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SB1115 Enrolled LRB103 05946 RPS 50968 b AN ACT concerning public employee benefits.
*LRB10305946RPS59315a* Sen.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Chapin Rose Filed:
Section 5.
3/20/2023 10300SB1115sam001 LRB103 05946 RPS 59315 a AMENDMENT TO SENATE BILL 1115 AMENDMENT NO.
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Amend Senate Bill 1115 by replacing everything after the enacting clause with the following:
"Section 5.
and (2) the employee had completed 2 years of service at the time of disability, unless the disability is a result of an accident or the employee is a police officer who qualifies for the calculation under subsection (b) of Section 15-153.
and (2) the employee had completed 2 years of service at the time of disability, unless the disability is a result of an accident or the employee is a police officer who qualifies for the calculation under subsection (b) of Section 10300SB1115sam001 -2- LRB103 05946 RPS 59315 a 15-153.
SB1115 Enrolled - 2 - LRB103 05946 RPS 50968 b (i) a written certificate from one or more licensed and practicing physicians appointed by or acceptable to the board, stating that the employee is disabled and unable to reasonably perform the duties of his or her assigned position;
(i) a written certificate from one or more licensed and practicing physicians appointed by or acceptable to the board, stating that the employee is disabled and unable to reasonably perform the duties of his or her assigned position;
(iv) if the employee is a police officer applying for a line of duty disability, a written certification from one or more licensed and practicing physicians appointed by or acceptable to the board, stating that the disability qualifies as a line of duty disability under subsection (b) of Section 15-153.
(iv) if the employee is a police officer applying for a line of duty disability, a written certification from one or more licensed and practicing physicians appointed by or acceptable to the board, stating that the disability qualifies as a line of duty disability under subsection 10300SB1115sam001 -3- LRB103 05946 RPS 59315 a (b) of Section 15-153.
Costs incurred by a claimant in connection with completing a claim for disability benefits shall be paid (A) by the claimant, in the case of the one required medical examination, medical certificate, and employer's certificate and any other SB1115 Enrolled - 3 - LRB103 05946 RPS 50968 b requirements generally imposed by the board on all disability benefit claimants;
Costs incurred by a claimant in connection with completing a claim for disability benefits shall be paid (A) by the claimant, in the case of the one required medical examination, medical certificate, and employer's certificate and any other requirements generally imposed by the board on all disability benefit claimants;
(a) Except as provided in subsection (b), the The disability benefit shall be the greater of (1) 50% of the basic compensation which would have been paid had the participant continued in service for the entire period during which disability benefits are payable, excluding wage or salary increases subsequent to the date of disability or extra prospective earnings on a summer teaching contract or other extra service not yet entered upon or (2) 50% of the participant's average earnings during the 24 months immediately preceding the month in which disability occurs.
(a) Except as provided in subsection (b), the The disability benefit shall be the greater of (1) 50% of the basic compensation which would have been paid had the participant continued in service for the entire period during which disability benefits are payable, excluding wage or salary 10300SB1115sam001 -4- LRB103 05946 RPS 59315 a increases subsequent to the date of disability or extra prospective earnings on a summer teaching contract or other extra service not yet entered upon or (2) 50% of the participant's average earnings during the 24 months immediately preceding the month in which disability occurs.
In determining the disability benefit, the basic compensation of a participating employee on leave of absence or on lay-off SB1115 Enrolled - 4 - LRB103 05946 RPS 50968 b status shall be assumed to be equal to his or her basic compensation on the date the leave of absence or lay-off begins.
In determining the disability benefit, the basic compensation of a participating employee on leave of absence or on lay-off status shall be assumed to be equal to his or her basic compensation on the date the leave of absence or lay-off begins.
Any police officer who suffers a heart attack or stroke as a result of the performance and discharge of police duty shall be considered to have been injured in the performance of an act of duty and shall be eligible for the calculation of benefits provided for under this subsection (b).
10300SB1115sam001 -5- LRB103 05946 RPS 59315 a Any police officer who suffers a heart attack or stroke as a result of the performance and discharge of police duty shall be considered to have been injured in the performance of an act of duty and shall be eligible for the calculation of benefits provided for under this subsection (b).
A police officer shall be considered to be in the performance of an act of duty while on any assignment approved SB1115 Enrolled - 5 - LRB103 05946 RPS 50968 b by the police officer's chief, whether the assignment is on or off the employer's property.
A police officer shall be considered to be in the performance of an act of duty while on any assignment approved by the police officer's chief, whether the assignment is on or off the employer's property.
If the disability benefit is 50% of basic compensation under subsection (a) or 65% of basic compensation under subsection (b), payments during the academic year shall accrue over the period that the basic compensation would have been paid had the participant continued in service.
If the disability benefit is 50% of basic compensation under subsection (a) or 65% of basic compensation under subsection (b), payments during the academic year shall accrue 10300SB1115sam001 -6- LRB103 05946 RPS 59315 a over the period that the basic compensation would have been paid had the participant continued in service.
Disability benefits shall be paid as of SB1115 Enrolled - 6 - LRB103 05946 RPS 50968 b the end of each calendar month during which payments accrue.
