Disability
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Disability
EFFECTIVE DATE: February 18, 2014
The Municipal Employees’ Annuity and Benefit Fund of Chicago (the “Fund”) administers disability benefits provided by Chapter 40 Act 51 of the Illinois Compiled Statutes (the “Pension Code”) to active members of the Fund employed by the City of Chicago, the Chicago Board of Education, or the Fund (“Participants”).
The Municipal Employees’ Annuity and Benefit Fund of Chicago (the “Fund”) administers disability benefits provided by Chapter 40 Act 51 of the Illinois Compiled Statutes (the “Pension Code”) to active members of the Fund employed by the City of Chicago, the Chicago Board of Education, or the Fund (“Participants”).
GENERAL OVERVIEW:
1The Fund is governed by 40 ILCS 5/ Article 1, 8, and 20.
Disability Benefits: By Type
A disability benefit is designed to provide compensation, in replacement of salary, for a Participant injured or suffering from an illness that prevents them from working. As a Participant, you are entitled to apply for and, if eligible, receive a benefit. There are two types of disability benefits – (1) duty disability benefits and (2) ordinary disability benefits.
Duty Disability
benefits are available ONLY to active Participants who are disabled as the result of an injury or illness “incurred in the performance of an act or acts of duty.”
Ordinary Disability
benefits [non-duty] are available to those active Participants who are disabled “as the result of any cause other than injury or illness incurred in the performance of an act or acts of duty.” A disabled Participant can only apply for one type of benefit. If the Fund receives applications for both duty and ordinary disability from a Participant for the same injury or illness, both will be denied.
Disability Benefits: By Type
A disability benefit is designed to provide compensation, in replacement of salary, for a Participant injured or suffering from an illness that prevents them from working. As a Participant, you are entitled to apply for and, if eligible, receive a benefit. There are two types of disability benefits – (1) duty disability benefits and (2) ordinary disability benefits.
Duty Disability
benefits are available ONLY to active Participants who are disabled as the result of an injury or illness “incurred in the performance of an act or acts of duty.”
Ordinary Disability
benefits [non-duty] are available to those active Participants who are disabled “as the result of any cause other than injury or illness incurred in the performance of an act or acts of duty.” A disabled Participant can only apply for one type of benefit. If the Fund receives applications for both duty and ordinary disability from a Participant for the same injury or illness, both will be denied.
UNIVERSAL ELIGIBILITY REQUIREMENTS:
The disability benefits provided in the Pension Code are employee benefits. If service is separated with your employer, you are no longer eligible for disability benefits. Regardless of disability type (ordinary or duty), you must meet the requirements below:
- Be a qualifying Participant at the time of injury/illness and at the time application is made
- Be disabled (a) at the time of application (unless there is reasonable cause of delay as determined by the Board) and (b) during the entire requested/granted benefit period
- Be examined by a licensed and practicing physician appointed by the Board at least once a year
- Not receive all or any portion of salary from the City of Chicago or Chicago Board of Education during any period for which the disability benefit is paid; (i.e., be in a "no pay" status)
- Not be employed and in receipt of salary by any public body supported in whole or in part by taxation during the period of time for which disability benefits are received
- Compensation from outside private employment during time of disability must be disclosed to the Fund. If the total of your compensation from outside employment plus your entitled Fund disability benefit and any amounts received from Workers' Compensation, equals or exceeds your salary at time of injury/disablement, your benefit from the Fund will be reduced or possibly eliminated.
2The Fund does not consider the following as Participants:
- Employees who work in positions ordinarily not requiring at least four months of service during a calendar year if salary is arranged on a monthly basis, or 700 hours of service during a calendar year if salary is on a hourly basis, and certain minimum periods for persons with salaries arranged on a weekly or daily basis.
- Employees working for the Employer while receiving an annuity from the Chicago Policemen’s, Firemen’s, or Laborers’ Pension Funds (other than a spouse annuity).
3(40 ILCS 5/8-163) (from Ch. 108 1/2, par. 8-163) Sec. 8-163. When disability benefit not payable. (b) Disability benefit shall not be
paid for any time for which the employee receives any part of his salary or is employed by any public body supported in whole or in
part by taxation.
Board Decision
Once an application is complete and all required support documentation is received, the application will be presented to the Board for consideration at a regularly scheduled meeting. Notice of the Board’s determination to a Participant’s application will be communicated to the Participant in writing.
Should an application be denied, the Fund will provide information regarding the reason for denial. If the Participant disputes denial of benefits, a request for reconsideration may be sent in writing to the Fund’s Disability Supervisor, which shall include the reasons why the application should be reconsidered and any new documentation supporting the Participant’s request.
