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Full Text of HB3659
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HB3659 - 104th General Assembly
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HB3659 Enrolled
LRB104 08627 RPS 18679 b
1
AN ACT concerning public employee benefits.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Pension Code is amended by
5
changing Section 13-310 as follows:
6
(40 ILCS 5/13-310)
(from Ch. 108 1/2, par. 13-310)
7
Sec. 13-310.
Ordinary disability benefit.
8
(a) Any employee who becomes disabled as the result of any
9
cause other than injury or illness incurred in the performance
10
of duty for the employer or any other employer, or while
11
engaged in self-employment activities, shall be entitled to an
12
ordinary disability benefit. The eligible period for this
13
benefit shall be 25% of the employee's total actual service
14
prior to the date of disability with a cumulative maximum
15
period of 5 years.
16
(b) The benefit shall be allowed only if the employee
17
files an application in writing with the Board, and a medical
18
report is submitted by at least one licensed health care
19
professional as part of the employee's application.
20
The benefit is not payable for any disability which begins
21
during any period of unpaid leave of absence. No benefit shall
22
be allowed for any period of disability prior to
60
30
days
23
before application is made, unless the Board finds good cause
HB3659 Enrolled
- 2 -
LRB104 08627 RPS 18679 b
1
for the delay in filing the application. The benefit shall not
2
be paid during any period for which the employee receives or is
3
entitled to receive any part of salary.
4
The benefit is not payable for any disability which begins
5
during any period of absence from duty other than allowable
6
vacation time in any calendar year. An employee whose
7
disability begins during any such ineligible period of absence
8
from service may not receive benefits until the employee
9
recovers from the disability and is in service for at least 15
10
consecutive working days after such recovery.
11
In the case of an employee who first enters service on or
12
after June 13, 1997, an ordinary disability benefit is not
13
payable for the first 3 days of disability that would
14
otherwise be payable under this Section if the disability does
15
not continue for at least 11 additional days.
16
Beginning on
August 18, 2005 (
the effective date of
Public
17
Act 94-621)
this amendatory Act of the 94th General Assembly
,
18
an employee who first entered service on or after June 13, 1997
19
is also eligible for ordinary disability benefits on the 31st
20
day after the last day worked, provided all sick leave is
21
exhausted.
22
(c) The benefit shall be 50% of the employee's salary at
23
the date of disability, and shall terminate when the earliest
24
of the following occurs:
25
(1) The employee returns to work or receives a
26
retirement annuity paid wholly or in part under this
HB3659 Enrolled
- 3 -
LRB104 08627 RPS 18679 b
1
Article;
2
(2) The disability ceases;
3
(3) The employee willfully and continuously refuses to
4
follow medical advice and treatment to enable the employee
5
to return to work. However
,
this provision does not apply
6
to an employee who relies in good faith on treatment by
7
prayer through spiritual means alone in accordance with
8
the tenets and practice of a recognized church or
9
religious denomination, by a duly accredited practitioner
10
thereof;
11
(4) The employee (i) refuses to submit to a reasonable
12
physical examination within 30 days of application by a
13
licensed health care professional appointed by the Board,
14
(ii) in the case of chronic alcoholism, the employee
15
refuses to join a rehabilitation program licensed by the
16
Department of Public Health of the State of Illinois and
17
certified by the Joint Commission on the Accreditation of
18
Hospitals, (iii) fails or refuses to consent to and sign
19
an authorization allowing the Board to receive copies of
20
or to examine the employee's medical and hospital records,
21
or (iv) fails or refuses to provide complete information
22
regarding any other employment for compensation he or she
23
has received since becoming disabled; or
24
(5) The
eligibility
eligible
period for this benefit
25
has been exhausted.
26
The first payment of the benefit shall be made not later
HB3659 Enrolled
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LRB104 08627 RPS 18679 b
1
than one month after the same has been granted, and subsequent
2
payments shall be made at least monthly.
3
(Source: P.A. 102-210, eff. 7-30-21; 103-523, eff. 1-1-24;
4
revised 7-17-24.)
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