5.40 A. Eligibility for IMRF Disability Benefits

1. Temporary Disability Benefits

Temporary disability benefits While receiving IMRF temporary or total and permanent disability benefits, a member earns service credit and has the same death benefit protection as if he or she were working. are paid for a period of time equal to one-half of the member’s credited service, but not more than 30 months.

For example: if the member has one year of IMRF service credit, six months are payable. With five or more years of service credit Service credit is a member's total time under IMRF, stated in years and fractions. Service is credited monthly while a member is working, receiving IMRF disability benefits or while he or she is on IMRF's Benefit Protection Leave. A member earns one month of service credit for each month he or she: (1) works in a qualified position and makes a member contribution. (2) worked in a qualified position prior to his or her employer joining IMRF. (3) receives an IMRF disability benefit. (4) is on an IMRF Benefit Protection Leave (limited to 12 months). (5) purchases a month of past service credit. A member cannot earn more than one month of service credit for any given calendar month., 30 months of benefits are payable, provided the member is disabled that long.

Temporary disability benefits are payable under the following conditions:

1. The member must be an active employee when he or she becomes disabled.

2. The member is disabled by a physical or mental condition (sickness or injury) which makes the member unable to perform the duties of any position that might reasonably be assigned by his or her employer A unit of government that joins IMRF..

Disability benefits are paid irrespective of the cause of disability, including elective surgery and pregnancy. The only exceptions are self-inflicted injury and narcotic drug addiction.

3. The member must have at least 12 consecutive months of IMRF service credit since being enrolled in IMRF and he or she must have service credit in each of the 12 months immediately preceding the date of disability.

However, if the member has a one-, two-, or three-month gap in service anytime within those preceding 12 months, he or she may still be eligible for IMRF disability if the member:

• Has 12 consecutive months of service credit anytime prior to the gap in service

and

• Participated with an IMRF employer immediately before and after the gap. Note: Prior to July 26, 2019, members must have participated with the same IMRF employer immediately before and after the gap.

A member is not eligible if he or she is disabled prior to meeting these service requirements even though the member is carried on his or her employer’s payroll after being disabled past the first anniversary date of participation.

Exceptions to the service requirement:

1. If the member had 20 years or more of IMRF service credit, stopped participating in IMRF and did not take a separation refund A member can receive a separation refund-a return of all his/her member contributions without interest-under certain conditions. If a member takes a refund, the member forfeits all of the service credit he/she earned. nor a retirement pension Also known as an annuity. An IMRF pension is paid as long as the member lives. It is increased by 3% of the original amount each year. A member must have at least eight years of service credit and be age 55 to apply for an IMRF pension under the Regular and ECO plans. A member must be age 50 and have at least 20 years of SLEP service credit to apply for a SLEP pension., he or she is immediately eligible for IMRF disability benefits once the member returns to participating status,

OR

2. If the member’s employer just joined IMRF, the member may be eligible without meeting the one-year service requirement, if he or she meets all of the following conditions. The member:

1. Became disabled after his or her employer began participating in IMRF, and

2. Was employed in a qualifying position for at least five years before his or her employer joined IMRF. (If necessary, the member will be required to pay for enough prior service to have at least five years of service credit. See 6.40. 6. Prior Service - Application for Prior Service Credit)

and

3. Was employed the entire year preceding the date he or she became disabled.

If the member participates in IMRF as an elected official, he or she may apply for IMRF disability benefits if the member meets the service credit requirements. However, if the claim is approved, before IMRF can pay a disability benefit the member will have to cease earning income through his or her elected office.

Because elected officials are paid as long as they hold office, the member would need to resign in order to collect IMRF disability benefits. The member would send to IMRF a copy of his or her resignation letter along with a copy of the minutes from the meeting at which the member’s Board (governing body) accepted the resignation.

If the member wishes, he or she can remain in office and complete the term. If after completing the term of office the member is still disabled, he or she will remain eligible for disability benefits. The member could begin receiving IMRF disability benefits at that time.

