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