HB 1580 — PEN CD-SERS-DISABILITY

HB1580 EngrossedEnrolled LRB101 06623 RPS 51650 b AN ACT concerning public employee benefits.

(a) application is made within 12 months after the date HB1580 EngrossedEnrolled - 2 - LRB101 06623 RPS 51650 b that such disability results in the loss of pay, or 12 months after the date that the Illinois Workers' Compensation Commission rules on the application for an occupational disability, or 12 months after the occurrence of disablement if an occupational disease;

At the end of the month in which the benefits cease as HB1580 EngrossedEnrolled - 3 - LRB101 06623 RPS 51650 b prescribed in paragraphs (3) or (4) above, if the member is still disabled, he shall become entitled to a retirement annuity and the minimum period of service prescribed for the receipt of such annuity shall be waived.

(1) the agency responsible for determining the liability of the State (i) has formally denied all employer-paid temporary total disability benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act and an appeal of that denial is pending before the Illinois Workers' Compensation Commission, or (ii) has granted and then terminated for any reason an employer-paid temporary total disability benefit and the member has filed HB1580 EngrossedEnrolled - 4 - LRB101 06623 RPS 51650 b a petition for a emergency hearing under Section 19(b) or Section 19(b-1) of the Workers' Compensation Act or Section 19(b) or Section 19(b-1) of the Workers' Occupational Diseases Act;

In the case of termination of an employer-paid temporary HB1580 EngrossedEnrolled - 5 - LRB101 06623 RPS 51650 b total disability benefit, the temporary disability benefit under this Section shall be calculated from the day following the date of termination of the employer-paid benefit or the 31st day of absence from work on account of disability, whichever is later, but shall not become payable to the member until (i) the member's right to an employer-paid temporary total disability benefit is denied as a result of the emergency hearing held under Section 19(b) or Section 19(b-1) of the Workers' Compensation Act or Section 19(b) or Section 19(b-1) of the Workers' Occupational Diseases Act or (ii) the expiration of 30 150 days from the date of termination of the employer-paid benefit, whichever occurs first.

HB1580 EngrossedEnrolled - 6 - LRB101 06623 RPS 51650 b (2) the member engages in gainful employment;

for purposes of this item (6) only, in the case of a member to whom Section 14-108.2a or 14-108.2b applies and who, at the time disability commences, is performing services for the Illinois Department of Public Health or the Department of State Police relating to the transferred functions referred to in that Section and has less than 10 years of creditable service under this Article, the member's "total period of creditable service" shall be augmented by an amount equal to (i) one half of the member's period of creditable service in the Fund established under Article 8 (excluding any creditable HB1580 EngrossedEnrolled - 7 - LRB101 06623 RPS 51650 b service over 20 years), minus (ii) the amount of the member's creditable service under this Article;

The amount of temporary disability benefit payable under this Article shall not be reduced by reason of any increase in benefits payable under the Social Security Act HB1580 EngrossedEnrolled - 8 - LRB101 06623 RPS 51650 b which occurs after the reduction required by this paragraph has been applied.

(e) Any excess benefits paid under this Section shall be subject to recovery by the System from benefits payable under HB1580 EngrossedEnrolled - 9 - LRB101 06623 RPS 51650 b the Workers' Compensation Act or the Workers' Occupational Diseases Act or from third parties as provided in Section 14-129, or from any other benefits payable either to the member or on his behalf under this Article.

A member HB1580 EngrossedEnrolled - 10 - LRB101 06623 RPS 51650 b with at least 1 1/2 years of creditable service may be granted a nonoccupational disability benefit, if:

or (iii) if application by the member is delayed more than 90 days after the member's name is removed from the payroll, the date HB1580 EngrossedEnrolled - 11 - LRB101 06623 RPS 51650 b application is received by the system.

for purposes of this item (d) only, in the case of a member to whom Section 14-108.2a or 14-108.2b applies and who, at the time disability commences, is performing services for the Illinois Department of Public Health or the Department of State Police relating to the transferred functions referred to in that Section and has less than 10 years of creditable service under this Article, the member's "total period of creditable service" shall be augmented by an amount equal to (i) one half of the member's period of HB1580 EngrossedEnrolled - 12 - LRB101 06623 RPS 51650 b creditable service in the Fund established under Article 8 (excluding any creditable service over 20 years), minus (ii) the amount of the member's creditable service under this Article;

The board shall prescribe rules and regulations governing the filing of claims for nonoccupational disability benefits, HB1580 EngrossedEnrolled - 13 - LRB101 06623 RPS 51650 b and the investigation, control and supervision of such claims.

If a covered employee is eligible for a disability benefit HB1580 EngrossedEnrolled - 14 - LRB101 06623 RPS 51650 b before attaining the Social Security full retirement age 65 or a retirement benefit on or after attaining the Social Security full retirement age 65 under the Federal Social Security Act, the amount of the member's nonoccupational disability benefit shall be reduced by the amount of primary benefit the member would be eligible to receive under such Act, whether or not entitlement thereto came about as the result of service as a covered employee under this Article.

During any period of disability for which nonoccupational, occupational or temporary disability benefits are paid, there shall be credited to the account of the disabled member amounts representing the contributions the member would have made had he or she remained HB1580 EngrossedEnrolled - 15 - LRB101 06623 RPS 51650 b in active employment in the same position and at the rate of compensation in effect at the time disability occurred.