Should an application be denied, the Fund will provide information regarding the reason for denial. If the Participant disputes denial of benefits, a request for reconsideration may be sent in writing to the Fund’s Disability Supervisor, which shall include the reasons why the application should be reconsidered and any new documentation supporting the Participant’s request.
Termination of Benefit
Disability benefits will cease upon:
1. Date the disability ceases
2. Release by Participant’s attending physician to return to work
3. Resignation or termination of employment
4. Death of recipient
5. Granted disability period ends
6. Workers’ Compensation ceases or suspends their benefit
7. Statutory maximum allowance is met
8. Refusal to submit for examination or participate in an IME (independent medical examination) at the request of the Fund
9. Employment by a Public Body supported by taxation
10. Failure of Participant to submit medical and leave of absence documents required by the Fund to extend disability benefits
1. Date the disability ceases
2. Release by Participant’s attending physician to return to work
3. Resignation or termination of employment
4. Death of recipient
5. Granted disability period ends
6. Workers’ Compensation ceases or suspends their benefit
7. Statutory maximum allowance is met
8. Refusal to submit for examination or participate in an IME (independent medical examination) at the request of the Fund
9. Employment by a Public Body supported by taxation
10. Failure of Participant to submit medical and leave of absence documents required by the Fund to extend disability benefits
Ordinary Disability
Amount
Ordinary disability provides a benefit payment equal to 50% of salary at the date of actual disability for eligible Participants. The salary used to compute the disability benefit is the Participant’s straight time salary and excludes overtime pay.
Calculating Your Start Date
Ordinary disability benefits are not paid for the first 30 days of disability. The benefit payment period for an approved application begins after the first 30 days of disability, provided you are in a “no pay” status with your employer. If you remain in a “pay” status beyond the first 30 days, the disability benefit period will begin on the first date following the last date salary is paid.
Example 1)
Participant’s last day physically at work is July 15, 2013 but he remains in receipt of pay through August 2, 2013. The Fund begins paying the ordinary disability benefit for the period beginning August 15, 2013 (31st day after July 15, 2013).
Example 2)
Participant’s last day physically at work is July 15, 2013 but he remains in receipt of pay through August 31, 2013. The Fund begins paying the ordinary disability benefit for the period beginning September 1, 2013 (day after last day salary is paid). Maximum Benefit Time Period Eligible Participants are entitled to receive ordinary disability benefits for a period equal to one quarter (¼) of the length of their Fund service credit, not to exceed a period of 5 years.
Application Timing
An application must be made while the disability exists unless the Board finds reasonable cause for delay in filing. Once you submit your application, you are allowed 90 days to submit all necessary supporting documentation for your application. If documentation is not received within the requested 90 days, an additional 30 days extension may be granted. Failure to complete an application in a timely fashion may result in the denial of the benefit application.
Application for ordinary disability benefits requires certification, under oath, that injury/illness was/is not related to a duty injury. Participants are advised that filing a false statement on an application for ordinary disability benefits may be reported to the State’s Attorney in accordance with Public Act 97-0651.
Ordinary disability benefits cannot be paid retroactively for any period of time more than one year prior to the date of application with the Fund.
Amount
Ordinary disability provides a benefit payment equal to 50% of salary at the date of actual disability for eligible Participants. The salary used to compute the disability benefit is the Participant’s straight time salary and excludes overtime pay.
Calculating Your Start Date
Ordinary disability benefits are not paid for the first 30 days of disability. The benefit payment period for an approved application begins after the first 30 days of disability, provided you are in a “no pay” status with your employer. If you remain in a “pay” status beyond the first 30 days, the disability benefit period will begin on the first date following the last date salary is paid.
Example 1)
Participant’s last day physically at work is July 15, 2013 but he remains in receipt of pay through August 2, 2013. The Fund begins paying the ordinary disability benefit for the period beginning August 15, 2013 (31st day after July 15, 2013).
Example 2)
Participant’s last day physically at work is July 15, 2013 but he remains in receipt of pay through August 31, 2013. The Fund begins paying the ordinary disability benefit for the period beginning September 1, 2013 (day after last day salary is paid). Maximum Benefit Time Period Eligible Participants are entitled to receive ordinary disability benefits for a period equal to one quarter (¼) of the length of their Fund service credit, not to exceed a period of 5 years.
Application Timing
An application must be made while the disability exists unless the Board finds reasonable cause for delay in filing. Once you submit your application, you are allowed 90 days to submit all necessary supporting documentation for your application. If documentation is not received within the requested 90 days, an additional 30 days extension may be granted. Failure to complete an application in a timely fashion may result in the denial of the benefit application.
Application for ordinary disability benefits requires certification, under oath, that injury/illness was/is not related to a duty injury. Participants are advised that filing a false statement on an application for ordinary disability benefits may be reported to the State’s Attorney in accordance with Public Act 97-0651.
