Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1421 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1421 Introduced 1/31/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-20740 ILCS 5/13-310 from Ch. 108 1/2, par. 13-31040 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706 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. LRB104 07674 RPS 17718 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1421 Introduced 1/31/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-20740 ILCS 5/13-310 from Ch. 108 1/2, par. 13-31040 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-207 40 ILCS 5/13-310 from Ch. 108 1/2, par. 13-310 40 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706 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. LRB104 07674 RPS 17718 b LRB104 07674 RPS 17718 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1421 Introduced 1/31/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-20740 ILCS 5/13-310 from Ch. 108 1/2, par. 13-31040 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-207 40 ILCS 5/13-310 from Ch. 108 1/2, par. 13-310 40 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706
44 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-207
55 40 ILCS 5/13-310 from Ch. 108 1/2, par. 13-310
66 40 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706
77 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.
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1313 1 AN ACT concerning public employee benefits.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Pension Code is amended by
1717 5 changing Sections 13-207, 13-310, and 13-706 as follows:
1818 6 (40 ILCS 5/13-207) (from Ch. 108 1/2, par. 13-207)
1919 7 Sec. 13-207. "Salary": The salary paid to an employee for
2020 8 service to the District or to the Board, including salary paid
2121 9 for vacation and sick leave and any amounts deferred under a
2222 10 deferred compensation plan established under this Code, but
2323 11 excluding (1) payment for unused vacation or sick leave, (2)
2424 12 overtime pay, (3) termination pay, and (4) any compensation in
2525 13 the form of benefits other than the salary. Salary for a member
2626 14 on a disability benefit is the salary on which the disability
2727 15 benefit is based.
2828 16 (Source: P.A. 90-12, eff. 6-13-97.)
2929 17 (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
3030 18 Sec. 13-310. Ordinary disability benefit.
3131 19 (a) Any employee who becomes disabled as the result of any
3232 20 cause other than injury or illness incurred in the performance
3333 21 of duty for the employer or any other employer, or while
3434 22 engaged in self-employment activities, shall be entitled to an
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1421 Introduced 1/31/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
3939 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-20740 ILCS 5/13-310 from Ch. 108 1/2, par. 13-31040 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-207 40 ILCS 5/13-310 from Ch. 108 1/2, par. 13-310 40 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706
4040 40 ILCS 5/13-207 from Ch. 108 1/2, par. 13-207
4141 40 ILCS 5/13-310 from Ch. 108 1/2, par. 13-310
4242 40 ILCS 5/13-706 from Ch. 108 1/2, par. 13-706
4343 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.
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7373 1 ordinary disability benefit. The eligible period for this
7474 2 benefit shall be 25% of the employee's total actual service
7575 3 prior to the date of disability with a cumulative maximum
7676 4 period of 5 years.
7777 5 (b) The benefit shall be allowed only if the employee
7878 6 files an application in writing with the Board that includes ,
7979 7 and a medical report is submitted by at least one licensed
8080 8 health care professional and the employee is examined, at
8181 9 least annually, by a licensed health care professional
8282 10 appointed by the Board as part of the employee's application.
8383 11 The benefit is not payable for any disability which begins
8484 12 during any period of unpaid leave of absence. No benefit shall
8585 13 be allowed for any period of disability prior to 30 days before
8686 14 application is made, unless the Board finds good cause for the
8787 15 delay in filing the application. The benefit shall not be paid
8888 16 during any period for which the employee receives or is
8989 17 entitled to receive any part of salary.
9090 18 The benefit is not payable for any disability which begins
9191 19 during any period of absence from duty other than allowable
9292 20 vacation time in any calendar year. An employee whose
9393 21 disability begins during any such ineligible period of absence
9494 22 from service may not receive benefits until the employee
9595 23 recovers from the disability and is in service for at least 15
9696 24 consecutive working days after such recovery.
9797 25 In the case of an employee who first enters service on or
9898 26 after June 13, 1997, an ordinary disability benefit is not
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109109 1 payable for the first 3 days of disability that would
110110 2 otherwise be payable under this Section if the disability does
111111 3 not continue for at least 11 additional days.
