Full Text of HB4005 99th General Assembly
HB4005 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4005 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/15-153.1 | from Ch. 108 1/2, par. 15-153.1 |
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Amends the State Universities Article of the Illinois Pension Code. Provides that a police officer receiving a disability benefit who remains unable to perform the duties of a police officer may obtain other employment, including other employment under SURS, without termination of the disability benefit due to that other employment, but subject to any applicable reduction in the disability benefit. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 15-153.1 as follows:
| 6 | | (40 ILCS 5/15-153.1) (from Ch. 108 1/2, par. 15-153.1)
| 7 | | Sec. 15-153.1. Disability benefits - Reduction. | 8 | | (a) If a participant
receiving disability benefits under | 9 | | this Article earns compensation from
any source for personal or | 10 | | professional services in excess of the amount
of the disability | 11 | | benefit, the disability benefit shall be reduced by the
excess | 12 | | of the earnings over the benefit.
| 13 | | (b) If a participant receiving disability benefits under | 14 | | this Article
receives disability income under an insurance | 15 | | contract financed wholly or
partially by the employer, the | 16 | | disability benefit shall be reduced by the
amount so received.
| 17 | | (c) In determining the monthly benefits payable under this | 18 | | Article, a
deduction shall be made equivalent to any benefits | 19 | | payable to any employee
under any State or Federal Worker's | 20 | | Compensation or Occupational Diseases
Acts for any period for | 21 | | which disability benefits are payable. However,
no deduction | 22 | | shall be made in the case of payment for medical, surgical
and | 23 | | hospital services and artificial members or appliances, fixed |
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| 1 | | statutory
payments for the loss of any bodily member, or the | 2 | | permanent and complete
loss of use of 100% of any bodily | 3 | | member, payments for the loss of industrial
vision or | 4 | | redemption awards payable prior to the date monthly disability
| 5 | | benefits first become payable. If the benefits deductible under | 6 | | this paragraph
are stated as a specified amount per week for a | 7 | | designated calendar period,
then the monthly amounts shall, for | 8 | | purposes of this Section, be 4 1/3 times
such weekly amount.
| 9 | | For any calendar month during which the amount of benefits | 10 | | deductible when
thus computed on the monthly basis exceeds the | 11 | | amount of the monthly benefit
otherwise payable under this | 12 | | Article for that month, no monthly disability
benefit shall be | 13 | | payable under this Article. For any calendar month in
which the | 14 | | amount of benefits deductible when computed on a monthly basis
| 15 | | is less than the monthly disability benefit payable for that | 16 | | month, such
lesser amount shall be deducted from the monthly | 17 | | disability benefit payable
for that month. Lump sum awards | 18 | | provided for the payment in advance of
workers' compensation | 19 | | benefits which are definitely allocable to specific
weeks in a | 20 | | calendar period shall be deducted on the same basis as if the
| 21 | | award had been payable on a weekly basis.
| 22 | | If such workers' compensation is not allocable to any | 23 | | specific calendar
period, including redemption awards payable | 24 | | subsequent to the date monthly
disability benefits first become | 25 | | payable, an equivalent monthly amount of
such awards shall be | 26 | | computed for the purposes of this Section as 4 1/3
times the |
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| 1 | | amount of the weekly workers' compensation benefit provided by
| 2 | | the applicable statute for the participant and his or her | 3 | | dependents. The
total workers' compensation awards shall be | 4 | | divided by such computed equivalent
monthly amounts to | 5 | | determine the number of months and fractions of months
during | 6 | | which monthly disability benefits shall be reduced.
| 7 | | (d) A police officer (as defined in Section 15-132.1) | 8 | | receiving a disability benefit under this Article who remains | 9 | | unable to perform the duties of a police officer may obtain | 10 | | other employment, including other employment under this | 11 | | Article, without termination of the disability benefit due to | 12 | | that other employment, but subject to the reduction provided | 13 | | for in this Section, if applicable. | 14 | | (Source: P.A. 83-1440.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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