Public Act 103-0080

SB1115 Enrolled LRB103 05946 RPS 50968 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 15-150, 15-153, 15-153.2, and 15-198 as

follows:

(40 ILCS 5/15-150) (from Ch. 108 1/2, par. 15-150)

Sec. 15-150. Disability benefits; eligibility benefits -

Eligibility. A participant may be granted a disability benefit

if: (1) while a participating employee, he or she becomes

physically or mentally incapacitated and unable to perform the

duties of his or her assigned position for any period

exceeding 60 days; 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.

An employee shall be considered disabled only during the

period for which the board determines, based upon the evidence

listed below, that the employee is unable to reasonably

perform the duties of his or her assigned position as a result

of a physical or mental disability. This determination shall

be based upon:

(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;

(ii) a written certificate from the employer stating

that the employee is unable to perform the duties of his or

her assigned position and, if the employee is a police

officer, the employer's position on whether the disability

qualifies as a line of duty disability; and

(iii) any other medical examinations, hospital

records, laboratory results, or other information

necessary for determining the employment capacity and

condition of the employee; and .

(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.

The board shall prescribe rules governing the filing,

investigation, control, and supervision of disability claims.

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; 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 benefit claimants.

Pregnancy and childbirth shall be considered a disability.

The same application shall be used to determine

eligibility for the calculation of disability benefits under

subsection (a) or subsection (b) of Section 15-153.

(Source: P.A. 90-766, eff. 8-14-98.)

(40 ILCS 5/15-153) (from Ch. 108 1/2, par. 15-153)

Sec. 15-153. Disability benefits; amount benefits -

Amount.

(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. 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.

(b) In lieu of the amount of the disability benefit

otherwise provided for in subsection (a) of this Section, for

a participant who is employed as a police officer and who

incurs a line of duty disability, the disability benefit under

this Section shall be the greater of: (1) 65% of the basic

compensation that would have been paid had the participant

continued in employment for the entire period during which

disability benefits are payable, excluding wage or salary

increases subsequent to the date of disability; or (2) 65% 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

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).

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.

The changes made to this Section shall apply to

participants whose line of duty disability occurred on or

after January 1, 2022.

For the purposes of this Section, "line of duty

disability" means that, as the result of sickness, accident,

or injury incurred in or resulting from the performance of an

act of duty, the police officer is found to be physically or

mentally disabled for employment as a police officer so as to

render necessary his or her suspension or retirement from

employment as a police officer or is found to be unable to

perform his or her duties as a police officer by reason of

heart disease, stroke, tuberculosis, or any disease of the

lungs or respiratory tract, resulting from employment as a

police officer.

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% under subsection (a) or 65% under

subsection (b) of the average earnings of the participant

during the 24 months immediately preceding the month in which

disability occurs, payments during the year shall accrue over

a period of 12 months. Disability benefits shall be paid as of

the end of each calendar month during which payments accrue.

Payments for fractional parts of a month shall be determined

by prorating the total amount payable for the full month on the

basis of days elapsing during the month. Any disability

benefit accrued but unpaid on the death of a participant shall

be paid to the participant's beneficiary.

(Source: P.A. 93-347, eff. 7-24-03.)

(40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)

Sec. 15-153.2. Disability retirement annuity.

(a) This subsection (a) applies to a participant receiving

benefits calculated under subsection (a) of Section 15-153. 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.

(b) This subsection (b) applies to a participant receiving

benefits calculated under subsection (b) of Section 15-153. 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.

(c) The board's determination of whether a participant is

disabled shall be based upon:

(i) a written certificate from one or more licensed

and practicing physicians appointed by or acceptable to

the board, stating that the participant is unable to

engage in any substantial gainful activity; and

(ii) any other medical examinations, hospital records,

laboratory results, or other information necessary for

determining the employment capacity and condition of the

participant.

The terms "medically determinable physical or mental

impairment" and "substantial gainful activity" shall have the

meanings ascribed to them in the federal Social Security Act,

as now or hereafter amended, and the regulations issued

thereunder.

(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.

If a person's disability retirement annuity is discontinued

under clause (1), all rights and credits accrued in the system

on the date that the disability retirement annuity began shall

be restored, and the disability retirement annuity paid shall

be considered as disability payments under clause (6) of

Section 15-152.

(e) The board shall adopt rules governing the filing,

investigation, control, and supervision of disability

retirement annuity claims. Costs incurred by a claimant in

connection with completing a claim for a disability retirement

annuity shall be paid: (A) by the claimant in the case of the

one required medical examination, medical certificate, and any

other requirements generally imposed by the board 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.

(Source: P.A. 100-556, eff. 12-8-17.)

(40 ILCS 5/15-198)

Sec. 15-198. Application and expiration of new benefit

increases.

(a) As used in this Section, "new benefit increase" means

an increase in the amount of any benefit provided under this

Article, or an expansion of the conditions of eligibility for

any benefit under this Article, that results from an amendment

to this Code that takes effect after June 1, 2005 (the

effective date of Public Act 94-4). "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.

(b) Notwithstanding any other provision of this Code or

any subsequent amendment to this Code, every new benefit

increase is subject to this Section and shall be deemed to be

granted only in conformance with and contingent upon

compliance with the provisions of this Section.

(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.

Every new benefit increase is contingent upon the General

Assembly providing the additional funding required under this

subsection. The Commission on Government Forecasting and

Accountability shall analyze whether adequate additional

funding has been provided for the new benefit increase and

shall report its analysis to the Public Pension Division of

the Department of Insurance. A new benefit increase created by

a Public Act that does not include the additional funding

required under this subsection is null and void. 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.

(d) Every new benefit increase shall expire 5 years after

its effective date or on such earlier date as may be specified

in the language enacting the new benefit increase or provided

under subsection (c). This does not prevent the General

Assembly from extending or re-creating a new benefit increase

by law.

(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.

(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;

101-610, eff. 1-1-20; 102-16, eff. 6-17-21.)

Section 99. Effective date. This Act takes effect upon

becoming law.