Full Text of HB2916 99th General Assembly
HB2916enr 99TH GENERAL ASSEMBLY |
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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 7-172.1 as follows:
| 6 | | (40 ILCS 5/7-172.1) (from Ch. 108 1/2, par. 7-172.1)
| 7 | | Sec. 7-172.1. Actions to enforce payments by | 8 | | municipalities and
instrumentalities. | 9 | | (a) If any participating municipality or participating
| 10 | | instrumentality fails to transmit to the Fund contributions | 11 | | required of it
under this Article or contributions collected by | 12 | | it from its participating
employees for the purposes of this | 13 | | Article for more than
60 90 days after the payment of such | 14 | | contributions is due, the Fund, after
giving notice to such | 15 | | municipality or instrumentality, may certify to
the State | 16 | | Comptroller the amounts of such delinquent payments and the
| 17 | | Comptroller shall deduct the amounts so certified or any part | 18 | | thereof
from any grants of State funds to the municipality or | 19 | | instrumentality
involved and shall pay the amount so deducted | 20 | | to the Fund. If State
funds from which such deductions may be | 21 | | made are not available, the Fund
may proceed against the | 22 | | municipality or instrumentality to recover the
amounts of such | 23 | | delinquent payments in the appropriate circuit court.
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| 1 | | (b) If any participating municipality fails to transmit to | 2 | | the Fund
contributions required of it under this Article or | 3 | | contributions collected
by it from its participating employees | 4 | | for the purposes of this Article for
more than 60 90 days after | 5 | | the payment of such contributions is due, the Fund,
after | 6 | | giving notice to such municipality, may certify the fact of | 7 | | such
delinquent payment to the county treasurer of the county | 8 | | in which such
municipality is located, who shall thereafter | 9 | | remit the amounts collected
from the tax levied by the | 10 | | municipality under Section 7-171 directly to
the Fund.
| 11 | | (c) If reports furnished to the Fund by the municipality or
| 12 | | instrumentality involved are inadequate for the computation of | 13 | | the
amounts of such delinquent payments, the Fund may provide | 14 | | for such audit
of the records of the municipality or | 15 | | instrumentality as may be required
to establish the amounts of | 16 | | such delinquent payments. The municipality
or instrumentality | 17 | | shall make its records available to the Fund for the
purpose of | 18 | | such audit. The cost of such audit shall be added to the
amount | 19 | | of the delinquent payments and shall be recovered by the Fund
| 20 | | from the municipality or instrumentality at the same time and | 21 | | in the
same manner as the delinquent payments are recovered.
| 22 | | (Source: P.A. 86-273.)
| 23 | | Section 10. The Public Safety Employee Benefits Act is | 24 | | amended by changing Section 17 as follows: |
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| 1 | | (820 ILCS 320/17) | 2 | | Sec. 17. Reporting forms. | 3 | | (a) A person who qualified for benefits under subsections | 4 | | (a) and (b) of Section 10 of this Act (hereinafter referred to | 5 | | as "PSEBA recipient") shall be required to file a form with his | 6 | | or her employer as prescribed in this Section. The Commission | 7 | | on Government Forecasting and Accountability (COGFA) shall use | 8 | | the form created in this Act and prescribe the content of the | 9 | | report in cooperation with one statewide labor organization | 10 | | representing police, one statewide law enforcement | 11 | | organization, one statewide labor organization representing | 12 | | firefighters employed by at least 100 municipalities in this | 13 | | State that is affiliated with the Illinois State Federation of | 14 | | Labor, one statewide labor organization representing | 15 | | correctional officers and parole agents that is affiliated with | 16 | | the Illinois State Federation of Labor, one statewide | 17 | | organization representing municipalities, and one regional | 18 | | organization representing municipalities. COGFA may accept | 19 | | comment from any source, but shall not be required to solicit | 20 | | public comment. Within 60 days after the effective date of this | 21 | | amendatory Act of the 98th General Assembly, COGFA shall remit | 22 | | a copy of the form contained in this subsection to all | 23 | | employers subject to this Act and shall make a copy available | 24 | | on its website. | 25 | | "PSEBA RECIPIENT REPORTING FORM: |
