	+	13 participating instrumentality which employed him on the
	415	+	14 date his temporary disability was incurred; for the
	416	+	15 purposes of payment of temporary disability benefits, a
	417	+	16 participating employee, whose employment relationship is
	418	+	17 terminated by his employing municipality, shall be deemed
	419	+	18 not to be separated from the service of his employing
	420	+	19 municipality or participating instrumentality if he
	421	+	20 continues disabled by the same condition and so long as he
	422	+	21 is otherwise entitled to such disability benefit.
	423	+	22 7. He has not failed or refused to consent to and sign
	424	+	23 an authorization allowing the Board to receive copies of
	425	+	24 or to examine his medical and hospital records.
	426	+	25 8. He has not failed or refused to provide complete
	427	+	26 information regarding any other employment for
	428	+
	429	+
	430	+
	431	+
	432	+
	433	+	HB4139 - 11 - LRB103 34045 RPS 63862 b
	434	+
	435	+
	436	+	HB4139- 12 -LRB103 34045 RPS 63862 b HB4139 - 12 - LRB103 34045 RPS 63862 b
	437	+	HB4139 - 12 - LRB103 34045 RPS 63862 b
	438	+	1 compensation he has received since becoming disabled.
	439	+	2 (Source: P.A. 101-151, eff. 7-26-19.)
	440	+	3 (40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149)
	441	+	4 Sec. 7-149. Temporary disability benefits; periodic
	442	+	5 benefits-Periodic checks.
	443	+	6 The Board shall conduct periodic checks to determine if
	444	+	7 any participating employee is disabled. Such checks may
	445	+	8 consist of periodic examinations by one or more licensed and
	446	+	9 practicing medical professionals with the authority to
	447	+	10 diagnose the condition or conditions for which temporary
	448	+	11 disability benefits have been granted a physician or
	449	+	12 physicians appointed by the Board, requiring the employee to
	450	+	13 submit evidence of continuing disability and such other
	451	+	14 investigations as the Board may deem appropriate. The
	452	+	15 following shall constitute prima facie prima-facie evidence of
	453	+	16 termination of temporary disability:
	454	+	17 (a) A written report by a licensed and practicing medical
	455	+	18 professional with the authority to diagnose the condition or
	456	+	19 conditions for which temporary disability benefits have been
	457	+	20 granted physician appointed by the Board stating that the
	458	+	21 temporary disability has ceased;
	459	+	22 (b) The earning of compensation by the employee from any
	460	+	23 source for personal services, in excess of 25% of the monthly
	461	+	24 rate of earnings upon which his disability benefits are based.
	462	+	25 (Source: Laws 1965, p. 1086.)
	463	+
	464	+
	465	+
	466	+
	467	+
	468	+	HB4139 - 12 - LRB103 34045 RPS 63862 b
	469	+
	470	+
	471	+	HB4139- 13 -LRB103 34045 RPS 63862 b HB4139 - 13 - LRB103 34045 RPS 63862 b
	472	+	HB4139 - 13 - LRB103 34045 RPS 63862 b
	473	+	1 (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
	474	+	2 Sec. 7-150. Total and permanent disability benefits;
	475	+	3 eligibility benefits - Eligibility. Total and permanent
	476	+	4 disability benefits shall be payable to participating
	477	+	5 employees as hereinafter provided, including those employees
	478	+	6 receiving disability benefit on July 1, 1962.
	479	+	7 (a) A participating employee shall be considered totally
	480	+	8 and permanently disabled if:
	481	+	9 1. He is unable to engage in any gainful activity
	482	+	10 because of any medically determinable physical or mental
	483	+	11 impairment which can be expected to result in death or be
	484	+	12 of a long continued and indefinite duration, other than as
	485	+	13 a result of self-inflicted injury or addiction to narcotic
	486	+	14 drugs;
	487	+	15 2. The Board has received a written certification by
	488	+	16 at least one 1 licensed and practicing medical
	489	+	17 professional with the authority to diagnose the condition
	490	+	18 or conditions for which disability benefits are sought
	491	+	19 physician stating that the employee meets the
	492	+	20 qualifications of subparagraph 1 of this paragraph (a).
