HB 3659

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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,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by
5changing 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
9cause other than injury or illness incurred in the performance
10of duty for the employer or any other employer, or while
11engaged in self-employment activities, shall be entitled to an
12ordinary disability benefit. The eligible period for this
13benefit shall be 25% of the employee's total actual service
14prior to the date of disability with a cumulative maximum
15period of 5 years.
16    (b) The benefit shall be allowed only if the employee
17files an application in writing with the Board, and a medical
18report is submitted by at least one licensed health care
19professional as part of the employee's application.
20    The benefit is not payable for any disability which begins
21during any period of unpaid leave of absence. No benefit shall
22be allowed for any period of disability prior to 60 [30] days
23before application is made, unless the Board finds good cause
		HB3659 Enrolled	- 2 -	LRB104 08627 RPS 18679 b
1for the delay in filing the application. The benefit shall not
2be paid during any period for which the employee receives or is
3entitled to receive any part of salary.
4    The benefit is not payable for any disability which begins
5during any period of absence from duty other than allowable
6vacation time in any calendar year. An employee whose
7disability begins during any such ineligible period of absence
8from service may not receive benefits until the employee
9recovers from the disability and is in service for at least 15
10consecutive working days after such recovery.
11    In the case of an employee who first enters service on or
12after June 13, 1997, an ordinary disability benefit is not
13payable for the first 3 days of disability that would
14otherwise be payable under this Section if the disability does
15not continue for at least 11 additional days.
16    Beginning on August 18, 2005 (the effective date of Public 
17Act 94-621) [this amendatory Act of the 94th General Assembly],
18an employee who first entered service on or after June 13, 1997
19is also eligible for ordinary disability benefits on the 31st
20day after the last day worked, provided all sick leave is
21exhausted.
22    (c) The benefit shall be 50% of the employee's salary at
23the date of disability, and shall terminate when the earliest
24of 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	- 4 -	LRB104 08627 RPS 18679 b
1than one month after the same has been granted, and subsequent
2payments shall be made at least monthly.
3(Source: P.A. 102-210, eff. 7-30-21; 103-523, eff. 1-1-24;
4revised 7-17-24.)