HB 4139 — PEN CD-IMRF-DISABILITY BENEFIT

(2) For service as an elected county officer before the option is elected, an additional contribution of 3% of the salary for the applicable period of service, plus interest at the effective rate from the date of service to HB4139 - 3 - LRB103 34045 RPS 63862 b the date of payment, plus any additional amount required by the county board under paragraph (3).

Payment must be received by the Board while the member is an active participant, except that one payment will be HB4139 Engrossed - 4 - LRB103 34045 RPS 63862 b permitted after termination of participation.

HB4139 - 4 - LRB103 34045 RPS 63862 b (b) In lieu of the retirement annuity otherwise payable under this Article, an elected county officer who (1) has elected to participate in the Fund and make additional optional contributions in accordance with this Section, (2) has held and made additional optional contributions with HB4139 Engrossed - 5 - LRB103 34045 RPS 63862 b respect to the same elected county office for at least 8 years, and (3) has attained age 55 with at least 8 years of service credit (or has attained age 50 with at least 20 years of service as a sheriff's law enforcement employee) may elect to have his retirement annuity computed as follows:

To the extent that the elected county officer has service HB4139 - 5 - LRB103 34045 RPS 63862 b credit that does not qualify for this formula, his retirement annuity will first be determined in accordance with this formula with respect to the service to which this formula applies, and then in accordance with the remaining Sections of this Article with respect to the service to which this formula HB4139 Engrossed - 6 - LRB103 34045 RPS 63862 b does not apply.

and (ii) the board has received a written certification by at least 2 licensedhealth andcare practicing medical professionals withlicensed the authority to diagnose the condition or conditions for which disability benefits are sought physicians appointed by it stating that the officer is disabled and that the disability is likely to be permanent.

(d) Refunds of additional optional contributions shall be HB4139 - 6 - LRB103 34045 RPS 63862 b made on the same basis and under the same conditions as provided under Section 7-166, 7-167 and 7-168.

If an elected county officer fails to hold that same elected county office for at least 8 years, he or she shall be entitled after leaving office to receive a refund of the HB4139 Engrossed - 7 - LRB103 34045 RPS 63862 b additional optional contributions made with respect to that office, plus interest at the effective rate.

(1) the county clerk, HB4139 - 7 - LRB103 34045 RPS 63862 b recorder, treasurer, coroner, assessor (if elected), auditor, sheriff, and State's Attorney;

The terms "elected county officer" and "elected county office" do not include any HB4139 Engrossed - 8 - LRB103 34045 RPS 63862 b officer or office of a county that has not consented to the availability of benefits under this Section and Section 7-145.2.

(i) Any elected county officer who was entitled to receive a stipend from the State on or after July 1, 2009 and on or before June 30, 2010 may establish earnings credit for the amount of stipend not received, if the elected county official HB4139 - 8 - LRB103 34045 RPS 63862 b applies in writing to the fund within 6 months after the effective date of this amendatory Act of the 96th General Assembly and pays to the fund an amount equal to (i) employee contributions on the amount of stipend not received, (ii) employer contributions determined by the Board equal to the employer's normal cost of the benefit on the amount of stipend not received, plus (iii) interest on items (i) and (ii) at the HB4139 Engrossed - 9 - LRB103 34045 RPS 63862 b actuarially assumed rate.

The Board has received written certifications from at least one licensedhealth andcare practicing medical professional withlicensed theand authoritypracticing to diagnose the condition or conditions for which a temporary disability benefit is sought HB4139 - 9 - LRB103 34045 RPS 63862 b physician and the governing body of the employing municipality or instrumentality thereof or participating instrumentality stating that the employee meets the conditions set forth in subparagraph 1 of this paragraph (a).

(i) has at least one year of service immediately HB4139 Engrossed - 10 - LRB103 34045 RPS 63862 b preceding the date the temporary disability was incurred and has made contributions to the fund for at least the number of months of service normally required in his position during a 12-month period, or has at least 5 years of service credit, the last year of which immediately precedes such date;

Item (iii) of this subdivision shall apply to all HB4139 - 10 - LRB103 34045 RPS 63862 b employees whose disabilities were incurred on or after July 1, 1985, and any such employee who becomes eligible for a disability benefit under item (iii) shall be entitled to receive a lump sum payment of any accumulated disability benefits which may accrue from the date the disability was incurred until the effective date of this amendatory Act of 1987.

