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SB2520 Engrossed |
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LRB095 17536 AMC 43610 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing |
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| Section 11-158 as follows:
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| (40 ILCS 5/11-158) (from Ch. 108 1/2, par. 11-158)
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| Sec. 11-158. When disability benefit not payable. |
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| (a) If an
employee receiving duty or ordinary disability |
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| benefit refuses to submit
to examination by a physician |
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| appointed by the board, or fails or refuses
to consent to and |
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| sign an authorization allowing the board to receive
copies of |
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| or examine the employee's medical and hospital records, or |
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| fails
or refuses to provide complete information regarding any |
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| other employment
for compensation he has received since he has |
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| become disabled, he shall have no
further right to receive the |
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| benefit.
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| (b) Disability benefit shall not be paid for any time for |
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| which the
employee receives any part of his salary or while |
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| employed by any public
body supported in whole or in part by |
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| taxation.
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| (c) Before any action is taken by the Board on an |
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| application for a duty disability benefit or a widow's |
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| compensation or supplemental benefit, the employee or widow |
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SB2520 Engrossed |
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LRB095 17536 AMC 43610 b |
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| shall file a claim with the employer to establish that the |
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| disability or death occurred while the employee was acting |
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| within the scope of and in the course of his duties. |
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| Any amounts provided to the employee or surviving spouse |
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| either as temporary total disability payments, permanent total |
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| disability payments, a lump sum settlement, award, or other |
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| payment under the Workers' Compensation Act or Workers' |
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| Occupational Diseases Act shall be applied as an offset to the |
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| disability benefit paid by the Fund, whether duty or ordinary, |
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| or any widow compensation or supplemental benefit payable |
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| hereunder until a period of time has elapsed when the benefit |
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| payable equals the amount of such compensation, payment, or |
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| award. The duty disability benefit will be offset at the rate |
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| of the amount of temporary total disability payments or |
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| permanent disability payments made under the Workers' |
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| Compensation Act or Workers' Occupational Diseases Act. |
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| If such amounts are not readily determinable or if an |
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| employee has not received temporary total disability payments |
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| or permanent weekly or monthly payments for the entire period |
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| of disability up to the time of the compensation, payment, or |
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| award under the Workers' Compensation Act or Workers' |
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| Occupational Diseases Act, the disability benefit paid by the |
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| Fund will be offset by 66 2/3% of the employee's salary on the |
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| date of disablement. The offset will not be greater than the |
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| amount of disability benefits due from the Fund. The offset |
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| will be applied until a period of time has elapsed when the |
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SB2520 Engrossed |
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LRB095 17536 AMC 43610 b |
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| benefit payable equals the amount of such compensation, |
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| payment, or award. This offset will not apply to the initial |
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| days of disability when workers' compensation would not |
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| ordinarily be payable. |
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| The amount of compensation or supplemental annuity payable |
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| to a widow will be offset by any compensation, payment, or |
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| award until a period of time has elapsed when the benefit |
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| payable equals the amount of such compensation, payment, or |
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| award. |
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| If an employee who has been disabled has received ordinary |
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| disability from the Fund and also receives any compensation or |
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| payment for specific loss, disability, or death under the |
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| Workers' Compensation Act or Workers' Occupational Diseases |
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| Act, the ordinary disability benefit must be repaid to the Fund |
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| before any other benefit under this Article can be granted or |
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| paid. If no other benefit is applied for, the ordinary |
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| disability would be offset according to the provisions of this |
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| Section. |
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| The employee and the employer shall provide the Fund on a |
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| timely basis, with the entry of the settlement contract lump |
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| sum petition and order settlement of any such lawsuit, |
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| including all details of the settlement. |
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| If an employee who shall be disabled or his widow receives |
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| any
compensation or payment from the city for specific loss, |
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| disability or
death under the Workers' Compensation Act, or
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| Workers' Occupational
Diseases Act, and the disability or |
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LRB095 17536 AMC 43610 b |
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| injury or loss which forms the basis
for any compensation, |
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| award, pension or payment for a specific loss is
also a |
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| condition which renders such employee incapable of performing |
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| his
duties in the service, the disability benefit shall be |
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| reduced by any
amount so received if such amount is less than |
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| the benefit or, subject
to adjustment when final determination |
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| of the amount received can be
made, the amount estimated to be |
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| received under the provisions of the
Workers' Compensation Act |
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| or Workers' Occupational Diseases Act. If
the amount received |
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| as compensation, payment or award under the
aforesaid Acts |
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| exceeds the disability benefit, no payment of benefit
shall be |
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| made until a period of time has elapsed when the benefit
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| payable at the rate herein stated equals the amount of such
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| compensation, payment or award. In calculating any such period |
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| of time,
interest upon the amounts involved shall not be |
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| considered.
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| (d) An employee who enters service after December 31, 1987, |
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| or an
employee who makes application for a disability benefit |
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| or applies for a
disability benefit for a recurrence of a |
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| previous disability, and who,
while in receipt of an ordinary |
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| or duty disability benefit, assumes any
employment for |
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| compensation, shall not be entitled to receive any amount of
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| such disability benefit which, when added to his compensation |
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| for such
employment during disability, plus any amount payable |
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| under the provisions
of the Workers' Compensation Act or |
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| Workers' Occupational Diseases Act,
would exceed the rate of |
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SB2520 Engrossed |
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LRB095 17536 AMC 43610 b |
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| salary on which his disability benefit is based.
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| (Source: P.A. 85-964.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.32 as follows: |
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| (30 ILCS 805/8.32 new) |
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| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of |
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| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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