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| 1 | | Under Section 17 of the Public Safety Employee Benefits | 2 | | Act (820 ILCS 320/17), the Commission on Government | 3 | | Forecasting and Accountability (COGFA) is charged with | 4 | | creating and submitting a report to the Governor and the | 5 | | General Assembly setting forth information regarding | 6 | | recipients and benefits payable under the Public Safety | 7 | | Employee Benefits Act (Act). The Act requires employers | 8 | | providing PSEBA benefits to distribute this form to any | 9 | | former peace officer, firefighter, or correctional officer | 10 | | currently in receipt of PSEBA benefits. | 11 | | The responses to the questions below will be used by | 12 | | COGFA to compile information regarding the PSEBA benefit | 13 | | for its report. The Act prohibits the release of any | 14 | | personal information concerning the PSEBA recipient and | 15 | | exempts the reported information from the requirements of | 16 | | the Freedom of Information Act (FOIA). | 17 | | The Act requires the PSEBA recipient to complete this | 18 | | form and submit it to the employer providing PSEBA benefits | 19 | | within 60 days of receipt. If the PSEBA recipient fails to | 20 | | submit this form within 60 days of receipt, the employer is | 21 | | required to notify the PSEBA recipient of non-compliance | 22 | | and provide an additional 30 days to submit the required | 23 | | form. Failure to submit the form in a timely manner will | 24 | | result in the PSEBA recipient incurring responsibility for | 25 | | reimbursing the employer for premiums paid during the | 26 | | period the form is due and not filed. |
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| 1 | | (1) PSEBA recipient's name: | 2 | | (2) PSEBA recipient's date of birth: | 3 | | (3) Name of the employer providing PSEBA benefits: | 4 | | (4) Date the PSEBA benefit first became payable: | 5 | | (5) What was the medical diagnosis of the injury | 6 | | that qualified you for the PSEBA benefit? | 7 | | (6) Are you currently employed with compensation? | 8 | | (7) If so, what is the name(s) of your current | 9 | | employer(s)? | 10 | | (8) Are you or your spouse enrolled in a health | 11 | | insurance plan provided by your current employer or | 12 | | another source? | 13 | | (9) Have you or your spouse been offered or | 14 | | provided access to health insurance from your current | 15 | | employer(s)? | 16 | | If you answered yes to question 8 or 9, please provide | 17 | | the name of the employer, the name of the insurance | 18 | | provider(s), and a general description of the type(s) of | 19 | | insurance offered (HMO, PPO, HSA, etc.): | 20 | | (10) Are you or your spouse enrolled in a health | 21 | | insurance plan provided by a current employer of your | 22 | | spouse? | 23 | | (11) Have you or your spouse been offered or | 24 | | provided access to health insurance provided by a | 25 | | current employer of your spouse? | 26 | | If you answered yes to question 10 or 11, please |
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| 1 | | provide the name of the employer, the name of the insurance | 2 | | provider, and a general description of the type of | 3 | | insurance offered (HMO, PPO, HSA, etc.) by an employer of | 4 | | your spouse:" | 5 | | COGFA COFGA shall notify an employer of its obligation to | 6 | | notify any PSEBA recipient receiving benefits under this Act of | 7 | | that recipient's obligation to file a report under this | 8 | | Section. A PSEBA recipient receiving benefits under this Act | 9 | | must complete and return this form to the employer within 60 | 10 | | days of receipt of such form. Any PSEBA recipient who has been | 11 | | given notice as provided under this Section and who fails to | 12 | | timely file a report under this Section within 60 days after | 13 | | receipt of this form shall be notified by the employer that he | 14 | | or she has 30 days to submit the report or risk incurring the | 15 | | cost of his or her benefits provided under this Act. An | 16 | | employer may seek reimbursement for premium payments for a | 17 | | PSEBA recipient who fails to file this report with the employer | 18 | | 30 days after receiving this notice. The PSEBA recipient is | 19 | | responsible for reimbursing the employer for premiums paid | 20 | | during the period the report is due and not filed. Employers | 21 | | shall return this form to COGFA within 30 days after receiving | 22 | | the form from the PSEBA recipient. | 23 | | Any information collected by the employer under this | 24 | | Section shall be exempt from the requirements of the Freedom of | 25 | | Information Act except for data collected in the aggregate that |
