Bill Text: IL HB4139 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Changes references from "medical professional" to "health care professional". Provides that "health care professional" means a person currently licensed as a physician, advanced practice registered nurse, clinical psychologist, or physician assistant diagnosing the condition or conditions for which disability benefits are sought in accordance with the person's level of education, training, and licensure. Defines "advanced practice registered nurse", "clinical psychologist", "physician", and "physician assistant". Makes conforming changes.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed) 2024-04-18 - Referred to Assignments [HB4139 Detail]

Download: Illinois-2023-HB4139-Engrossed.html

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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 adding
Sections 7-130.1, 7-130.2, 7-130.3, 7-130.4, and 7-130.5 and
by changing Sections 7-145.1, 7-146, 7-149, and 7-150 as
follows:
(40 ILCS 5/7-130.1 new)
Sec. 7-130.1. Advanced practice registered nurse.
"Advanced practice registered nurse": a person licensed as an
advanced practice registered nurse under the Nurse Practice
Act.
(40 ILCS 5/7-130.2 new)
Sec. 7-130.2. Clinical psychologist. "Clinical
psychologist": a person licensed under the Clinical
Psychologist Licensing Act.
(40 ILCS 5/7-130.3 new)
Sec. 7-130.3. Health care professional. "Health care
professional": a person currently licensed as a physician,
advanced practice registered nurse, clinical psychologist, or
physician assistant diagnosing the condition or conditions for

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which disability benefits are sought in accordance with the
person's level of education, training, and licensure.
(40 ILCS 5/7-130.4 new)
Sec. 7-130.4. Physician. "Physician": a person licensed to
practice medicine in all its branches under the Medical
Practice Act of 1987.
(40 ILCS 5/7-130.5 new)
Sec. 7-130.5. Physician assistant. "Physician assistant":
a person licensed under the Physician Assistant Practice Act
of 1987.
(40 ILCS 5/7-145.1)
Sec. 7-145.1. Alternative annuity for county officers.
(a) The benefits provided in this Section and Section
7-145.2 are available only if, prior to the effective date of
this amendatory Act of the 97th General Assembly, the county
board has filed with the Board of the Fund a resolution or
ordinance expressly consenting to the availability of these
benefits for its elected county officers. The county board's
consent is irrevocable with respect to persons participating
in the program, but may be revoked at any time with respect to
persons who have not paid an additional optional contribution
under this Section before the date of revocation.
An elected county officer may elect to establish

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alternative credits for an alternative annuity by electing in
writing before the effective date of this amendatory Act of
the 97th General Assembly to make additional optional
contributions in accordance with this Section and procedures
established by the board. These alternative credits are
available only for periods of service as an elected county
officer. The elected county officer may discontinue making the
additional optional contributions by notifying the Fund in
writing in accordance with this Section and procedures
established by the board.
Additional optional contributions for the alternative
annuity shall be as follows:
(1) For service as an elected county officer after the
option is elected, an additional contribution of 3% of
salary shall be contributed to the Fund on the same basis
and under the same conditions as contributions required
under Section 7-173.
(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
the date of payment, plus any additional amount required
by the county board under paragraph (3). All payments for
past service must be paid in full before credit is given.
Payment must be received by the Board while the member is
an active participant, except that one payment will be

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permitted after termination of participation.
(3) With respect to service as an elected county
officer before the option is elected, if payment is made
after the county board has filed with the Board of the Fund
a resolution or ordinance requiring an additional
contribution under this paragraph, then the contribution
required under paragraph (2) shall include an amount to be
determined by the Fund, equal to the actuarial present
value of the additional employer cost that would otherwise
result from the alternative credits being established for
that service. A county board's resolution or ordinance
requiring additional contributions under this paragraph
(3) is irrevocable. Payment must be received by the Board
while the member is an active participant, except that one
payment will be permitted after termination of
participation.
No additional optional contributions may be made for any
period of service for which credit has been previously
forfeited by acceptance of a refund, unless the refund is
repaid in full with interest at the effective rate from the
date of refund to the date of repayment.
(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

