Board Resolution 2005-11-06(b)

Meeting room

Topic: Death Benefits
Subtopic: Eligibility
Date: 11/17/2005
Status: Active

WHEREAS, employees who leave work because of illness are not placed on authorized leave of absence because they are considered disabled by their municipality; and

WHEREAS, Section 7-164 of the Illinois Pension Code provides for a different death benefit payable upon death of an employee while in an employment relationship from that of an employee after his separation of service; and

WHEREAS, it is desirable for the Board to adopt rules and regulations applicable to this provision for direction of the Executive Director and staff; and

WHEREAS, the Board has previously adopted Resolution 1969-7332 (amended July 21, 2005) establishing death benefit eligibility rules for members who are ineligible for disability benefits; and

WHEREAS, it is desirable for the Board to adopt rules establishing death benefit eligibility for members who leave work because of illness and whose disability application is pending or who fail to file a disability application.

NOW, THEREFORE, BE IT RESOLVED that the following rules and regulations shall be adopted under Section 7-164 of the Illinois Pension Code:

1. An applicant for a disability benefit shall be considered to be in an employment relationship with his municipality until final disposition of his application.

2. Final disposition of a disability application shall be on the day a disability benefit is awarded or the day that the time to appeal the final denial of a claim expires.

3. Any other employee who leaves work because of illness shall be considered to be in an employment relationship on date of death, even if no application for disability benefits is filed, if:

a. The municipality considered the employee to be on disability leave of absence.

b. The employee dies within one year from the same illness or injury that caused the employee to leave work

3a. A posthumous disability application will be accepted in this case and will be processed under the usual rules for disability benefits.