Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1540 - THE ADMINISTRATION AND OPERATION OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS › Section 1540.80 - Disability Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Nonoccupational Disability and Temporary Disability
1) Any member of the State Employees'
			 Retirement System (SERS) claiming benefits for nonoccupational disability or
			 temporary disability shall file at the Springfield Office of SERS a written
			 application on forms prescribed by the Board.
2) If a member makes a payment of
			 contributions to SERS in order to establish sufficient credit to qualify for a
			 nonoccupational disability benefit, payment of the benefit shall accrue as of
			 the latter of the 31st day of absence from work
			 (including any periods of the absence for which sick pay was received), the day
			 after the member is last entitled to receive compensation (including any sick
			 pay), or the date of payment to SERS. The date of payment of the required
			 contributions shall be determined in accordance with the provisions of Section
			 1540.220(a)
			 (Period for Payment). If a member is receiving a nonoccupational disability
			 benefit, and incurs a concurrent sickness or condition that is severe enough to
			 disable the member past the period in which the member is disabled from the
			 original sickness or condition, the nonoccupational benefit would continue
			 uninterrupted and the member would not be required to obtain a new leave of
			 absence or incur a new 30 day waiting period. A benefit will continue
			 uninterrupted in the manner described only if the member is otherwise eligible
			 for the benefit and a licensed healthcare professional's report is provided and
			 supports the disabling sickness or condition.
3) If a member makes a payment of
			 contributions to SERS in order to establish sufficient credit to qualify for a
			 temporary disability benefit, payment of the benefit shall accrue as of the
			 latter of the 31st day after the member is last
			 entitled to receive compensation or the date of payment to SERS. The date of
			 payment of the required contributions shall be determined in accordance with
			 the provisions of Section
			 1540.220(a)
			 (Period for Payment).
4) If a
			 member who is receiving a nonoccupational or temporary disability benefit
			 wishes to make a payment of contributions to extend the period of eligibility
			 for receipt of the benefit, the request to make the payment must be received at
			 the Springfield Office of SERS before the period of eligibility terminates and
			 the date of payment of the required contributions shall be determined in
			 accordance with the provisions of Section
			 1540.220(a)
			 (Period for Payment).
5) If a
			 member requests to have service credits under the State Universities Retirement
			 System (SURS) or the Teachers' Retirement System of the State of Illinois (TRS)
			 considered for the purposes of determining nonoccupational or temporary
			 disability benefit eligibility under Section 14-124 or 14-123.1 of the Illinois
			 Pension Code, or for purposes of calculating the total period of time for which
			 benefit will be paid, SERS shall not include in its calculations any credits
			 accrued under Article 15 or 16 of the Code that have been forfeited by
			 acceptance of a refund or applied toward a retirement annuity and that have not
			 been restored or otherwise reestablished in accordance with the requirements of
			 those Articles of the Code. Credits accrued under Article 15 or 16 of the Code
			 that have been forfeited by acceptance of a refund or applied toward a
			 retirement annuity, and that have not been restored or otherwise reestablished
			 in accordance with the requirements of those Articles of the Code, shall not be
			 considered for purposes of determining eligibility for a nonoccupational or
			 temporary disability benefit under Section 14-124 or 14-123.1 of the Illinois
			 Pension Code (Code) [40 ILCS 5] or in determining the total period of time for
			 which such a benefit is payable.
6)
			 The System may deem the requirement of Section 14-124(4) of the Code to be
			 satisfied with respect to a member if the member who is applying for a
			 nonoccupational disability benefit is eligible to be granted a leave of absence
			 for disability but, before the leave could be granted, upon medical
			 examination, the member is found to be permanently and totally incapacitated to
			 perform the duties of the member's position.