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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: 3% of the
participant's salary for each of the first 8 years of service
credit, plus 4% of that salary for each of the next 4 years of
service credit, plus 5% of that salary for each year of service
credit in excess of 12 years, subject to a maximum of 80% of
that salary.
This formula applies only to service in an elected county
office that the officer held for at least 8 years, and only to
service for which additional optional contributions have been
paid under this Section. If an elected county officer
qualifies to have this formula applied to service in more than
one elected county office, the qualifying service shall be
accumulated for purposes of determining the applicable accrual
percentages, but the salary used for each office shall be the
separate salary calculated for that office, as defined in
subsection (g).
To the extent that the elected county officer has service
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

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does not apply.
(c) In lieu of the disability benefits otherwise payable
under this Article, an elected county officer who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform
the duties of his office, and (3) was making optional
contributions in accordance with this Section at the time the
disability was incurred, may elect to receive a disability
annuity calculated in accordance with the formula in
subsection (b). For the purposes of this subsection, an
elected county officer shall be considered permanently
disabled only if: (i) disability occurs while in service as an
elected county officer and is of such a nature as to prevent
him from reasonably performing the duties of his office at the
time; and (ii) the board has received a written certification
by at least 2 health care professionals licensed 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
made on the same basis and under the same conditions as
provided under Section 7-166, 7-167 and 7-168. Interest shall
be credited at the effective rate on the same basis and under
the same conditions as for other contributions.
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

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additional optional contributions made with respect to that
office, plus interest at the effective rate.
(e) The plan of optional alternative benefits and
contributions shall be available to persons who are elected
county officers and active contributors to the Fund on or
after November 15, 1994 and elected to establish alternative
credit before the effective date of this amendatory Act of the
97th General Assembly. A person who was an elected county
officer and an active contributor to the Fund on November 15,
1994 but is no longer an active contributor may apply to make
additional optional contributions under this Section at any
time within 90 days after the effective date of this
amendatory Act of 1997; if the person is an annuitant, the
resulting increase in annuity shall begin to accrue on the
first day of the month following the month in which the
required payment is received by the Fund.
(f) For the purposes of this Section and Section 7-145.2,
the terms "elected county officer" and "elected county office"
include, but are not limited to: (1) the county clerk,
recorder, treasurer, coroner, assessor (if elected), auditor,
sheriff, and State's Attorney; members of the county board;
and the clerk of the circuit court; and (2) a person who has
been appointed to fill a vacancy in an office that is normally
filled by election on a countywide basis, for the duration of
his or her service in that office. The terms "elected county
officer" and "elected county office" do not include any

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officer or office of a county that has not consented to the
availability of benefits under this Section and Section
7-145.2.
(g) For the purposes of this Section and Section 7-145.2,
the term "salary" means the final rate of earnings for the
elected county office held, calculated in a manner consistent
with Section 7-116, but for that office only. If an elected
county officer qualifies to have the formula in subsection (b)
applied to service in more than one elected county office, a
separate salary shall be calculated and applied with respect
to each such office.
(h) The changes to this Section made by this amendatory
Act of the 91st General Assembly apply to persons who first
make an additional optional contribution under this Section on
or after the effective date of this amendatory Act.
(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
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

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actuarially assumed rate.
(Source: P.A. 100-148, eff. 8-18-17.)
(40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)
Sec. 7-146. Temporary disability benefits; eligibility
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 health care professional 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

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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 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

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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 health care professional
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

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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. 101-151, eff. 7-26-19.)
(40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149)
Sec. 7-149. Temporary disability benefits; periodic
benefits-Periodic checks.
The Board shall conduct periodic checks to determine if
any participating employee is disabled. Such checks may
consist of periodic examinations by one or more health care
professionals a physician or physicians appointed by the
Board, requiring the employee to submit evidence of continuing

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disability and such other investigations as the Board may deem
appropriate. The following shall constitute prima facie
prima-facie evidence of termination of temporary disability:
(a) A written report by a health care professional
physician appointed by the Board stating that the temporary
disability has ceased;
(b) The earning of compensation by the employee from any
source for personal services, in excess of 25% of the monthly
rate of earnings upon which his disability benefits are based.
(Source: Laws 1965, p. 1086.)
(40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
Sec. 7-150. Total and permanent disability benefits;
eligibility 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

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at least one health care professional 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 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

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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 health care professional
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

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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. 101-151, eff. 7-26-19.)

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