Illinois Administrative Code
Title 80 - PUBLIC OFFICIALS AND EMPLOYEES
Part 1750 - RETIREMENT SYSTEM
Section 1750.40 - Retirement for Disability
Universal Citation: 80 IL Admin Code ยง 1750.40
Current through Register Vol. 48, No. 38, September 20, 2024
a) Application for Disability Retirement. An application for retirement for disability filed by a participant between scheduled meetings of the Board and prior to a participant's termination of service, may be accepted with the understanding that certificates or statements from physicians certifying to the disability of the applicant may be required and that final approval of an application would be conditioned upon the member's resignation from service as a Judge.
b) Conditions for Retirement. A Judge shall be considered permanently disabled and eligible for retirement for disability if:
1) the
disability occurred during employment as a Judge;
2) the disability is of such nature as to
prevent him from reasonably performing the duties of his office; and
3) the Board has been furnished a written
statement by at least 2 licensed and practicing physicians designated by the
Board certifying that the Judge is disabled for service as a Judge and that his
disability is likely to be permanent.
c) Administration of Disability Claims.
1) The Board shall cause to be made at least
once each year medical examinations of disability retirement beneficiaries to
determine the continued existence of permanent disability for judicial service
and to establish their continued entitlement to benefit payments. The
physicians to be used for this purpose shall be appointed by the Board and the
cost of the examinations shall be assumed by the Board.
2) Outside investigational services shall be
utilized by the Board from time to time, as the occasion requires, for the
purpose of establishing that a disability retirement beneficiary is permanently
disabled and unable to perform the duties of a Judge, with the cost thereof to
be paid by the Board.
3) Should the
Board decide as the result of medical examinations or other disclosures that
the disability beneficiary is no longer disabled for the performance of duty,
the Board shall notify in writing the disability beneficiary and provide him
the opportunity to submit within 30 days from the date of said notice written
evidence as to why benefits should not be terminated. Thereupon the Board shall
consider the said matter at its next regular meeting and the Secretary shall
notify the disability beneficiary that he may appear at said meeting and be
heard on such question. Thereafter the Board may discontinue payment of
benefits and the appropriate agency or officer of the State shall be notified
regarding such action.
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