Bill Text: IL HB3446 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. In a provision concerning eligibility for temporary disability benefits or total and permanent disability benefits, removes a requirement that an interruption in service for a specified period must have been with the same participating municipality or participating instrumentality. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-07-26 - Public Act . . . . . . . . . 101-0151 [HB3446 Detail]

Download: Illinois-2019-HB3446-Chaptered.html

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Public Act 101-0151
HB3446 Enrolled LRB101 09924 RPS 55026 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Sections 7-146 and 7-150 as follows:
(40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)
Sec. 7-146. Temporary disability benefits - Eligibility.
Temporary disability benefits shall be payable to
participating employees as hereinafter provided.
(a) The participating employee shall be considered
temporarily disabled if:
1. He is unable to perform the duties of any position
which might reasonably be assigned to him by his employing
municipality or instrumentality thereof or participating
instrumentality due to mental or physical disability
caused by bodily injury or disease, other than as a result
of self-inflicted injury or addiction to narcotic drugs;
2. The Board has received written certifications from
at least one licensed and practicing 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).

(b) A temporary disability benefit shall be payable to a
temporarily disabled employee provided:
1. He:
(i) has at least one year of service immediately
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; or
(ii) had qualified under clause (i) above, but had
an interruption in service with the same participating
municipality or participating instrumentality of not
more than 3 months in the 12 months preceding the date
the temporary disability was incurred and was not paid
a separation benefit; or
(iii) had qualified under clause (i) above, but had
an interruption after 20 or more years of creditable
service, was not paid a separation benefit, and
returned to service prior to the date the disability
was incurred.
Item (iii) of this subdivision shall apply to all
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
for purposes of determining the number of consecutive
months of employment under this subdivision (b)1.
2. He has been temporarily disabled for at least 30
days, except where a former temporary or permanent and
total disability has reoccurred within 6 months after the
employee has returned to service.
3. He is receiving no earnings from a participating
municipality or instrumentality thereof or participating
instrumentality, except as allowed under subsection (f) of
Section 7-152.
4. He has not refused to submit to a reasonable
physical examination by a physician appointed by the Board.
5. His disability is not the result of a mental or
physical condition which existed on the earliest date of
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: (i) on the date of disability
has 5 years of creditable service, exclusive of creditable
service for periods of disability; or (ii) received no

medical treatment for the condition for the 3 years
immediately prior to such earliest date of service.
6. He is not separated from the service of the
participating municipality or instrumentality thereof or
participating instrumentality which employed him on the
date his temporary disability was incurred; for the
purposes of payment of temporary 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
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. He has not failed or refused to consent to and sign
an authorization allowing the Board to receive copies of or
to examine his medical and hospital records.
8. He has not failed or refused to provide complete
information regarding any other employment for
compensation he has received since becoming disabled.
(Source: P.A. 97-415, eff. 8-16-11; 98-218, eff. 8-9-13.)
(40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
Sec. 7-150. Total and permanent disability benefits -
Eligibility. Total and permanent disability benefits shall be
payable to participating employees as hereinafter provided,
including those employees receiving disability benefit on July

1, 1962.
(a) A participating employee shall be considered totally
and permanently disabled if:
1. He is unable to engage in any gainful activity
because of any medically determinable physical or mental
impairment which can be expected to result in death or be
of a long continued and indefinite duration, other than as
a result of self-inflicted injury or addiction to narcotic
drugs;
2. The Board has received a written certification by at
least 1 licensed and practicing physician stating that the
employee meets the qualifications of subparagraph 1 of this
paragraph (a).
(b) A totally and permanently disabled employee is entitled
to a permanent disability benefit provided:
1. He has exhausted his temporary disability benefits.
2. He:
(i) has at least one year of service immediately
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; or
(ii) had qualified under clause (i) above, but had
an interruption in service with the same participating

municipality or participating instrumentality of not
more than 3 months in the 12 months preceding the date
the temporary disability was incurred and was not paid
a separation benefit; or
(iii) had qualified under clause (i) above, but had
an interruption after 20 or more years of creditable
service, was not paid a separation benefit, and
returned to service prior to the date the disability
was incurred.
Item (iii) of this subdivision shall apply to all
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
for purposes of determining the number of consecutive
months of employment under this subdivision (b)2.
3. He is receiving no earnings from a participating
municipality or instrumentality thereof or participating
instrumentality, except as allowed under subsection (f) of
Section 7-152.
4. He has not refused to submit to a reasonable

physical examination by a physician appointed by the Board.
5. His disability is not the result of a mental or
physical condition which existed on the earliest date of
service from which he has uninterrupted service, including
prior service, at the date of his disability, provided that
this limitation shall not be applicable to a participating
employee who, without receiving a disability benefit,
receives 5 years of creditable service.
6. He is not separated from the service of his
employing participating municipality or instrumentality
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
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. He has not refused to apply for a disability benefit
under the Federal Social Security Act at the request of the
Board.
8. He has not failed or refused to consent to and sign
an authorization allowing the Board to receive copies of or
to examine his medical and hospital records.
9. He has not failed or refused to provide complete

information regarding any other employment for
compensation he has received since becoming disabled.
(c) A participating employee shall remain eligible and may
make application for a total and permanent disability benefit
within 90 days after the termination of his temporary
disability benefits or within such longer period terminating at
the end of the period during which his employing municipality
is prevented from employing him by reason of any statutory
prohibition.
(Source: P.A. 97-415, eff. 8-16-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.