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| 1 | | does not reveal any personal information concerning the PSEBA | 2 | | recipient. | 3 | | By July 1 of every even-numbered odd-numbered year, | 4 | | beginning in 2016 2015 , employers subject to this Act must send | 5 | | the form contained in this subsection to all PSEBA recipients | 6 | | eligible for benefits under this Act. The PSEBA recipient must | 7 | | complete and return this form by September 1 of that year. Any | 8 | | PSEBA recipient who has been given notice as provided under | 9 | | this Section and who fails to timely file a completed form | 10 | | under this Section within 60 days after receipt of this form | 11 | | shall be notified by the employer that he or she has 30 days to | 12 | | submit the form or risk incurring the costs of his or her | 13 | | benefits provided under this Act. The PSEBA recipient is | 14 | | responsible for reimbursing the employer for premiums paid | 15 | | during the period the report is due and not filed. The employer | 16 | | shall resume premium payments upon receipt of the completed | 17 | | form. Employers shall return this form to COGFA within 30 days | 18 | | after receiving the form from the PSEBA recipient. | 19 | | (b) An employer subject to this Act shall complete and file | 20 | | the form contained in this subsection. | 21 | | "EMPLOYER SUBJECT TO PSEBA REPORTING FORM: | 22 | | Under Section 17 of the Public Safety Employee Benefits | 23 | | Act (820 ILCS 320/17), the Commission on Government | 24 | | Forecasting and Accountability (COGFA) is charged with | 25 | | creating and submitting a report to the Governor and |
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| 1 | | General Assembly setting forth information regarding | 2 | | recipients and benefits payable under the Public Safety | 3 | | Employee Benefits Act (Act). | 4 | | The responses to the questions below will be used by | 5 | | COGFA to compile information regarding the PSEBA benefit | 6 | | for its report. | 7 | | The Act requires all employers subject to the PSEBA Act | 8 | | to submit the following information within 120 days after | 9 | | receipt of this form. | 10 | | (1) Name of the employer: | 11 | | (2) The number of PSEBA benefit applications filed | 12 | | under the Act during the reporting period provided in | 13 | | the aggregate and listed individually by name of | 14 | | applicant and date of application: | 15 | | (3) The number of PSEBA benefits and names of PSEBA | 16 | | recipients receiving benefits awarded under the Act | 17 | | during the reporting period provided in the aggregate | 18 | | and listed individually by name of applicant and date | 19 | | of application: | 20 | | (4) The cost of the health insurance premiums paid | 21 | | due to PSEBA benefits awarded under the Act during the | 22 | | reporting period provided in the aggregate and listed | 23 | | individually by name of PSEBA recipient: | 24 | | (5) The number of PSEBA benefit applications filed | 25 | | under the Act since the inception of the Act provided | 26 | | in the aggregate and listed individually by name of |
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| 1 | | applicant and date of application: | 2 | | (6) The number of PSEBA benefits awarded under the | 3 | | Act since the inception of the Act provided in the | 4 | | aggregate and listed individually by name of applicant | 5 | | and date of application: | 6 | | (7) The cost of health insurance premiums paid due | 7 | | to PSEBA benefits awarded under the Act since the | 8 | | inception of the Act provided in the aggregate and | 9 | | listed individually by name of PSEBA recipient: | 10 | | (8) The current annual cost of health insurance | 11 | | premiums paid for PSEBA benefits awarded under the Act | 12 | | provided in the aggregate and listed individually by | 13 | | name of PSEBA recipient: | 14 | | (9) The annual cost of health insurance premiums | 15 | | paid for PSEBA benefits awarded under the Act listed by | 16 | | year since the inception of the Act provided in annual | 17 | | aggregate amounts and listed individually by name of | 18 | | PSEBA recipient: | 19 | | (10) A description of health insurance benefit | 20 | | levels currently provided by the employer to the PSEBA | 21 | | recipient: | 22 | | (11) The total cost of the monthly health insurance | 23 | | premium currently provided to the PSEBA recipient: | 24 | | (12) The other costs of the health insurance | 25 | | benefit currently provided to the PSEBA recipient | 26 | | including, but not limited to: |
