Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1650 - THE ADMINISTRATION AND OPERATION OF THE TEACHERS' RETIREMENT SYSTEM › Subpart C - FILING OF CLAIMS › Section 1650.201 - Disability Benefits - Application Procedure; Effective Date

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any member
				claiming a disability benefit under 40 ILCS 5/16-149 or 16 -149.1 shall begin
				the process by filing a written notice with the System.
b) For purposes of determining when
				nonoccupational disability benefits become payable under
				40 ILCS
				5/16-149, the following shall apply:
EFFECTIVE DATE
Member files written notice of disability within 90
							 days from the later of commencement of disability or the date eligibility for
							 salary ceases*.
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Yes
No
TRS receives all documentation within six months from
							 the later of the commencement of disability or the date eligibility for salary
							 ceases.
TRS receives all documentation within six months
							 after written notice of disability.
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Yes
No
Yes
No
Benefits become payable from the later of the
							 31st calendar day the member is absent from teaching
							 due to the disability for which benefits are sought or exhaustion of the
							 member's sick leave**.
Benefits become payable on the date TRS receives all
							 documentation required by law.
Benefits become payable on the date TRS receives
							 written notice of disability.
Benefits become payable on the date TRS receives all
							 documentation required by law.
* Eligibility for salary ceases is equal to the later
							 of the date last worked plus 31 days or when sick leave days are completely
							 exhausted
** If sick leave is not paid by the employer, the
							 date sick leave would have been exhausted had the member been paid by the
							 employer.
c) For purposes
				of determining when occupational disability benefits become payable under
				40 ILCS
				5/16-149.1, the following shall apply:
EFFECTIVE DATE
Member files written notice of disability within 90
							 days from the later of commencement of disability or the last day for which
							 salary was paid.
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Yes
No
TRS receives all documentation within six months from
							 the later of the commencement of disability or the last day for which salary is
							 paid.
TRS receives all documentation within six months
							 after written notice of disability.
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Yes
No
Yes
No
Benefits become payable on the date after the last
							 day for which salary is paid.
Benefits become payable on the date TRS receives all
							 documentation required by law.
Benefits become payable on the date TRS receives
							 written notice of disability.
Benefits become payable on the date TRS receives all
							 documentation required by law.
d) When a
				member claiming disability benefits is employed under an agreement for less
				than 12 full months, neither the 31-day waiting period nor the utilization of
				sick leave requirement, as contained in the definition of "date eligibility for
				salary ceases" in Section 1650.202, can be satisfied during periods not covered
				by the agreement. For purposes of granting disability benefits, all employment
				agreements are presumed to cover one full school term and are automatically
				renewable at the commencement of the next school term. Satisfactory evidence
				must be presented of an employment agreement covering a period longer than a
				full school term (e.g., 10, 11 or 12 months).
e) Whenever a member becomes ineligible to
				receive a non-occupational or occupational disability benefit due to gainful
				employment but is subsequently disabled for the same cause within 90 days after
				the member's or annuitant's last date of eligibility for benefits, benefits
				shall be reinstated at the previous benefit rate upon written application.
				Benefits shall commence the day following the last day the member is eligible
				to receive salary. If more than 90 days have elapsed, benefits shall be
				reinstated based on 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.