40 ILCS 5/16-149.1
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. 16-149.1)Sec. 16-149.1. Occupational disability benefit.(a) A member who becomes totally and immediately incapacitated for duty  as the proximate result of bodily injuries sustained or a hazard undergone  while in the performance and within the scope of his or her duties, if such  injuries or hazard were not the consequence of the member's willful  negligence, shall receive an occupational disability benefit upon making  proper application.  If application is made more than 90 days subsequent to  the later of the commencement of disability or the date eligibility  for salary ceases, benefits shall begin to accrue from the date of  application, but service credit and credit for contributions will be earned  from the date of disability.  The benefit is not payable to, and credit for  service and contributions may not be earned under this Section by, a member  who is receiving a benefit under Section 16-133, 16-149, or 16-149.2, or  who is receiving 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.Proper proof of disability shall consist of: (1) a written certificate by  at least 2 licensed and practicing physicians designated by the System,  certifying that member is disabled and unable to perform assigned duties;  (2) a written statement from the employer certifying that the member is  disabled and not receiving a salary, and related information as to the cause  and commencement of disability; and (3) a written statement from the member  certifying that the member is not and has not been engaged in gainful  employment.Occupational disability benefits under this Section shall be payable  only if (1) on the basis of a claim filed by the applicant with the  Illinois Workers' Compensation    Commission, it is determined by the Commission  that the disability was incurred while in the performance and within the  scope of assigned duties, under the terms of the Illinois Workers'  Compensation or Occupational Diseases Act, whichever applies, and the  claim is adjudicated as compensable by the Commission under either of  the aforesaid Acts; or (2) on the basis of a claim filed by the  applicant with an insurance carrier with which the employer of the  applicant has a workers' compensation insurance policy, it is  determined under the terms of the aforesaid policy that the disability  was incurred while in the performance and within the scope of the member's  assigned duties and the claim is approved as compensable.(b) The occupational disability benefit shall be the greater of 60%  of the member's contract salary rate at the time the disability benefit  becomes payable or the member's annual contract rate on the date the  disability commenced, and shall be payable monthly in equal installments.  For part-time and substitute teachers after June 30, 1990, the benefit  shall be 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  annual contract rate at the time the disability commenced.Any amounts provided for a member or a member's dependents under the  Illinois Workers' Compensation Act, the Illinois Occupational Diseases Act  or a workers' compensation insurance policy provided by the employer shall  be applied as an offset to any occupational benefit provided under this  Section in such manner as may be prescribed by the board.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 the period of disability,  except as provided in Section 16-149.6.  Creditable service and  credit for contributions shall be calculated on the basis of the annual  salary rate used in computing the benefit; however, such credit shall not  be used in the determination of the period for which disability benefits  are payable.  A member who remains disabled after the termination of benefits  due to age or the expiration of the maximum period for which benefits are  payable shall be entitled to the retirement annuity provided under Section  16-133, notwithstanding that the member may not have the required minimum  period of creditable service prescribed for such annuity.(c) Effective January 1, 1988, the occupational disability benefit shall  continue until the time one of the following first occurs:  (1) disability  ceases; (2) the member requests termination of the benefit; or (3) 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 (3) 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.(d) The board shall prescribe rules governing the filing,  investigation, control, and supervision of disability claims.  Costs  incurred by a claimant in connection with completing a claim for disability  benefits shall be paid by the claimant.       (Source: P.A. 93-721, eff. 1-1-05; 94-539, eff. 8-10-05.)