Effective Date of Payments
IMRF disability benefits are not paid for the first 30 consecutive calendar days of disability. Disability benefits begin on the 31st day following the date of disability, provided pay from the employer has stopped. For more information on the 30-day waiting period, refer to 5.40A.1.c.
Effect of Sick Pay, Vacation Pay, Etc. - Sick pay, vacation pay, etc., are IMRF earnings and subject to IMRF deductions. If sick leave or vacation pay continues beyond the initial 30-day waiting period, the benefit will begin on the day such earnings stop.
Once the employer pays the member sick leave or vacation pay, such payment cannot be reversed. The member cannot return the payment to the employer in an effort to change the dates used to determine the effective date of the benefit.
IMRF does not require that a member use up all vacation or sick pay before receiving disability benefits. This is governed by local personnel policies. However, if at some later date, while the member is receiving IMRF disability benefits, the employer pays vacation or sick pay, IMRF will adjust the disability benefit.
Exception to 30-Day Waiting Period - If a member receives temporary or total and permanent disability benefits and then 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 receives compensation from his or her employer.
For example: After being disabled for seven weeks, a member returns to work on Monday, the 5th, and works through Wednesday, the 14th. She is again disabled by the same condition and does not work on Thursday or Friday. She receives salary for the 5th through the 14th.
Her IMRF disability benefit payments would begin Thursday, the 15th, assuming she seeks medical treatment which certifies she is disabled. She will also need to submit a new “Member’s Application for Disability Benefits,” and ”Physician’s Statement – Temporary Disability Claim.” In addition, the employer will have to provide IMRF of the last date the member worked and the last date she was or will be paid via data collection.
You can also refer to the chart at 5.40A.1.(c) that illustrates the 30-day disability waiting period.
Payment of Disability Benefits
If the member is receiving monthly temporary disability benefits, he or she will receive a ”Report of Disability” form attached to each check.
The member needs to complete and submit the ”Report of Disability” form only when reporting a change in his or her situation. For example, the member:
Was released to return to work, or
Received income from a source he or she did not previously report to IMRF, or
Was awarded or denied Social Security disability benefits, or
Received workers’ compensation weekly benefits, or a lump sum settlement contract, or the member’s claim was denied.
The ”Report of Disability” form attached to the member’s benefit check explains this procedure.
Disability benefits for conditions with a ”pre-determined” time period
Many different conditions have ”pre-determined” time periods when the disabling condition is expected to end, such as pregnancy/childbirth (six to eight weeks following the date of delivery), a broken toe (four weeks after the treatment date), a hysterectomy (six to eight weeks after the procedure), or a broken arm (six to eight weeks after the treatment date).
Conditions with ”pre-determined” time periods are also said to have a ”maximum allowable” period.
However, even though the member becomes disabled by a condition that is ”pre-determined” to last a certain number of weeks, benefits would be payable for a shorter period of time if the:
Member’s attending physician releases the member to return to work earlier than the maximum number of weeks, or
Employer pays the member compensation beyond the first 30 days of disability.
The member may be eligible for additional disability benefits if he or she encounters complications during the pre-determined time period. IMRF must receive sufficient medical evidence from the attending physician describing the complications which prevent the member’s release to return to work.
IMRF advises the member when he or she is being paid the last disability benefit payment. The following message is printed on the check stub:
"This is your last payment, unless you submit medical evidence that results in approval of additional benefits."
Please note: Disability benefits are payable after childbirth as a result of the member’s physical condition. IMRF disability benefits are not payable as a result of the newborn’s condition even though the physician may recommend that the member does not return to work.
See the diagram entitled ”30-Day Disability Benefit Waiting Period for Disabilities with a 'Pre-Determined' Time Period.”
* Each employer establishes its own rules on the use of sick pay and vacation pay. As a result, IMRF’s disability plan does not require the member to use all of his or her sick or vacation pay before receiving disability benefits.