Periods of qualified leave granted in compliance with the federal Family and Medical Leave Act shall be ignored HB4139 Engrossed - 11 - LRB103 34045 RPS 63862 b for purposes of determining the number of consecutive months of employment under this subdivision (b)1.

He has not refused to submit to a reasonable physical examination by a licensedhealth andcare practicing medical professional with the authority to diagnose the condition or conditions for which a temporary disability benefit is sought physician appointed by the Board.

His disability is not the result of a mental or physical condition which existed on the earliest date of HB4139 - 11 - LRB103 34045 RPS 63862 b service from which he has uninterrupted service, including prior service, at the date of his disability, provided that this limitation is not applicable if the date of disability is after December 31, 2001, nor is it applicable to a participating employee who:

He is not separated from the service of the HB4139 Engrossed - 12 - LRB103 34045 RPS 63862 b participating municipality or instrumentality thereof or participating instrumentality which employed him on the date his temporary disability was incurred;

He has not failed or refused to provide complete information regarding any other employment for HB4139 - 12 - LRB103 34045 RPS 63862 b compensation he has received since becoming disabled.

Such checks may consist of periodic examinations by one or more licensedhealth andcare practicing medical professionals with the authority to diagnose the condition or conditions for which temporary disability benefits have been granted a physician or physicians appointed by the Board, requiring the employee to submit evidence of continuing HB4139 Engrossed - 13 - LRB103 34045 RPS 63862 b disability and such other investigations as the Board may deem appropriate.

(a) A written report by a licensedhealth andcare practicing medical professional with the authority to diagnose the condition or conditions for which temporary disability benefits have been granted physician appointed by the Board stating that the temporary disability has ceased;

1086.) HB4139 - 13 - LRB103 34045 RPS 63862 b (40 ILCS 5/7-150) (from Ch.

The Board has received a written certification by atHB4139 leastEngrossed one- 114 licensed- andLRB103 practicing34045 medicalRPS professional63862 withb theat authorityleast toone diagnosehealth thecare conditionprofessional or1 conditionslicensed forand whichpracticing disability benefits are sought physician stating that the employee meets the qualifications of subparagraph 1 of this paragraph (a).

(i) has at least one year of service immediately HB4139 - 14 - LRB103 34045 RPS 63862 b preceding the date the disability was incurred and has made contributions to the fund for at least the number of months of service normally required in his position during a 12 month period, or has at least 5 years of service credit, the last year of which immediately preceded the date the disability was incurred;

Item (iii) of this subdivision shall apply to all employees whose disabilities were incurred on or after HB4139 Engrossed - 15 - LRB103 34045 RPS 63862 b July 1, 1985, and any such employee who becomes eligible for a disability benefit under item (iii) shall be entitled to receive a lump sum payment of any accumulated disability benefits which may accrue from the date the disability was incurred until the effective date of this amendatory Act of 1987.

Periods of qualified leave granted in compliance with the federal Family and Medical Leave Act shall be ignored HB4139 - 15 - LRB103 34045 RPS 63862 b for purposes of determining the number of consecutive months of employment under this subdivision (b)2.

He has not refused to submit to a reasonable physical examination by a licensedhealth andcare practicing medical professional with the authority to diagnose the condition or conditions for which disability benefits are sought physician appointed by the Board.

He is not separated from the service of his employing participating municipality or instrumentality HB4139 Engrossed - 16 - LRB103 34045 RPS 63862 b thereof or participating instrumentality on the date his temporary disability was incurred;

for the purposes of payment of total and permanent disability benefits, a participating employee, whose employment relationship is terminated by his employing municipality, shall be deemed not to be separated from the service of his employing HB4139 - 16 - LRB103 34045 RPS 63862 b municipality or participating instrumentality if he continues disabled by the same condition and so long as he is otherwise entitled to such disability benefit.

7-26-19.) HB4139 Engrossed - 17 - LRB103 34045 RPS 63862 b Section 99.