	493	+	21 (b) A totally and permanently disabled employee is
	494	+	22 entitled to a permanent disability benefit provided:
	495	+	23 1. He has exhausted his temporary disability benefits.
	496	+	24 2. He:
305	497		25 (i) has at least one year of service immediately
306	498
307	499
308	500
309	501
310	502
311		-	HB4139 ~~Engrossed - 9~~ - LRB103 34045 RPS 63862 b
	503	+	HB4139 - 13 - LRB103 34045 RPS 63862 b
312	504
313	505
314		-	HB4139 ~~Engrossed- 10~~ -LRB103 34045 RPS 63862 b HB4139 ~~Engrossed - 10~~ - LRB103 34045 RPS 63862 b
315		-	HB4139 ~~Engrossed - 10~~ - LRB103 34045 RPS 63862 b
316		-	1 preceding the date the ~~temporary~~ disability was
317		-	2 ~~incurred and has~~ made contributions to the fund for at
318		-	3 ~~least the number~~ of months of service normally
319		-	4 ~~required in his position~~ during a 12-month period, or
320		-	5 ~~has at least 5 years of~~ service credit, the last year
321		-	6 ~~of which immediately precedes such~~ date; or
	506	+	HB4139- 14 -LRB103 34045 RPS 63862 b HB4139 - 14 - LRB103 34045 RPS 63862 b
	507	+	HB4139 - 14 - LRB103 34045 RPS 63862 b
	508	+	1 preceding the date the disability was incurred and has
	509	+	2 made contributions to the fund for at least the number
	510	+	3 of months of service normally required in his position
	511	+	4 during a 12 month period, or has at least 5 years of
	512	+	5 service credit, the last year of which immediately
	513	+	6 preceded the date the disability was incurred; or
322	514		7 (ii) had qualified under clause (i) above, but had
323	515		8 an interruption in service of not more than 3 months in
324	516		9 the 12 months preceding the date the temporary
325	517		10 disability was incurred and was not paid a separation
326	518		11 benefit; or
327	519		12 (iii) had qualified under clause (i) above, but
328	520		13 had an interruption after 20 or more years of
329	521		14 creditable service, was not paid a separation benefit,
330	522		15 and returned to service prior to the date the
331	523		16 disability was incurred.
332	524		17 Item (iii) of this subdivision shall apply to all
333	525		18 employees whose disabilities were incurred on or after
334	526		19 July 1, 1985, and any such employee who becomes eligible
335	527		20 for a disability benefit under item (iii) shall be
336	528		21 entitled to receive a lump sum payment of any accumulated
337	529		22 disability benefits which may accrue from the date the
338	530		23 disability was incurred until the effective date of this
339	531		24 amendatory Act of 1987.
340	532		25 Periods of qualified leave granted in compliance with
341	533		26 the federal Family and Medical Leave Act shall be ignored
342	534
343	535
344	536
345	537
346	538
347		-	HB4139 ~~Engrossed - 10~~ - LRB103 34045 RPS 63862 b
	539	+	HB4139 - 14 - LRB103 34045 RPS 63862 b
348	540
349	541
350		-	HB4139 ~~Engrossed- 11~~ -LRB103 34045 RPS 63862 b HB4139 ~~Engrossed - 11~~ - LRB103 34045 RPS 63862 b
351		-	HB4139 ~~Engrossed - 11~~ - LRB103 34045 RPS 63862 b
	542	+	HB4139- 15 -LRB103 34045 RPS 63862 b HB4139 - 15 - LRB103 34045 RPS 63862 b
	543	+	HB4139 - 15 - LRB103 34045 RPS 63862 b
352	544		1 for purposes of determining the number of consecutive
353		-	2 months of employment under this subdivision (b)1.
354		-	3 2. He ~~has been temporarily disabled for at least 30~~
355		-	4 ~~days, except where a former temporary~~ or ~~permanent and~~
356		-	5 ~~total disability has reoccurred within 6 months after the~~
357		-	6 ~~employee has returned to service~~.
