Board Resolution 2016-02-08

WHEREAS, section 7-198 of the Illinois Pension Code authorizes the Board of Trustees of the Illinois Municipal Retirement Fund (IMRF) to establish rules necessary or desirable for the efficient administration of the Fund; and

WHEREAS, Section 7-150 of the Illinois Pension Code sets forth the eligibility requirements for total and permanent disability benefits; and

WHEREAS, a participating employee is considered totally and permanently disabled if he or she is "unable to engage in any gainful activity because of any medically determinable physical or mental impairment which can be expected to result in death or be of a long continued or indefinite duration, other than as a result of self-inflicted injury or addiction to narcotic drugs";

WHEREAS the term "gainful activity" requires further definition:

THEREFORE, BE IT RESOLVED that the term "gainful activity" for purposes of eligibility and continued eligibility for IMRF total and permanent disability is as follows:

"gainful activity" for purposes of Section 7-150 of the Illinois Pension Code shall mean whether the applicant, at the time of his or her application for total and permanent disability, is capable of obtaining potential employment in any occupation or position under which the applicant has the ability to earn at a minimum the monthly Social Security gainful work activity earnings limitation. In making this gainful activity determination, consideration shall be given to an applicant’s education and work experience although the determination of whether an applicant is able to engage in gainful activity is not limited to employment in the field where the applicant had previously worked, studied or trained. In addition, in making this gainful activity determination, the geographic availability of gainful activity shall not be considered. In certain cases, at the discretion of IMRF, a vocational expert may be used to make the determination of whether an applicant is unable to engage in any gainful activity as herein defined due to any medically determinable physical or mental impairment which can be expected to result in death or be of a long continued and indefinite duration, other than as a result of self-inflicted injury or addiction to narcotic drugs. An impairment which is considered remediable does not qualify as a total and permanent disability if, with reasonable effort and safety to the applicant, the impairment can be diminished to the extent that the individual will not be prevented by the impairment from engaging in any gainful activity as defined herein.