40 ILCS 5/8-161
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 8 - Municipal Employees', Officers', And Officials' Annuity And Benefit Fund--Cities Over 500,000 Inhabitants

 (from Ch. 108 1/2, par. 8-161)Sec. 8-161.     Ordinary disability benefit.     An employee while under age  65 and prior to January 1, 1979, or while under age 70 and after January 1,  1979, who becomes disabled after the effective date as the result of any  cause other than injury incurred in the performance of duty, shall be  entitled to ordinary disability benefit during such disability, after  the first 30 days thereof.The first payment shall be made not later than one month after the  benefit is granted and each subsequent payment shall be made not later  than one month after the last preceding payment.The disability benefit prescribed herein shall cease when the first of  the following dates shall occur and the employee, if still disabled, shall  thereafter be entitled to such annuity as is otherwise provided in this  Article:(a) the date disability ceases.(b) the date the disabled employee attains age 65 for disability  commencing prior to January 1, 1979.(c) the date the disabled employee attains age 65 for disability commencing  prior to attainment of age 60 in the service and after January 1, 1979.(d) the date the disabled employee attains the age of 70 for disability  commencing after attainment of age 60 in the service and after January 1, 1979.(e) the date the payments of the benefit shall exceed in the aggregate,  throughout the employee's service, a period equal to 1/4 of the total service  rendered prior to the date of disability but in no event more than 5 years.   In computing such total service any period during which the employee  received ordinary disability benefit shall be excluded.Any employee whose ordinary disability benefit was terminated after  January 1, 1979 by reason of his attainment of age 65 and who continues  disabled after age 65 may elect before July 1, 1986 to have such benefits  resumed beginning at the time of such termination and continuing until  termination is required under this Section as amended by this amendatory Act  of 1985.  The amount payable to any employee for such resumed benefit for  any period shall be reduced by the amount of any retirement annuity paid to  such employee under this Article for the same period of time or by any  refund paid in lieu of annuity.Ordinary disability benefit shall be 50% of the employee's salary at  the date of disability.For ordinary disability benefits paid before January 1, 2001, before any  payment, an amount equal to the sum ordinarily deducted from salary  for all annuity purposes for such period for which the ordinary disability  benefit is made shall be deducted from such payment and credited to the  employee as a deduction from salary for that period.  The sums so deducted  shall be regarded, for annuity and  refund purposes, as an amount contributed by him.For ordinary disability benefits paid on or after January 1, 2001, the fund  shall credit sums equal to the amounts ordinarily contributed by an employee  for annuity purposes for any period during which the employee receives ordinary  disability, and those sums shall be deemed for annuity purposes and purposes of  Section 8-173 as amounts contributed by the employee.  These amounts credited  for annuity purposes shall not be credited for refund purposes.If a participating employee is eligible for a disability benefit under the  federal Social Security Act, the amount of ordinary disability benefit under  this Section attributable to employment with the Chicago Housing Authority or  the Public Building Commission of the city shall be reduced, but not to less  than $10 per month, by the  amount that the employee would be eligible to receive as a disability benefit  under the federal Social Security Act, whether or not that federal benefit is  based on service as a covered employee under this Article.  The reduction shall  be effective as of the month the employee is eligible for the social security  disability benefit.  The Board may make this reduction pending determination  of eligibility for the social security disability benefit, if it appears to  the Board that the employee may be eligible, and make an appropriate adjustment  if necessary after eligibility for the social security disability benefit is  determined.  If the employee's social security disability benefit is reduced  or terminated because of a refusal to accept rehabilitation services under  the federal Rehabilitation Act of 1973 or the federal Social Security Act  or because the employee is receiving a workers' compensation benefit, the  ordinary disability benefit under this Section shall be reduced as if the  employee were receiving the full social security disability benefit.The amount of ordinary disability benefit shall not be reduced by reason of  any increase in the amount of social security disability benefit that takes  effect after the month of the initial reduction under this Section, other than  an increase resulting from a correction in the employee's wage records.    (Source: P.A. 92-599, eff. 6-28-02.)