358		-	7 3. He ~~is receiving no earnings from~~ a ~~participating~~
359		-	8 ~~municipality or instrumentality thereof or participating~~
360		-	9 ~~instrumentality, except as allowed under subsection (f) of~~
361		-	10 ~~Section 7-152.~~
362		-	11 4. ~~He has not refused to submit to a reasonable~~
363		-	12 ~~physical examination by~~ a ~~health care professional~~
364		-	13 ~~physician appointed by~~ the ~~Board.~~
365		-	14 ~~5. His disability is not the result of a mental or~~
366		-	15 ~~physical condition which existed on~~ the ~~earliest~~ date of
367		-	16 ~~service from which he has uninterrupted service,~~ ~~including~~
368		-	17 ~~prior service~~, ~~at the date of his~~ disability~~, provided~~
369		-	18 ~~that this limitation is not applicable if the date~~ of
370		-	19 ~~disability~~ is ~~after December 31,~~ ~~2001, nor is it~~
371		-	20 ~~applicable to a~~ participating ~~employee who:~~ ~~(i) on the~~
372		-	21 date ~~of disability has 5 years of creditable service,~~
373		-	22 ~~exclusive of creditable service~~ for ~~periods~~ of ~~disability;~~
374		-	23 ~~or (ii) received no medical treatment for the condition~~
375		-	24 ~~for the 3 years immediately prior to such earliest date of~~
376		-	25 ~~service.~~
377		-	26 ~~6. He is not~~ separated from the service of ~~the~~
	545	+	2 months of employment under this subdivision (b)2.
	546	+	3 3. He is receiving no earnings from a participating
	547	+	4 municipality or instrumentality thereof or participating
	548	+	5 instrumentality, except as allowed under subsection (f) of
	549	+	6 Section 7-152.
	550	+	7 4. He has not refused to submit to a reasonable
	551	+	8 physical examination by a licensed and practicing medical
	552	+	9 professional with the authority to diagnose the condition
	553	+	10 or conditions for which disability benefits are sought
	554	+	11 physician appointed by the Board.
	555	+	12 5. His disability is not the result of a mental or
	556	+	13 physical condition which existed on the earliest date of
	557	+	14 service from which he has uninterrupted service, including
	558	+	15 prior service, at the date of his disability, provided
	559	+	16 that this limitation shall not be applicable to a
	560	+	17 participating employee who, without receiving a disability
	561	+	18 benefit, receives 5 years of creditable service.
	562	+	19 6. He is not separated from the service of his
	563	+	20 employing participating municipality or instrumentality
	564	+	21 thereof or participating instrumentality on the date his
	565	+	22 temporary disability was incurred; for the purposes of
	566	+	23 payment of total and permanent disability benefits, a
	567	+	24 participating employee, whose employment relationship is
	568	+	25 terminated by his employing municipality, shall be deemed
	569	+	26 not to be separated from the service of his employing
378	570
379	571
380	572
381	573
382	574
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	575	+	HB4139 - 15 - LRB103 34045 RPS 63862 b
384	576
385	577
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387		-	HB4139 Engrossed - 12 - LRB103 34045 RPS 63862 b
388		-	1 participating municipality or instrumentality thereof or
389		-	2 participating instrumentality which employed him on the
390		-	3 date his temporary disability was incurred; for the
391		-	4 purposes of payment of temporary disability benefits, a
392		-	5 participating employee, whose employment relationship is
393		-	6 terminated by his employing municipality, shall be deemed
394		-	7 not to be separated from the service of his employing
395		-	8 municipality or participating instrumentality if he
396		-	9 continues disabled by the same condition and so long as he
397		-	10 is otherwise entitled to such disability benefit.
398		-	11 7. He has not failed or refused to consent to and sign
399		-	12 an authorization allowing the Board to receive copies of
400		-	13 or to examine his medical and hospital records.
401		-	14 8. He has not failed or refused to provide complete
402		-	15 information regarding any other employment for
403		-	16 compensation he has received since becoming disabled.
404		-	17 (Source: P.A. 101-151, eff. 7-26-19.)
405		-	18 (40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149)
406		-	19 Sec. 7-149. Temporary disability benefits; periodic
407		-	20 benefits-Periodic checks.
