40 ILCS 5/13-310
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 13 - Metropolitan Water Reclamation District Retirement Fund

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