If the elected official is paid on a per diem basis (paid based upon actual attendance at meetings), he or she does not need to resign the office to receive disability benefits, so long as the official does not attend any meetings and, therefore, does not receive any compensation.

If the member works in a seasonal position and becomes disabled during a month in which he or she is not working (the ”off season”), the member is still eligible to file for IMRF disability benefits and is encouraged to do so. Please note: if the member elected to be paid by your IMRF employer during the ”off season” months, he or she is not eligible to receive IMRF disability payments for those months.

If the member works as a law enforcement officer, correctional officer, or firefighter, he or she is covered under the Illinois Public Employee Disability Act, (5 ILCS 345/0.01 et seq.).

This statute provides for the continuation of compensation for law enforcement officers, correctional officers, and firefighters who suffer a disabling injury in the line of duty. If the member is eligible for a pay continuation under this statute, he or she is not eligible for IMRF disability benefits until these payments stop—provided the member continues to be disabled.

However, if the member meets the other service credit requirements listed above and he or she will be disabled for more than one year, we recommend he or she submit a disability application after six months.

4. The disability has existed for at least 30 consecutive calendar days and the member is no longer receiving compensation from the employer.

Temporary disability benefits begin on the 31st day following the ”date of disability.”

The date of disability refers to the date of the first medical treatment (the date of the first doctor visit) after the last day the member was physically present on the job.

However, if the employer pays earnings which extend the period of compensation beyond the first 30 days of disability, IMRF temporary disability benefits will begin on the day after payment of such earnings has stopped.

For example, if a member is disabled on July 15 and receives sick or vacation pay through July 31, the IMRF disability benefit will begin on August 15. However, if the member receives earnings, sick pay, vacation pay, etc., which extend the compensation period through August 31, the IMRF disability benefit will begin on September l.

The 30-day waiting period is counted from the date of disability (the date of the first medical treatment after the last day the member was physically present on the job) and not from the last day for which the member is paid by the employer.

See the diagram entitled "30-day disability benefit waiting period.”

The 30-day waiting period applies to all disability claims, regardless of the type of claim. The member is not required to use up his or her sick pay or vacation pay before receiving disability benefits.

Exceptions to the 30-day waiting period (Re-occurrence of disabling condition)

If a member receives temporary or total and permanent disability benefits and returns to work, but within six months is again disabled by the same condition, the 30-day waiting period does not apply. IMRF disability benefit payments would begin the day following the last day the member received compensation from his or her employer and the date disabled.

Example:

After being disabled for seven weeks, a member returns to work on Monday, the 5th, and works through Wednesday, the 14th. He is again disabled by the same condition and does not work on Thursday or Friday. He receives salary for the 5th through the 14th.

IMRF disability benefit payments would begin Thursday, the 15th, assuming the member seeks medical treatment which certifies he is disabled. He will also need to submit a new IMRF Form entitled, "Member's Application for Disability Benefits,” and IMRF Form entitled, "Physician’s Statement - Temporary Disability Claim.” In addition, his employer would need to submit a new IMRF Form entitled, ”Employer Statement - Disability Claim,” advising IMRF of the last date the member worked and the last date he was or will be paid.

To access these forms, vist the Member Access area on IMRF's website (www.imrf.org).

Each employer establishes its own rules on the use of sick pay and vacation pay. Members who are eligible for a pay continuation under the Public Employee Disability Act (5 ILCS 345/0.01 et seq.) are not eligible for disability benefits until these payments are terminated.

5. The disability for which benefits are claimed:

1. Is not the result of a self-inflicted injury or narcotic drug addiction.

OR

2. The member did not refuse a position offered by the employer which accommodated the member’s disability.

A physician’s report that a member is disabled may not always be sufficient reason for IMRF to pay disability benefits.

6. If the employer terminates the member’s employment or if an elected official completes his or her term of office, but the member remains disabled by the same condition, the member remains eligible for IMRF disability benefits.

