IMRF Disability Benefits

The information on this page applies to participants of all IMRF plans.

You can also download the printable PDF version of the Disability Booklet here. This information is in a single printable document instead of spread across many pages. You will need the free Adobe Acrobat Reader to view this file.

You can also download the IMRF Member Disability Checklist to guide you through the disability application process.

Table of contents:

• Types of disability benefits
• Your other IMRF benefits continue.
• Eligibility for disability benefits
• Thinking of resigning from your IMRF position?
• Eligibility exclusions
• SLEP Plan Safety Officers and disability wage continuation law
• Applying for disability benefits
• Why bother applying?
• Duration of benefits
• Trial work period
• Total and permanent disability
• Appeal Procedure
• Pre-tax health and long term care insurance premium deduction for disabled public safety employees under the Pension Protection Act of 2006

IMRF provides two types of disability benefits:

1. temporary, and

2. total and permanent

Temporary disability benefits are paid if you are unable to perform the duties of any position which might reasonably be assigned by your current IMRF employer.

Total and permanent disability benefits are paid after temporary disability benefits have expired and if you are unable to engage in any gainful activity for any employer.

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Your other IMRF benefits continue while you are on IMRF disability

• Continue to earn service credit toward your pension as if you were working. This service credit is granted without any cost to you.
• Have the same IMRF death benefit protection you had when you were working. If death occurs while IMRF is paying disability benefits, your beneficiary(ies) will be eligible for death benefit options calculated as if you had been working. Your beneficiary would receive one year's salary   (up to $109,971.43 in 2013 for Tier 2 participants) plus a refund of your member contributions plus interest.
• receive monthly disability benefit payments equal to 50% of your average monthly salary based on your salary (up to $109,971.43 in 2013 for Tier 2 participants) for the 12 months prior to the month you became disabled.
• Another benefit is that your original salary (up to $109,971.43 in 2013 for Tier 2 participants), not the disability benefit amount, is used to determine your final rate of earnings (FRE) and to calculate a retirement benefit. As a result, your retirement benefit will not be affected by the amount of your disability benefits.

If you receive Social Security disability and/or workers' compensation benefits, IMRF pays the difference between those benefits and 50% of your average monthly earnings (up to $109,971.43 in 2013 for Tier 2 participants). When Social Security and/or workers' compensation exceeds 50% of earnings, IMRF pays a minimum monthly benefit of $10.

For more information on the reduction of IMRF disability benefits for workers' compensation and Social Security benefits, please refer to the IMRF Disability Benefits booklet.

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Eligibility for disability benefits

To be eligible for disability benefits you must have at least 12 consecutive months of IMRF service credit since being enrolled in IMRF and you must have service credit in each of the 12 months immediately preceding the date of disability.
However, if you have a one-, two-, or three-month gap in service within those preceding 12 months, you may still be eligible for IMRF disability if:

• you have 12 consecutive months of service credit prior to the gap in service
  and
• you participated with the same IMRF employer immediately before and after the gap.

IMRF members can return to work on a trial work basis and continue to receive IMRF disability benefits. Please see trial work period for information on trial work periods.

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Thinking of resigning from your IMRF position?

If you are considering resigning from your IMRF position, contact IMRF first!

Resigning your position may impact your eligibility for IMRF disability benefits.

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Eligibility exclusions

Pre-existing condition

Disabilities occurring prior to January 1, 2002:
If the disabling condition occurred prior to January 1, 2002, and if you received medical treatment for the mental or physical condition within three years prior to your current IMRF participation, disability benefits are not payable. This pre-existing exclusion (for conditions occurring before January 1, 2002) does not apply if you have five years of IMRF service prior to the date of disability without receiving a previous disability benefit.

Disabilities occurring on or after January 1, 2002:
With the passage of Illinois P.A. 92-0424, the pre-existing condition investigation is eliminated for temporary disability benefits which occur on or after January 1, 2002.

The new law applies only to temporary disability benefits. Members with less than five years of service credit will remain subject to pre-existing investigations for total and permanent disability benefits.

Seasonal leave

You are protected by disability coverage only if you earn service credit for the off-season months.

IMRF Benefit Protection Leave

You are protected by disability coverage only if your employer files a formal leave authorization form with IMRF.

If you become disabled and are eligible to receive IMRF disability benefits, your eligibility for disability benefits will not be affected if you are later terminated by your employer.

Disability need not be work related and includes disability resulting from elective surgery, pregnancy and alcoholism. However, disability benefits are not payable if the disability results from an addiction to narcotic drugs or from a self-inflicted injury.

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Safety Officers and Disability Wage Continuation Law

If you suffer an injury in the line of duty that prevents you from performing your duties, you are entitled to a continuation of salary up to one year. This salary is subject to SLEP member contributions of 7.5% percent.

You will earn service credit, and IMRF death and disability protection will continue as if you were working. If you are still disabled when salary continuation stops, IMRF disability benefits will be payable.

Applying for disability benefits

It is your responsibility to apply for IMRF disability benefits when it is determined that you will be disabled for more than 30 consecutive days. However, an application should not be filed in anticipation of disability, if you are still able to work. You can obtain an application from your employer's IMRF Authorized Agent.

You can download the IMRF Member Disability Checklist to guide you through the disability application process.

Some members receive salary, sick or vacation pay for more than 30 days following the date a disability occurred. If this is the case, you should apply for disability benefits if the disability will extend beyond the last day you will be paid.

Disability payments cannot be paid retroactively for more than six months from the date the application is filed with IMRF. You may lose one or more monthly payments if you do not apply promptly for IMRF disability benefits.