Ordinary disability benefits cannot be paid retroactively for any period of time more than one year prior to the date of application with the Fund.
Duty Disability
Amount
Duty disability provides a benefit payment for eligible Participants equal to 75% of salary on date of injury or 50% if the disability resulted from any physical defect or disease that existed at the time injury was sustained. If the disability benefits continue for more than 5 years, on January 1 of the sixth year, such benefit will be increased by 10%.
Duty disability benefit payments are subject to an offset/reduction by any payment or settlement received from the City of Chicago or the Chicago Board of Education under the Workers’ Compensation Act or the Workers’ Occupational Disease Act.
It is the responsibility of the Participant to notify the Fund of any payment or settlement received based on his or her injury. A complete copy of the award or settlement must be provided to the Fund. Failure to do so can lead to the reduction of award or benefits and the collection of any prior benefits improperly received.
Maximum Benefit Time Period
For disability beginning before age 60, a benefit is payable until the Participant attains age 65. If disability commences after age 60, the benefit is payable during the disability for a period not to exceed 5 years. Disability payments shall cease when a participant is found to no longer be disabled.
Workers’ Compensation
Before any action can be taken by the Fund on an application for duty disability, a Participant must file a timely claim for Workers’ Compensation with their employer. An applicant must begin to receive payment for the claim or the claim must otherwise be finally adjudicated before the Fund can either approve or deny the application for duty disability
The Participant is required to maintain a complete application with the Fund while awaiting a decision on their Workers’ Compensation claim. A participant is not allowed to apply for ordinary disability for the same injury or illness that is the basis of the participant’s duty application.
Once you submit your application, you are afforded 90 days to submit all necessary supporting documentation for your application. If documentation is not received within the requested 90 days, an additional 30 days extension may be granted. Failure to complete an application in a timely fashion may result in the denial of the benefit application.
Duty disability benefits cannot be paid retroactively for any period of time more than one year prior to the date of application with the Fund.
Child Benefit
A Participant that is in receipt of a duty disability benefit is also entitled to receive an amount of $10 per month on account of each unmarried child less than the age of 18, provided that the child’s disability benefit does not exceed 15% of such Participant’s salary at the date of injury. The total duty disability benefit and child’s duty disability benefit combined may not exceed 90% of the of the member’s salary at the time. Exceptions In accordance with 40 ILCS 5/8-161.1(a), Disablement because of commonly termed heart attacks or strokes or any disablement falling within the broad field of coronary involvement or heart disease, shall not be the result of an accidental injury incurred in the performance of duty.
Amount
Duty disability provides a benefit payment for eligible Participants equal to 75% of salary on date of injury or 50% if the disability resulted from any physical defect or disease that existed at the time injury was sustained. If the disability benefits continue for more than 5 years, on January 1 of the sixth year, such benefit will be increased by 10%.
Duty disability benefit payments are subject to an offset/reduction by any payment or settlement received from the City of Chicago or the Chicago Board of Education under the Workers’ Compensation Act or the Workers’ Occupational Disease Act.
It is the responsibility of the Participant to notify the Fund of any payment or settlement received based on his or her injury. A complete copy of the award or settlement must be provided to the Fund. Failure to do so can lead to the reduction of award or benefits and the collection of any prior benefits improperly received.
Maximum Benefit Time Period
For disability beginning before age 60, a benefit is payable until the Participant attains age 65. If disability commences after age 60, the benefit is payable during the disability for a period not to exceed 5 years. Disability payments shall cease when a participant is found to no longer be disabled.
Workers’ Compensation
Before any action can be taken by the Fund on an application for duty disability, a Participant must file a timely claim for Workers’ Compensation with their employer. An applicant must begin to receive payment for the claim or the claim must otherwise be finally adjudicated before the Fund can either approve or deny the application for duty disability
The Participant is required to maintain a complete application with the Fund while awaiting a decision on their Workers’ Compensation claim. A participant is not allowed to apply for ordinary disability for the same injury or illness that is the basis of the participant’s duty application.
5 (40 ILCS 5/8-163) (from Ch. 108 1/2, par. 8-163) Sec. 8-163. When disability benefit not payable. (a) If an employee receiving duty or ordinary disability benefit refuses to submit to examination by a physician appointed by the board, or fails or refuses to consent to and sign an authorization allowing the board to receive copies of or examine the employee’s medical and hospital records, or fails or refuses to provide complete information regarding any other employment for compensation he has received since he has become disabled, he shall have no further right to receive the benefit. The Fund begins paying the ordinary disability benefit for the period beginning August 15, 2013 (31st day after July 15, 2013).