7. Temporary disability benefit payments from IMRF are terminated under certain conditions. The principal reasons for the termination of benefits are as follows:

1. The member has used up all temporary disability benefits, or

2. The member returns to work, or

3. Either the member’s physician or a physician appointed by the employer or by IMRF reports that the member is able to return to work, even though there may not be a position available, or

4. The member’s employer accommodates physician-prescribed job restrictions, but the member refuses to return to work.

5. The member refuses to submit to a physical examination requested by IMRF, or

6. The member fails to submit a medical report from his or her physician certifying continuance of disability.

7. The member resigns from the position with the employer he or she was working for when the member became disabled. Depending on the member’s situation, benefits may continue. The member should contact IMRF BEFORE resigning from his or her position. Also see Paragraph 5.40 D. 5.

If a member is no longer disabled, but does not return to work immediately and the employer wishes to provide service credit, an IMRF Benefit Protection Leave (see 6.40. 7. Leave of Absence) may be awarded. Local leave policy without formal action does not protect the member.

If the member will NOT return to work for his or her IMRF employer, the member must file IMRF Form entitled, "IMRF Benefit Protection Leave" immediately. If he or she does not file this IMRF Form immediately, the member may not be eligible for a Benefit Protection Leave.

To access this form, please send a secure message to request the form. If you are unable to send a secure message, please call our employer-only phone number at 1-800-728-7971

The total service a member can establish under the IMRF leave is limited to a maximum of 12 months during the member’s lifetime, e.g., he or she may be granted a one-time leave of 12 months or several leaves totaling no more than 12 months. To establish the service, the member must pay the member contributions Members who participate in the Regular Plan contribute 4.50% of salary toward a future IMRF pension: 3.75% for the member and 0.75% for a surviving spouse pension. Members who participate in the SLEP plan contribute 7.50% of salary (on and after June 1, 2006) toward a future SLEP pension: 6.75% for the member and 0.75% for a surviving spouse pension. Before June 1, 2006, SLEP members contributed 6.50 percent of salary; 5.75 percent for the member and 0.75 percent for a surviving spouse pension. Members in the ECO plan contribute 7.50 of salary toward a future ECO pension: 6.75% for the member and 0.75% for a surviving spouse pension. that would be due on his or her unpaid earnings.

If a member’s temporary disability benefits run out and he or she is:

1. Participating in Tier 1 and not eligible for IMRF total and permanent disability benefits, the member will continue to receive payments without interruption if the member is approved prior to temporary disability benefits running out. The member must also provide any updated medical information IMRF requests.

2. Not eligible for IMRF total and permanent disability benefits, IMRF will notify the member in writing. If the member does not return to participating employment and is:

1. Younger than age 55 or does not have at least eight years of IMRF service credit, the member can receive a refund of his or her IMRF member contributions without interest.

2. At least age 55 and has at least eight years of IMRF service credit, the member will be eligible for an IMRF pension.

3. At least age 55 and has reciprocal service or past service A member can receive past service credit for service performed and earnings paid for a period prior to January 1 of the current year (January 1 through December 31). Past service falls into three categories of authorization: Requires Governing Body approval or prior resolution on file: Military leave provided by Illinois Pension Code, Retroactive service for elected officials, Application for prior service IMRF Benefit Protection Leave, and Out-of-state service credit authorization. Requires approval of Authorized Agent: Application for retroactive service credit, Omitted service credit verification, General Assembly application for service, and Certification of Sheriff’s Law Enforcement service. Requires application by member only: Application for reinstatement of service (repay a refund), Military leave provided under Federal law, and Conversion of up to 120 months of Regular plan service to SLEP. he or she may purchase, the member may be eligible for an IMRF pension (the application for past service must be filed before the disability benefits terminate).

3. Participating in Tier 2 and not eligible for IMRF total and permanent disability benefits, IMRF will notify the member in writing. If the member does not return to participating employment and is:

• Younger than age 62 or does not have at least 10 years of IMRF service credit, the member can receive a refund of his or her IMRF member contributions without interest.

• At least age 62 and has at least 10 years of IMRF service credit, the member will be eligible for an IMRF pension.

• At least age 62 and has reciprocal service or past service he or she may purchase, the member may be eligible for an IMRF pension (the application for past service must be filed before the disability benefits terminate).

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