40 ILCS 5/16-149
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 16 - Teachers' Retirement System Of The State Of Illinois

 (from Ch. 108 1/2, par. 16-149)Sec. 16-149. Disability benefit.(a) A disability benefit is payable to a member who was in active  service on or after June 30, 1977 and has at least 3 years of creditable  service.  Part-time and substitute teachers who are in active service on or  after July 1, 1990 must have worked as a teacher for at least 340 hours in  either the school year in which the disability occurs or in the preceding  school year.The benefit is payable upon application of a member who is not  receiving a benefit under either Section 16-133, Section 16-149.1  or Section 16-149.2.  The benefit shall be granted only if the member is  found by medical examination to be incapacitated to perform the duties of  his or her position as a teacher and only if the commencement of the  incapacity occurred while the member was employed as a teacher or within  90 days of such employment.A member shall be considered disabled only when the System has received  (1) a written certificate by at least 2 licensed and practicing physicians  designated by the System, certifying that the member is disabled and unable  to properly perform the duties of his or her position at the time of  disability, except in the case of disability due to pregnancy where a  written certificate from only one licensed and practicing physician is  required; (2) a written statement from the employer certifying that the member  is not eligible to receive a salary; and (3) a certification from the member  that he or she is not and has not been engaged in gainful employment  during the period of disability.The benefit shall begin to accrue on the 31st day of absence from service  on account of disability, except that when an application is made more than  90 days subsequent to the later of the commencement of disability or the  date eligibility for salary ceases, it shall begin to accrue from the date  of application, and shall be payable during the time the member does not  receive a retirement annuity.  The benefit is not payable to a member who  is receiving or has a right to receive any salary as a teacher, or is employed  in any capacity as a teacher by the employers included under this System or in  an equivalent capacity in any other public or private school, college or  university, except as provided in Section 16-149.6.Service credits under the State Employees' Retirement System of  Illinois, the State Universities Retirement System and the Illinois  Municipal Retirement Fund shall be considered in determining the member's  eligibility for a disability benefit and the total period during which the  disability benefit is payable.(b) The disability benefit shall be 40% of the greater of the  member's most recent annual contract salary rate at the time the disability  benefit becomes payable or the member's annual contract rate on the date the  disability commenced.  Prior to July 1, 1990, if the most recent period of  service of any member was rendered on a less than full-time but not less  than half-time basis, the amount of the disability benefit payable to such  member shall be computed on the basis of the salary received by such member  for the member's last year of service on a full-time basis if such salary  was greater than the member's most recent salary.  For part-time and  substitute members after June 30, 1990, the disability benefit shall be 40% of  the greater of the member's most recent annualized salary rate at the time the  disability benefit becomes payable or the annualized salary rate or contract  salary rate at the time the disability commenced.In addition to the above benefit, the member shall receive creditable  service and credit for contributions that the member would have made in  active employment during any period of disability for which benefits  are paid by the System on the basis of the annual salary rate used in  computing the benefit, except as provided in Section 16-149.6.(c) Effective January 1, 1988, the disability benefit shall continue  until the time one of the following events first occurs:  (1) disability  ceases; (2) the member requests termination of the benefit; (3) the  aggregate period for which disability payments made during the member's  entire period of service equals 1/4 of the total period of creditable  service, not including the time he or she has received the disability  payments; or (4) the member is engaged or found to be able to engage in  gainful employment, other than limited employment under Section 16-149.6.  If the disability benefit is discontinued under item (4) but the member is  subsequently found to be unable to be gainfully employed due to the disability  which was the cause for his or her most recent incapacity to perform the duties  of a teacher, the disability benefit will be resumed, upon notification of the  System, as soon as the member is not eligible to receive salary.A disabled member who receives disability benefits for the maximum period  specified above or who requests that the disability benefits be terminated  may be retired on a disability retirement annuity.(d) The board shall prescribe rules governing the filing, investigation,  control, and supervision of disability claims.  The rules shall include  specific standards to be used when requesting additional medical  examinations, hospital records or other data necessary for determining the  employment capacity and condition of the member.  Costs incurred by a  claimant in connection with completing a claim for disability benefits  shall be paid by the claimant.         (Source: P.A. 94-539, eff. 8-10-05.)