40 ILCS 5/16-149.2
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. 16-149.2)Sec. 16-149.2. Disability retirement annuity.(a) A member whose disability benefit has been terminated under the  provisions of Section 16-149 may be retired on a disability retirement  annuity payable effective the day following such termination provided the  member remains disabled under the standard of disability provided in Section  16-149.The disability retirement annuity shall be payable upon receipt of written  certificates from at least 2 licensed physicians designated  by the System verifying the continuation of the disability condition.  A disability retirement annuity shall not be paid during any period for  which the member receives benefits under Section 16-133, Section 16-149,  or Section 16-149.1 or has a right to receive a 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.(b) The disability retirement annuity shall be equal to the larger of:  (1) 35% of the most recent annual contract salary rate or for part-time  and substitute members after June 30, 1990, the most recent annualized  salary rate; or (2) if disability commences prior to the member's  attainment of age 55, the amount computed in accordance with Section  16-133, provided the amount computed under paragraph (B) of Section 16-133  shall be reduced by 1/2 of 1% for each month that the member is less than  age 55; or (3) if disability commences after the member's attainment of age  55, and the member is not receiving a retirement annuity under Section  16-133, the amount computed in accordance with Section 16-133.Prior to July 1, 1990, if the most recent period of service of any  member eligible to receive a disability retirement annuity was rendered on  a less than full-time but not less than half-time basis, the amount of the  disability retirement annuity payable 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.(c) If an annuitant receiving a disability retirement annuity under this  Section is engaged in or able to engage in gainful employment (including  limited employment under Section 16-149.6) paying more  than the difference between the disability retirement annuity and the salary  rate upon which the disability benefit is based, with no salary to be  considered less than the minimum prescribed in Section 24-8 of the School  Code, the disability retirement annuity shall be reduced to  an amount which together with the amount earned by the annuitant, equals  the salary rate upon which the disability benefit is based.  However, for  the purposes of this subsection (c) only, the salary rate upon which the  benefit is based shall be deemed to increase by 15% on the tenth  anniversary of the commencement of the annuity.Once each year during the first 5 years following retirement on a disability  retirement annuity, and once in every 3-year period thereafter, the System  may require an annuitant to undergo a medical examination, by a physician  or physicians designated by the System.  If the annuitant refuses to submit  to such medical examination, the annuity shall be discontinued until such  time as the annuitant consents to the examination, and if refusal continues  for one year, all the rights to the annuity shall be revoked.(d) If an annuitant in receipt of a disability retirement annuity returns  to active service as a teacher (other than limited employment under Section  16-149.6) or is no longer disabled, such annuity shall  cease and the annuitant shall again become a member of the Retirement System  and, if in active service as a teacher, shall make regular contributions.  All service  for which the annuitant had credit on the date of disability shall be properly  reestablished.An annuitant in receipt of a disability retirement annuity who returns  to active service as a teacher and who again becomes disabled shall not  be entitled to a recomputation of the disability retirement annuity based  on amendments enacted while the annuitant was in receipt of the annuity  unless at least one year of creditable service is rendered after the latest  re-entry into service.(e) An annuitant in receipt of a disability retirement annuity may,  upon reaching retirement age as specified in Section 16-132, apply for a  retirement annuity which is to be calculated as specified in Section  16-133.  The disability retirement annuity shall be discontinued upon  commencement of the retirement annuity.(f) The board shall prescribe rules governing the filing, investigation,  control, and supervision of disability retirement 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 annuitant.  Costs  incurred by a claimant in connection with completing a claim for disability  benefits shall be paid by the claimant.The changes to this Section made by this amendatory Act of 1991  shall apply not only to persons who on or after its effective date are in  service as a teacher under the System, but also to persons whose status as  a teacher terminated prior to that date, whether or not the person is an  annuitant on that date.       (Source: P.A. 93-469, eff. 8-8-03; 94-539, eff. 8-10-05.)