408		-	21 The Board shall conduct periodic checks to determine if
409		-	22 any participating employee is disabled. Such checks may
410		-	23 consist of periodic examinations by one or more health care
411		-	24 professionals a physician or physicians appointed by the
412		-	25 Board, requiring the employee to submit evidence of continuing
	578	+	HB4139- 16 -LRB103 34045 RPS 63862 b HB4139 - 16 - LRB103 34045 RPS 63862 b
	579	+	HB4139 - 16 - LRB103 34045 RPS 63862 b
	580	+	1 municipality or participating instrumentality if he
	581	+	2 continues disabled by the same condition and so long as he
	582	+	3 is otherwise entitled to such disability benefit.
	583	+	4 7. He has not refused to apply for a disability
	584	+	5 benefit under the Federal Social Security Act at the
	585	+	6 request of the Board.
	586	+	7 8. He has not failed or refused to consent to and sign
	587	+	8 an authorization allowing the Board to receive copies of
	588	+	9 or to examine his medical and hospital records.
	589	+	10 9. He has not failed or refused to provide complete
	590	+	11 information regarding any other employment for
	591	+	12 compensation he has received since becoming disabled.
	592	+	13 (c) A participating employee shall remain eligible and may
	593	+	14 make application for a total and permanent disability benefit
	594	+	15 within 90 days after the termination of his temporary
	595	+	16 disability benefits or within such longer period terminating
	596	+	17 at the end of the period during which his employing
	597	+	18 municipality is prevented from employing him by reason of any
	598	+	19 statutory prohibition.
	599	+	20 (Source: P.A. 101-151, eff. 7-26-19.)
	600	+	21 Section 99. Effective date. This Act takes effect upon
	601	+	22 becoming law.
413	602
414	603
415	604
416	605
417	606
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419		-
420		-
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422		-	HB4139 Engrossed - 13 - LRB103 34045 RPS 63862 b
423		-	1 disability and such other investigations as the Board may deem
424		-	2 appropriate. The following shall constitute prima facie
425		-	3 prima-facie evidence of termination of temporary disability:
426		-	4 (a) A written report by a health care professional
427		-	5 physician appointed by the Board stating that the temporary
428		-	6 disability has ceased;
429		-	7 (b) The earning of compensation by the employee from any
430		-	8 source for personal services, in excess of 25% of the monthly
431		-	9 rate of earnings upon which his disability benefits are based.
432		-	10 (Source: Laws 1965, p. 1086.)
433		-	11 (40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
434		-	12 Sec. 7-150. Total and permanent disability benefits;
435		-	13 eligibility benefits - Eligibility. Total and permanent
436		-	14 disability benefits shall be payable to participating
437		-	15 employees as hereinafter provided, including those employees
438		-	16 receiving disability benefit on July 1, 1962.
439		-	17 (a) A participating employee shall be considered totally
440		-	18 and permanently disabled if:
441		-	19 1. He is unable to engage in any gainful activity
442		-	20 because of any medically determinable physical or mental
443		-	21 impairment which can be expected to result in death or be
444		-	22 of a long continued and indefinite duration, other than as
445		-	23 a result of self-inflicted injury or addiction to narcotic
446		-	24 drugs;
447		-	25 2. The Board has received a written certification by
448		-
449		-
450		-
451		-
452		-
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454		-
455		-
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457		-	HB4139 Engrossed - 14 - LRB103 34045 RPS 63862 b
458		-	1 at least one health care professional 1 licensed and
459		-	2 practicing physician stating that the employee meets the
460		-	3 qualifications of subparagraph 1 of this paragraph (a).
461		-	4 (b) A totally and permanently disabled employee is
462		-	5 entitled to a permanent disability benefit provided:
463		-	6 1. He has exhausted his temporary disability benefits.