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| 1 | | (i) the co-pay requirements of the health | 2 | | insurance policy provided to the PSEBA recipient; | 3 | | (ii) the out-of-pocket deductibles of the | 4 | | health insurance policy provided to the PSEBA | 5 | | recipient; | 6 | | (iii) any pharmaceutical benefits and co-pays | 7 | | provided in the insurance policy; and | 8 | | (iv) any policy limits of the health insurance | 9 | | policy provided to the PSEBA recipient." | 10 | | An employer covered under this Act shall file copies of the | 11 | | PSEBA Recipient Reporting Form and the Employer Subject to the | 12 | | PSEBA Act Reporting Form with COGFA within 120 days after | 13 | | receipt of the Employer Subject to the PSEBA Act Reporting | 14 | | Form. | 15 | | The first form filed with COGFA under this Section shall | 16 | | contain all information required by this Section. All forms | 17 | | filed by the employer thereafter shall set forth the required | 18 | | information for the 24-month period ending on June 30 preceding | 19 | | the deadline date for filing the report. | 20 | | Whenever possible, communication between COGFA and | 21 | | employers as required by this Act shall be through electronic | 22 | | means. | 23 | | (c) For the purpose of creating the report required under | 24 | | subsection (d), upon receipt of each PSEBA Benefit Recipient | 25 | | Form, or as soon as reasonably practicable, COGFA shall make a |
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| 1 | | determination of whether the PSEBA benefit recipient or the | 2 | | PSEBA benefit recipient's spouse meets one of the following | 3 | | criteria: | 4 | | (1) the PSEBA benefit recipient or the PSEBA benefit | 5 | | recipient's spouse is receiving health insurance from a | 6 | | current employer, a current employer of his or her spouse, | 7 | | or another source; | 8 | | (2) the PSEBA benefit recipient or the PSEBA benefit | 9 | | recipient's spouse has been offered or provided access to | 10 | | health insurance from a current employer or employers. | 11 | | If one or both of the criteria are met, COGFA shall make | 12 | | the following determinations of the associated costs and | 13 | | benefit levels of health insurance provided or offered to the | 14 | | PSEBA benefit recipient or the PSEBA benefit recipient's | 15 | | spouse: | 16 | | (A) a description of health insurance benefit levels | 17 | | offered to or received by the PSEBA benefit recipient or | 18 | | the PSEBA benefit recipient's spouse from a current | 19 | | employer or a current employer of the PSEBA benefit | 20 | | recipient's spouse; | 21 | | (B) the monthly premium cost of health insurance | 22 | | benefits offered to or received by the PSEBA benefit | 23 | | recipient or the PSEBA benefit recipient's spouse from a | 24 | | current employer or a current employer of the PSEBA benefit | 25 | | recipient's spouse including, but not limited to: | 26 | | (i) the total monthly cost of the health insurance |
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| 1 | | premium; | 2 | | (ii) the monthly amount of the health insurance | 3 | | premium to be paid by the employer; | 4 | | (iii) the monthly amount of the health insurance | 5 | | premium to be paid by the PSEBA benefit recipient or | 6 | | the PSEBA benefit recipient's spouse; | 7 | | (iv) the co-pay requirements of the health | 8 | | insurance policy; | 9 | | (v) the out-of-pocket deductibles of the health | 10 | | insurance policy; | 11 | | (vi) any pharmaceutical benefits and co-pays | 12 | | provided in the insurance policy; | 13 | | (vii) any policy limits of the health insurance | 14 | | policy. | 15 | | COGFA shall summarize the related costs and benefit levels | 16 | | of health insurance provided or available to the PSEBA benefit | 17 | | recipient or the PSEBA benefit recipient's spouse and contrast | 18 | | the results to the cost and benefit levels of health insurance | 19 | | currently provided by the employer subject to this Act. This | 20 | | information shall be included in the report required in | 21 | | subsection (d). | 22 | | (d) By June 1, 2014, and by January 1 of every odd-numbered | 23 | | even-numbered year thereafter beginning in 2017 2016 , COGFA | 24 | | shall submit a report to the Governor and the General Assembly | 25 | | setting forth the information received under subsections (a) | 26 | | and (b). The report shall aggregate data in such a way as to |
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| 1 | | not reveal the identity of any single beneficiary. The | 2 | | requirement for reporting to the General Assembly shall be | 3 | | satisfied by filing copies of the report with the Speaker, | 4 | | Minority Leader, and Clerk of the House of Representatives, the | 5 | | President, Minority Leader, and Secretary of the Senate, the | 6 | | Legislative Research Unit as required under Section 3.1 of the | 7 | | General Assembly Organization Act, and the State Government | 8 | | Report Distribution Center for the General Assembly as required | 9 | | under paragraph (t) of Section 7 of the State Library Act. | 10 | | COGFA shall make this report available electronically on a | 11 | | publicly accessible website.
| 12 | | (Source: P.A. 98-561, eff. 8-27-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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