Application TimingOnce you submit your application, you are afforded 90 days to submit all necessary supporting documentation for your application. If documentation is not received within the requested 90 days, an additional 30 days extension may be granted. Failure to complete an application in a timely fashion may result in the denial of the benefit application.
Duty disability benefits cannot be paid retroactively for any period of time more than one year prior to the date of application with the Fund.
Child Benefit
A Participant that is in receipt of a duty disability benefit is also entitled to receive an amount of $10 per month on account of each unmarried child less than the age of 18, provided that the child’s disability benefit does not exceed 15% of such Participant’s salary at the date of injury. The total duty disability benefit and child’s duty disability benefit combined may not exceed 90% of the of the member’s salary at the time. Exceptions In accordance with 40 ILCS 5/8-161.1(a), Disablement because of commonly termed heart attacks or strokes or any disablement falling within the broad field of coronary involvement or heart disease, shall not be the result of an accidental injury incurred in the performance of duty.
Administrative Procedures
Universal Procedures:
Universal Procedures:
- Application must be made while the Participant is an active employee and Fund member
- Any submitted documentation without an actual application on file with the Fund, will be held for 90 days. If an application is not submitted during this time, no action will be taken on the matter. The Fund will maintain a copy and return the original miscellaneous documentation to the Participant.
- A warrant is required to be completed by the Participant each month to receive the disability payment. Disability checks are mailed to the Participant 5 mailing days before the end of the month, provided the Participant has returned their warrant stating that they are still disabled, have not returned to work, and have not resigned or been terminated from employment.
- If the Fund has not received a disability check warrant, phone call, or correspondence from the Participant within 3 months of holding their check(s), the disability check(s) will be cancelled. When the employee contacts the Fund and any necessary paperwork is received, the disability payments will be reinstated if the participant remains eligible
- If a Participant receiving duty or ordinary disability receives a retroactive pay increase that changes the salary that the disability benefit was based on, the disability benefit will be adjusted and a retroactive disability payment paid.
- If a Participant will be off work due to an illness, the Participant must be on a current medical leave of absence (LOA) and must be treated by his or her attending physician for said illness. This leave of absence must be kept up to date (extended with the employer when needed) and approved copies must be submitted to the Fund.
- All complete ordinary disability applications will be processed by the Fund and held pending a final decision by the Retirement Board. The Participant is required to maintain his or her leave of absence with their employer as well as a completed application with the Fund. Failure to maintain a completed application with the Fund will result in a recommendation to the Board for denial of benefit.
- If a Participant who is receiving ordinary disability benefits returns to work after being released to return to work by the attending physician and within one month of returning to work becomes disabled due to a re-occurrence of the illness/injury, the Participant would be re-instated to ordinary disability without being subject to another 30 day unpaid waiting period.
- If an injury or illness occurred while in the performance of an act of duty, a Participant must first file an accident report with his employer and apply for Workers’ Compensation benefits through his employer and then submit an application for duty disability benefits with the Fund.
- The Participant must be on a duty leave of absence with his employer to be eligible for duty disability.
- All duty related applications will be held pending a final decision from Worker’s Compensation. The Participant is required to maintain a complete application with the Fund while awaiting a decision on their Workers’ Compensation claim. Failure to maintain an application with the Fund will result in a recommendation to the Board for a denial of benefit.
- A Participant receiving duty disability benefits from the Fund must inform the Fund in a timely manner that he has eligible minor children under the age of 18. The $10.00 per month child benefit will not be paid for any period prior to one year from the date the Participant provides the child’s birth certificate to the Fund. The Participant’s name must be listed as the child’s parent on the child’s birth certificate.
- A Participant claiming duty disability benefits may not apply for ordinary disability benefits for the same injury or illness.
- A Participant must apply for duty disability benefits in order to receive pension credit.
- If an injury or illness occurred while in the performance of an act of duty, a Participant must first file an accident report with his employer and apply for Workers’ Compensation benefits through his employer and then submit an application for duty disability benefits with the Fund.
- The Participant must be on a duty leave of absence with his employer to be eligible for duty disability.
- All duty related applications will be held pending a final decision from Worker’s Compensation. The Participant is required to maintain a complete application with the Fund while awaiting a decision on their Workers’ Compensation claim. Failure to maintain an application with the Fund will result in a recommendation to the Board for a denial of benefit.
- A Participant receiving duty disability benefits from the Fund must inform the Fund in a timely manner that he has eligible minor children under the age of 18. The $10.00 per month child benefit will not be paid for any period prior to one year from the date the Participant provides the child’s birth certificate to the Fund. The Participant’s name must be listed as the child’s parent on the child’s birth certificate.
- A Participant claiming duty disability benefits may not apply for ordinary disability benefits for the same injury or illness.
- A Participant must apply for duty disability benefits in order to receive pension credit.