112112 4 Beginning on August 18, 2005 (the effective date of Public
113113 5 Act 94-621) this amendatory Act of the 94th General Assembly,
114114 6 an employee who first entered service on or after June 13, 1997
115115 7 is also eligible for ordinary disability benefits on the 31st
116116 8 day after the last day worked, provided all sick leave is
117117 9 exhausted.
118118 10 (c) The benefit shall be 50% of the employee's salary at
119119 11 the date of disability, and shall terminate when the earliest
120120 12 of the following occurs:
121121 13 (1) The employee returns to work or receives a
122122 14 retirement annuity paid wholly or in part under this
123123 15 Article;
124124 16 (2) The disability ceases;
125125 17 (3) The employee willfully and continuously refuses to
126126 18 follow medical advice and treatment to enable the employee
127127 19 to return to work. However, this provision does not apply
128128 20 to an employee who relies in good faith on treatment by
129129 21 prayer through spiritual means alone in accordance with
130130 22 the tenets and practice of a recognized church or
131131 23 religious denomination, by a duly accredited practitioner
132132 24 thereof;
133133 25 (4) The employee (i) refuses to submit to a reasonable
134134 26 physical examination within 30 days of application by a
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145145 1 licensed health care professional appointed by the Board,
146146 2 (ii) in the case of chronic alcoholism, the employee
147147 3 refuses to join a rehabilitation program licensed by the
148148 4 Department of Public Health of the State of Illinois and
149149 5 certified by the Joint Commission on the Accreditation of
150150 6 Hospitals, (iii) fails or refuses to consent to and sign
151151 7 an authorization allowing the Board to receive copies of
152152 8 or to examine the employee's medical and hospital records,
153153 9 or (iv) fails or refuses to provide complete information
154154 10 regarding any other employment for compensation he or she
155155 11 has received since becoming disabled; or
156156 12 (5) The eligibility eligible period for this benefit
157157 13 has been exhausted.
158158 14 The first payment of the benefit shall be made not later
159159 15 than one month after the same has been granted, and subsequent
160160 16 payments shall be made at least monthly.
161161 17 (Source: P.A. 102-210, eff. 7-30-21; 103-523, eff. 1-1-24;
162162 18 revised 7-17-24.)
163163 19 (40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
164164 20 Sec. 13-706. Board powers and duties. The Board shall have
165165 21 the powers and duties set forth in this Section, in addition to
166166 22 such other powers and duties as may be provided in this Article
167167 23 and in this Code:
168168 24 (a) To supervise collections. To see that all amounts
169169 25 specified in this Article to be applied to the Fund, from
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180180 1 any source, are collected and applied.
181181 2 (b) To notify of deductions. To notify the Clerk of
182182 3 the Water Reclamation District of the deductions to be
183183 4 made from the salaries of employees.
184184 5 (c) To accept gifts. To accept by gift, grant, bequest
185185 6 or otherwise any money or property of any kind and use the
186186 7 same for the purposes of the Fund.
187187 8 (d) To invest the reserves. To invest the reserves of
188188 9 the Fund in accordance with the provisions set forth in
189189 10 Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
190190 11 1-115 of this Code. Investments made in accordance with
191191 12 Section 1-113 of Article 1 of this Code shall be deemed
192192 13 prudent. The Board is also authorized to transfer
193193 14 securities to the Illinois State Board of Investment for
194194 15 the purpose of participation in any commingled investment
195195 16 fund as provided in Article 22A of this Code.
196196 17 (e) To authorize payments. To consider and pass upon
197197 18 all applications for annuities and benefits; to authorize
198198 19 or suspend the payment of any annuity or benefit; to
199199 20 inquire into the validity and legality of any grant of
200200 21 annuity or benefit paid from or payable out of the Fund; to
201201 22 increase, reduce, or suspend any such annuity or benefit
202202 23 whenever the annuity or benefit, or any part thereof, was
203203 24 secured or granted, or the amount thereof fixed, as the
204204 25 result of misrepresentation, fraud, or error. No such
205205 26 annuity or benefit shall be permanently reduced or
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216216 1 suspended until the affected annuitant or beneficiary is
217217 2 first notified of the proposed action and given an
218218 3 opportunity to be heard. No trustee of the Board shall
219219 4 vote upon that trustee's own personal claim for annuity,
220220 5 benefit or refund, or participate in the deliberations of
221221 6 the Board as to the validity of any such claim. The Board
222222 7 shall have exclusive original jurisdiction in all matters
223223 8 of claims for annuities, benefits and refunds.
