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HB 2868

PEN CD-IMRF-SLEP DISABILITY

104th Regular Session Introduced by Amy Elik

HB 2868 gives sheriff’s law enforcement employees with a total and permanent disability a 100% final earnings benefit and restricts gainful activity to post-disability sheriff work

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2868

Summary — HB 2868 (PEN CD‑IMRF‑SLEP DISABILITY)

Status: Rule 19(a) / Re‑referred to Rules Committee
Introduced: February 14, 2025
Primary sponsor: Rep. Amy Elik
Statutory changes: Amends 40 ILCS 5/7‑150 and 40 ILCS 5/7‑152 (Illinois Pension Code, IMRF Article); adds 30 ILCS 805/8.49 (State Mandates Act provision).
Effective: Immediately (per bill text)

Purpose / Intent

HB 2868 amends Illinois Municipal Retirement Fund (IMRF) disability rules to provide special treatment for participating employees who were sheriff’s law enforcement employees at the time their total and permanent disability was incurred. The bill increases the disability benefit for those individuals and limits circumstances in which work by such persons is treated as “gainful activity” that would disqualify or reduce benefits.

Key provisions

  • Deeming of “gainful activity” (40 ILCS 5/7‑150):

    • If a participating employee was a sheriff’s law enforcement employee when the disability occurred, the employee will be considered to have engaged in gainful activity only if they are employed as a sheriff’s law enforcement employee (or in a substantially similar capacity).
    • This narrows the circumstances under which post‑disability employment would be treated as disqualifying gainful activity for former sheriff’s law enforcement employees.

  • Benefit amount for total and permanent disability (40 ILCS 5/7‑152):

    • For persons who were sheriff’s law enforcement employees at the time disability was incurred, the monthly total and permanent disability benefit is set at 100% of the employee’s final rate of earnings on the date the disability was incurred.
    • (This is a change from the general formula that applies to other IMRF members; the bill text indicates a special 100% rule for these members.)

  • Earnings while receiving disability:

    • A person who was a sheriff’s law enforcement employee at the time disability was incurred may receive earnings from a participating municipality or instrumentality if the reason they are not employed as a sheriff’s law enforcement employee is the qualifying medical impairment (i.e., the disability prevents them from performing law enforcement work).
    • Such earnings must be reported to the Fund in a form and manner the Fund prescribes, and reported earnings reduce the disability benefit dollar‑for‑dollar by the amount of those earnings.

  • State Mandates Act (30 ILCS 805/8.49 — new):

    • The bill amends the State Mandates Act to require implementation of this legislation without reimbursement to local governments (i.e., local units are not to be reimbursed by the State for costs arising from the mandate).

Who is affected

  • Primary: IMRF participating employees who were serving as sheriff’s law enforcement employees at the time a qualifying total and permanent disability was incurred (e.g., sheriffs’ deputies or other identified sheriff law enforcement classifications covered by IMRF).
  • Secondary: Participating municipalities and instrumentalities that employ sheriff’s law enforcement personnel and contribute to IMRF; IMRF fund finances and administration (potentially higher benefit payouts and administrative reporting).
  • Local governments may bear increased pension costs (no state reimbursement per the added State Mandates Act provision).

Procedural / timeline notes

  • Sponsor: Rep. Amy Elik.
  • Bill introduced February 14, 2025.
  • Status (as provided): Rule 19(a) / Re‑referred to Rules Committee.
  • The bill text states it is effective immediately upon enactment.

Potential fiscal/operational impact

  • Raises benefit amounts for a narrowly defined class of disabled members (to 100% of final earnings) — this will likely increase IMRF liabilities and employer contribution requirements for affected classifications.
  • Permitting limited outside earnings (with dollar‑for‑dollar offset) preserves some flexibility but requires reporting and administrative processing by IMRF.
  • Because implementation is required “without reimbursement,” affected local employers would not receive state compensation for any increased costs.

Sources: Bill text (amendments to 40 ILCS 5/7‑150, 40 ILCS 5/7‑152; addition to 30 ILCS 805/8.49) and bill synopsis as introduced.

Compiled from official sources — confirm details with the bill’s official record.

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