40 ILCS 5/14-123

Current through Public Act 103-1052

Section 40 ILCS 5/14-123 - Occupational disability benefits

A member who becomes incapacitated to perform the duties of his position as the proximate result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of the member's duties, shall receive an occupational disability benefit; provided:

(a) application is made after the date that such disability results in the loss of pay, or after the date that the Illinois Workers' Compensation Commission rules on the application for an occupational disability, or after the occurrence of disablement if an occupational disease; and

(b) proper proof is received from one or more licensed health care professionals designated by the Board certifying that the member is mentally or physically incapacitated.

The benefit shall be 75% of the member's final average compensation at date of disability and shall be payable until the first of the following dates occurs:

(1) the date on which disability ceases;

(2) the date on which the member engages in gainful employment;

(3) the end of the month in which the member attains age 65, in the case of benefits commencing prior to attainment of age 60;

(4) the end of the month following the fifth anniversary of the effective date of the benefit, or of the temporary disability benefit if one was received, in the case of benefits commencing on or after attainment of age 60; or

(5) the end of the month in which the death of the member occurs.

At the end of the month in which the benefits cease as prescribed in paragraphs (3) or (4) above, if the member is still disabled, he shall become entitled to a retirement annuity and the minimum period of service prescribed for the receipt of such annuity shall be waived.

In the event that a temporary disability benefit has been received, the benefit paid under this Section shall be subject to adjustment by the Board under Section 14-123.1.

The Board shall prescribe rules and regulations governing the filing of claims for occupational disability benefits, and the investigation, control and supervision of such claims.

40 ILCS 5/14-123

P.A. 86-272.

Amended by P.A. 101-0054,§ 5, eff. 7/12/2019.

Amended by P.A. 093-0721, § 40, eff. 1/1/2005.