464		-	7 2. He:
465		-	8 (i) has at least one year of service immediately
466		-	9 preceding the date the disability was incurred and has
467		-	10 made contributions to the fund for at least the number
468		-	11 of months of service normally required in his position
469		-	12 during a 12 month period, or has at least 5 years of
470		-	13 service credit, the last year of which immediately
471		-	14 preceded the date the disability was incurred; or
472		-	15 (ii) had qualified under clause (i) above, but had
473		-	16 an interruption in service of not more than 3 months in
474		-	17 the 12 months preceding the date the temporary
475		-	18 disability was incurred and was not paid a separation
476		-	19 benefit; or
477		-	20 (iii) had qualified under clause (i) above, but
478		-	21 had an interruption after 20 or more years of
479		-	22 creditable service, was not paid a separation benefit,
480		-	23 and returned to service prior to the date the
481		-	24 disability was incurred.
482		-	25 Item (iii) of this subdivision shall apply to all
483		-	26 employees whose disabilities were incurred on or after
484		-
485		-
486		-
487		-
488		-
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490		-
491		-
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493		-	HB4139 Engrossed - 15 - LRB103 34045 RPS 63862 b
494		-	1 July 1, 1985, and any such employee who becomes eligible
495		-	2 for a disability benefit under item (iii) shall be
496		-	3 entitled to receive a lump sum payment of any accumulated
497		-	4 disability benefits which may accrue from the date the
498		-	5 disability was incurred until the effective date of this
499		-	6 amendatory Act of 1987.
500		-	7 Periods of qualified leave granted in compliance with
501		-	8 the federal Family and Medical Leave Act shall be ignored
502		-	9 for purposes of determining the number of consecutive
503		-	10 months of employment under this subdivision (b)2.
504		-	11 3. He is receiving no earnings from a participating
505		-	12 municipality or instrumentality thereof or participating
506		-	13 instrumentality, except as allowed under subsection (f) of
507		-	14 Section 7-152.
508		-	15 4. He has not refused to submit to a reasonable
509		-	16 physical examination by a health care professional
510		-	17 physician appointed by the Board.
511		-	18 5. His disability is not the result of a mental or
512		-	19 physical condition which existed on the earliest date of
513		-	20 service from which he has uninterrupted service, including
514		-	21 prior service, at the date of his disability, provided
515		-	22 that this limitation shall not be applicable to a
516		-	23 participating employee who, without receiving a disability
517		-	24 benefit, receives 5 years of creditable service.
518		-	25 6. He is not separated from the service of his
519		-	26 employing participating municipality or instrumentality
520		-
521		-
522		-
523		-
524		-
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526		-
527		-
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529		-	HB4139 Engrossed - 16 - LRB103 34045 RPS 63862 b
530		-	1 thereof or participating instrumentality on the date his
531		-	2 temporary disability was incurred; for the purposes of
532		-	3 payment of total and permanent disability benefits, a
533		-	4 participating employee, whose employment relationship is
534		-	5 terminated by his employing municipality, shall be deemed
535		-	6 not to be separated from the service of his employing
536		-	7 municipality or participating instrumentality if he
537		-	8 continues disabled by the same condition and so long as he
538		-	9 is otherwise entitled to such disability benefit.
539		-	10 7. He has not refused to apply for a disability
540		-	11 benefit under the Federal Social Security Act at the
541		-	12 request of the Board.
542		-	13 8. He has not failed or refused to consent to and sign
543		-	14 an authorization allowing the Board to receive copies of
544		-	15 or to examine his medical and hospital records.
545		-	16 9. He has not failed or refused to provide complete
546		-	17 information regarding any other employment for
547		-	18 compensation he has received since becoming disabled.
548		-	19 (c) A participating employee shall remain eligible and may
549		-	20 make application for a total and permanent disability benefit
550		-	21 within 90 days after the termination of his temporary
551		-	22 disability benefits or within such longer period terminating
552		-	23 at the end of the period during which his employing
553		-	24 municipality is prevented from employing him by reason of any
554		-	25 statutory prohibition.
555		-	26 (Source: P.A. 101-151, eff. 7-26-19.)
556		-
557		-
558		-
559		-
560		-
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562		-
563		-
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565		-	HB4139 Engrossed - 17 - LRB103 34045 RPS 63862 b
566		-
567		-
568		-
569		-
570		-
571		-	HB4139 Engrossed - 17 - LRB103 34045 RPS 63862 b
	607	+	HB4139 - 16 - LRB103 34045 RPS 63862 b