Disability benefits shall be paid as of the end of each calendar month during which payments accrue.
A participant whose disability benefits are discontinued under the provisions of clause (6) of Section 15-152 and who is not a participant in the optional retirement plan established under Section 15-158.2 is entitled to a disability retirement annuity of 35% of the basic compensation which was payable to the participant at the time that disability began, provided that the board determines that the participant has a medically determinable physical or mental impairment that prevents him or her from engaging in any substantial gainful activity, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
A participant whose disability benefits are discontinued under the provisions of clause (6) of Section 15-152 and who is not a participant in the optional retirement plan established under Section 15-158.2 is entitled to a disability retirement annuity of 35% of the basic compensation which was payable to the participant at the time that disability began, provided that the board determines that the participant has a medically 10300SB1115sam001 -7- LRB103 05946 RPS 59315 a determinable physical or mental impairment that prevents him or her from engaging in any substantial gainful activity, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
A SB1115 Enrolled - 7 - LRB103 05946 RPS 50968 b participant whose disability benefits are discontinued under clause (6) of Section 15-152 and who is not a participant in the optional retirement plan established under Section 15-158.2 is entitled to a disability retirement annuity of 65% of the basic compensation that was payable to the participant at the time that disability began, provided that the board determines that the participant has a medically determinable physical or mental impairment that prevents him or her from engaging in any substantial gainful activity and can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.
A participant whose disability benefits are discontinued under clause (6) of Section 15-152 and who is not a participant in the optional retirement plan established under Section 15-158.2 is entitled to a disability retirement annuity of 65% of the basic compensation that was payable to the participant at the time that disability began, provided that the board determines that the participant has a medically determinable physical or mental impairment that prevents him or her from engaging in any substantial gainful activity and can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.
and (ii) any other medical examinations, hospital records, laboratory results, or other information necessary for determining the employment capacity and condition of the participant.
and (ii) any other medical examinations, hospital records, laboratory results, or other information necessary for 10300SB1115sam001 -8- LRB103 05946 RPS 59315 a determining the employment capacity and condition of the participant.
SB1115 Enrolled - 8 - LRB103 05946 RPS 50968 b (d) The disability retirement annuity payment period shall begin immediately following the expiration of the disability benefit payments under clause (6) of Section 15-152 and shall be discontinued for a recipient of a disability retirement annuity when (1) the physical or mental impairment no longer prevents the recipient from engaging in any substantial gainful activity, (2) the recipient dies, (3) the recipient elects to receive a retirement annuity under Sections 15-135 and 15-136, (4) the recipient refuses to submit to a reasonable physical examination by a physician approved by the board, or (5) the recipient fails to provide an earnings verification necessary to determine continuance of benefits.
(d) The disability retirement annuity payment period shall begin immediately following the expiration of the disability benefit payments under clause (6) of Section 15-152 and shall be discontinued for a recipient of a disability retirement annuity when (1) the physical or mental impairment no longer prevents the recipient from engaging in any substantial gainful activity, (2) the recipient dies, (3) the recipient elects to receive a retirement annuity under Sections 15-135 and 15-136, (4) the recipient refuses to submit to a reasonable physical examination by a physician approved by the board, or (5) the recipient fails to provide an earnings verification necessary to determine continuance of benefits.
(e) The board shall adopt rules governing the filing, investigation, control, and supervision of disability retirement annuity claims.
(e) The board shall adopt rules governing the filing, 10300SB1115sam001 -9- LRB103 05946 RPS 59315 a investigation, control, and supervision of disability retirement annuity claims.
and (B) by the System SB1115 Enrolled - 9 - LRB103 05946 RPS 50968 b in the case of any additional medical examination or other additional requirement imposed on a particular claimant that is not imposed generally on all disability retirement annuity claimants.
and (B) by the System in the case of any additional medical examination or other additional requirement imposed on a particular claimant that is not imposed generally on all disability retirement annuity claimants.
"New benefit increase", however, does not include any benefit increase resulting from the changes made to Article 1 or this Article by Public Act 100-23, Public Act 100-587, Public Act 100-769, Public Act 101-10, Public Act 101-610, Public Act 102-16, or this amendatory Act of the 103rd General Assembly this amendatory Act of the 102nd General Assembly.
"New benefit increase", however, does not include any benefit increase resulting from the changes made to Article 1 or this Article by Public Act 100-23, Public Act 100-587, Public Act 100-769, Public Act 101-10, Public Act 101-610, Public Act 102-16, or this 10300SB1115sam001 -10- LRB103 05946 RPS 59315 a amendatory Act of the 103rd General Assembly this amendatory Act of the 102nd General Assembly.
SB1115 Enrolled - 10 - LRB103 05946 RPS 50968 b (c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.
If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is 10300SB1115sam001 -11- LRB103 05946 RPS 59315 a made.
SB1115 Enrolled - 11 - LRB103 05946 RPS 50968 b (e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including, without limitation, a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including, without limitation, a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
This Act takes effect upon becoming law.
This Act takes effect upon becoming law.".