40 ILCS 5/14-123.1
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 14 - State Employees' Retirement System Of Illinois

 (from Ch. 108 1/2, par. 14-123.1)Sec. 14-123.1. Temporary disability benefit.(a) A member who has at least 18 months of creditable service and who  becomes physically or mentally incapacitated to perform the duties of his  position shall receive a temporary disability benefit, provided that:(1) the agency responsible for determining the     liability of the State (i) has formally denied all employer-paid temporary total disability benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act and an appeal of that denial is pending before the Illinois Workers' Compensation  Commission, or (ii) has granted and then terminated for any reason an employer-paid temporary total disability benefit and the member has filed a petition for a hearing under Section 19(b) or Section 19(b-1) of the Workers' Compensation Act or Section 19(b) or Section 19(b-1) of the Workers' Occupational Diseases Act;(2) application is made after the date that the     disability results in loss of pay, and after the date the agency responsible for determining the liability of the State under the Workers' Compensation Act or Workers' Occupational Diseases Act has formally denied or terminated the employer-paid temporary total disability benefit; and(3) 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.(b) In the case of a denial of benefits,  the temporary disability benefit shall begin to accrue on the 31st  day of absence from work on account of disability, but the benefit shall  not become actually payable to the member until the expiration of 31  days from the day upon which the member last received or had a  right to receive any compensation.In the case of termination of an employer-paid temporary total disability  benefit, the temporary disability benefit under this Section shall be  calculated from the day following the date of termination of the employer-paid  benefit or the 31st day of absence from work on account of disability,  whichever is later, but shall not become payable to the member until (i) the  member's right to an employer-paid temporary total disability benefit is denied  as a result of the hearing held under Section 19(b) or Section 19(b-1) of the Workers'  Compensation Act or Section 19(b) or Section 19(b-1) of the Workers' Occupational Diseases Act  or (ii) the expiration of 30 days from the date of termination of the  employer-paid benefit, whichever occurs first.  If a terminated employer-paid  temporary total disability benefit is resumed or replaced with another  employer-paid disability benefit and the resumed or replacement benefit is  later terminated and the member again files a petition for a hearing  under Section 19(b) or Section 19(b-1) of the Workers' Compensation Act or Section 19(b) or Section 19(b-1) of  the Workers' Occupational Diseases Act, the member may again become eligible to  receive a temporary disability benefit under this Section.  The waiting period  before the temporary disability benefit under this Section becomes payable  applies each time that the benefit is reinstated.The benefit shall continue to accrue until the first of the following events  occurs:(1) the disability ceases;(2) 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 in the case of benefits commencing on or after attainment of age 60;(5) the end of the month in which the death of the     member occurs;(6) the end of the month in which the aggregate     period for which temporary disability payments have been made becomes equal to 1/2 of the member's total period of creditable service, not including the time for which he has received a temporary disability benefit or nonoccupational disability benefit; for purposes of this item (6) only, in the case of a member to whom Section 14-108.2a or 14-108.2b applies and who, at the time disability commences, is performing services for the Illinois Department of Public Health or the Illinois State Police relating to the transferred functions referred to in that Section and has less than 10 years of creditable service under this Article, the member's "total period of creditable service" shall be augmented by an amount equal to (i) one half of the member's period of creditable service in the Fund established under Article 8 (excluding any creditable service over 20 years), minus (ii) the amount of the member's creditable service under this Article;(7) a payment is made on the member's claim pursuant     to a determination made by the agency responsible for determining the liability of the State under the Workers' Compensation Act or the Workers' Occupational Diseases Act;(8) a final determination is made on the member's     claim by the Illinois Workers' Compensation  Commission.(c) The temporary disability benefit shall be 50% of the member's final  average compensation at the date of disability.If a covered employee is eligible under the Social Security Act for a  disability benefit before attaining the Social Security full retirement age, or a retirement benefit on or  after attaining the Social Security full retirement age, then the amount of the member's temporary  disability benefit shall be reduced by the amount of primary benefit the  member is eligible to receive under the Social Security Act, whether or not  such eligibility came about as the result of service as a covered employee  under this Article.  The Board may make such reduction pending a  determination of eligibility if it appears that the employee may be so  eligible, and shall make an appropriate adjustment if necessary after such  determination has been made.  The amount of temporary disability benefit  payable under this Article shall not be reduced by reason of any increase  in benefits payable under the Social Security Act which occurs after the  reduction required by this paragraph has been applied. As used in this subsection, "Social Security full retirement age" means the age at which an individual is eligible to receive full Social Security retirement benefits.(d) The temporary disability benefit provided under this Section is  intended as a temporary payment of occupational or nonoccupational  disability benefit, whichever is appropriate, in cases in which the  occupational or nonoccupational character of the disability has not been  finally determined.When an employer-paid disability benefit is paid or resumed, the Board  shall calculate the benefit that is payable under Section 14-123 and shall  deduct from the benefit payable under Section 14-123 the amounts already paid  under this Section; those amounts shall then be treated as if they had been  paid under Section 14-123.When a final determination of the character of the  disability has been made by the Illinois Workers' Compensation Commission, or by  settlement between the parties to the disputed claim, the Board shall  calculate the benefit that is payable under Section 14-123 or 14-124,  whichever is applicable, and shall deduct from such benefit the amounts  already paid under this Section; such amounts shall then be treated as if  they had been paid under such Section 14-123 or 14-124.(e) Any excess benefits paid under this Section shall be subject to recovery  by the System from benefits payable under the Workers' Compensation Act or the  Workers' Occupational Diseases Act or from third parties as provided in Section  14-129, or from any other benefits payable either to the member or on his  behalf under this Article.  A member who accepts benefits under this Section  acknowledges and authorizes these recovery rights of the System.(f) Service credits under the State Universities Retirement System and  the Teachers' Retirement System of the State of Illinois shall be  considered for the purposes of determining temporary disability benefit  eligibility under this Section, and for determining the total period of  time for which such benefits are payable.(g) The Board shall prescribe rules and regulations governing the filing  of claims for temporary disability benefits, and the investigation, control  and supervision of such claims.(h) References in this Section to employer-paid benefits include benefits  paid for by the State, either directly or through a program of insurance or  self-insurance, whether paid through the member's own department or through  some other department or entity; but the term does not include benefits paid by  the System under this Article.  (Source: P.A. 101-54, eff. 7-12-19; 102-538, eff. 8-20-21.)