224224 9 (f) To submit an annual report. To submit a report in
225225 10 July of each year to the Board of Commissioners of the
226226 11 Water Reclamation District as of the close of business on
227227 12 December 31st of the preceding year. The report shall
228228 13 include the following:
229229 14 (1) A balance sheet, showing the financial and
230230 15 actuarial condition of the Fund as of the end of the
231231 16 calendar year;
232232 17 (2) A statement of receipts and disbursements
233233 18 during such year;
234234 19 (3) A statement showing changes in the asset,
235235 20 liability, reserve and surplus accounts during such
236236 21 year;
237237 22 (4) A detailed statement of investments as of the
238238 23 end of the year; and
239239 24 (5) Any additional information as is deemed
240240 25 necessary for proper interpretation of the condition
241241 26 of the Fund.
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252252 1 (g) To subpoena witnesses and compel the production of
253253 2 records. To issue subpoenas to compel the attendance of
254254 3 witnesses to testify before the Board and to compel the
255255 4 production of documents and records upon any matter
256256 5 concerning the Fund, including, but not limited to, in
257257 6 conjunction with:
258258 7 (1) a disability claim;
259259 8 (2) an administrative review proceeding;
260260 9 (3) an attempt to obtain information to assist in
261261 10 the collection of sums due to the Fund;
262262 11 (4) obtaining any and all personal identifying
263263 12 information necessary for the administration of
264264 13 benefits;
265265 14 (5) the determination of the death of a benefit
266266 15 recipient or a potential benefit recipient; or
267267 16 (6) a felony forfeiture investigation.
268268 17 The fees of witnesses for attendance and travel shall be
269269 18 the same as the fees of witnesses before the circuit courts of
270270 19 this State and shall be paid by the party seeking the subpoena.
271271 20 The Board may apply to any circuit court in the State for an
272272 21 order requiring compliance with a subpoena issued under this
273273 22 Section. Subpoenas issued under this Section shall be subject
274274 23 to the applicable provisions of the Code of Civil Procedure.
275275 24 The President or other members of the Board may administer
276276 25 oaths to witnesses. To compel witnesses to attend and testify
277277 26 before it upon any matter concerning the Fund and allow
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288288 1 witness fees not in excess of $6 for attendance upon any one
289289 2 day. The President and other members of the Board may
290290 3 administer oaths to witnesses.
291291 4 (h) To appoint employees and consultants. To appoint
292292 5 such actuarial, medical, legal, investigational, clerical
293293 6 or financial employees and consultants as are necessary,
294294 7 and fix their compensation.
295295 8 (i) To make rules. To make rules and regulations
296296 9 necessary for the administration of the affairs of the
297297 10 Fund.
298298 11 (j) To waive guardianship. To waive the requirement of
299299 12 legal guardianship of a person under legal disability or
300300 13 any minor unmarried beneficiary of the Fund for a
301301 14 representative managing such person or beneficiary's
302302 15 affairs, whenever the Board deems such waiver to be in the
303303 16 best interest of the person or beneficiary.
304304 17 (k) To collect amounts due. To collect any amounts due
305305 18 to the Fund from any participant or beneficiary prior to
306306 19 payment of any annuity, benefit or refund.
307307 20 (l) To invoke rule of offset. To offset against any
308308 21 amount payable to an employee or to any other person such
309309 22 sums as may be due to the Fund or may have been paid by the
310310 23 Fund due to misrepresentation, fraud or error.
311311 24 (m) To assess and collect interest on amounts due to
312312 25 the Fund using the annual rate as shall from time to time
313313 26 be determined by the Board, compounded annually from the
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