Submitting forms and documents

You would submit the following forms and records to IMRF. Please note: we are unable to begin processing your claim until we receive all IMRF disability forms:

• Form 5.40, “Application for Disability Benefits” — you would complete this form. If you are unable to do so, a relative or other representative can complete it on your behalf. (If you are completing this application for an IMRF member, please see next page.) (Can be submitted via Member Access)
• Form 5.41, “Employer Statement--Disability Claim” — your employer’s IMRF authorized agent would complete this form and send it to IMRF.
• Form 5.42, “Physician’s Statement--Disability Claim” — a licensed and practicing physician who has examined you and who can verify the nature and extent of your disability would complete this form. Diagnosis, treatment dates, services rendered and dates of disability are required to process your claim.
• Birth certificate or other acceptable evidence of birth date (necessary for Total and Permanent disability if age 50 or older).
• Other IMRF forms — IMRF may also request that you complete Form 5.40A, “Disability Claim Data,” Form 5.47, “Authorization Form,” or Form 5.42A, Form 5.42E, or psychiatric/ medical questionnaires. (If such forms and questionnaires are required, IMRF will mail them directly to you. These forms are not available for download from our website.)

Incomplete and missing forms may delay a decision on your disability claim. Please provide as much medical information as possible when you submit the forms.

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Why bother applying for what may be as little as $10 per month?

• Your service credit is protected - Without being on IMRF disability or an IMRF benefit protection leave, you will not earn service credit for any month you are not paid by your employer, even if you are receiving workers’ compensation.
• Your pension is protected - If you retire with IMRF, IMRF will use your earnings at the time of your disability rather than the lower disability benefit payment to determine your final rate of earnings (FRE) (up to $109,971.43 in 2013 for Tier 2 participants). Because your FRE determines your IMRF retirement benefit, you protect your IMRF retirement benefit while on IMRF disability.
• Your family is protected - Your IMRF death benefit protection (one year’s salary [up to $109,971.43 in 2013 for Tier 2 participants] plus your IMRF contributions) also continues while you receive disability benefits.

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Duration of benefits

IMRF disability benefits are not paid for the first 30 days of disability. Temporary disability benefits are effective on the 31st day following the date of disability, if you are no longer receiving salary, sick, or vacation pay from your employer. Please refer to the IMRF Disability Booklet (page 8) for information about how the 30-day waiting period is counted.

Temporary disability benefits are paid for a period of time equal to one-half of your service credit, but not more than 30 months.

Total and permanent disability benefits are paid after you have exhausted your temporary benefits. To qualify, you must be totally and permanently disabled and unable to engage in any substantial gainful employment.

For more on IMRF total and permanent disability benefits, please refer to the IMRF Disability Benefits booklet.

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Trial work period

If you are disabled but want to re-enter the work force and your employer offers a trial work period, you may be able to return to work part time without losing all of your IMRF disability benefits.

Under IMRF's trial work period, a disabled member may return to work part time as a way of easing back into the work force. IMRF disability benefits would be reduced dollar-for-dollar by the amount of trial work earnings. IMRF will do this for up to 12 months. One trial work period is allowed for each disability.

IMRF disability benefits will stop if you return to work full time or for as many hours as was normal before the disability occurred.

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Total and permanent disability benefits

Total and permanent disability benefits are paid after you have exhausted your temporary disability benefits. To qualify for total and permanent disability benefits, you must be totally and permanently disabled and unable to engage in any substantial gainful employment.

If you become totally and permanently disabled, assuming you remain disabled, you may receive IMRF total and permanent disability benefits until the later of the following:

• You reach full Social Security Retirement Age, or
• The last day of the month which is five years after you became eligible for IMRF temporary disability benefits.

  *The age for Social Security full retirement benefits is increasing from age 65 beginning with individuals born in 1938. For details, refer to IMRF's Disability Benefits booklet, the Social Security web site, or call Social Security at 1-800-772-1213.

For complete information on IMRF disability benefits, please refer to the IMRF Disability Benefits booklet.

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Summary of Appeal Procedure

If IMRF staff denies or terminates your claim for disability benefits, we will inform you in writing of that decision. At this point if you have either additional evidence of disability or other compelling argument that meets the Pension Code’s definition of disability, you may request a hearing before the IMRF Board of Trustees’ Benefit Review Committee.

To request a hearing, you must complete the “Request for a Hearing,” Form 5.70. This form is enclosed with the denial letter advising you of the disability claim denial. The completed request for a hearing form must be received by IMRF within 90 days of the date of the staff denial letter. Additional information regarding the procedures and deadlines for filing information is stated in the denial letter and on the Request for a Hearing form.

The hearings are held in the IMRF offices. You may appear personally with or without an attorney. If you are unable to attend, a representative or attorney may appear for you. Hearings may also be held via video conference from our Springfield office or via telephone conference at your request. You may also present a written appeal without a personal appearance.

The Benefit Review Committee will make a recommendation to the full IMRF Board of Trustees. The decision of the Board of Trustees, after a Benefit Review Committee hearing, constitutes its final administrative decision and IMRF will take no further action regarding the claim. However, review of the Board of Trustees’ final administrative decisions is provided under Article III of the Illinois Code of Civil Procedure [735 ILCS 5/3-101 et seq. (West 2002)]. If a member wishes to pursue a claim, he or she must file an action for Administrative Review in Circuit Court within 35 days of the date of the notice of the Board’s decision.

Read the complete Appeal Procedures for Disability Benefits.

Read about Pre-tax health and long term care insurance premium deduction for disabled public safety employees

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