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(40 ILCS 5/9-159) (from Ch. 108 1/2, par. 9-159)
Sec. 9-159. When disability benefit not payable. (a) If an employee receiving duty disability or ordinary disability
benefit refuses to submit to examination by a physician appointed by the
board, he shall have no further right to receive the benefit.
(b) Disability benefit shall not be paid for any time for which the
employee receives any part of his salary, or while employed by any
public body supported in whole or in part by taxation.
(c) If an employee who shall be disabled, or his widow or children
receive any compensation or payment from the county for specific loss,
disability or death under the Workers' Compensation Act or Workers'
Occupational Diseases Act, the disability benefit or any annuity for him
or his widow or children payable as the result of such specific loss,
disability or death shall be reduced by any amount so received or
recoverable. If the amount received as such compensation or payment
exceeds such disability benefit or other annuity payable as the result
of such specific loss, disability or death, no payment of disability
benefit or other annuity shall be made until the accumulative amounts
thereof equals the amount of such compensation or payment. In such
calculation no interest shall be considered. In adjusting the amount of
any annuity in relation to compensation received or recoverable during
any period of time, the annuity to the widow shall be first reduced.
If any employee, or widow shall be denied compensation by such county
under the aforesaid Acts, or if such county shall fail to act, such
denial or failure to act shall not be considered final until the claim
has been adjudicated by the Illinois Workers' Compensation Commission.
(d) Before any action may be taken by the board on an application for duty disability benefit or widow's compensation or supplemental benefit, other than rejection of any such application that is otherwise incomplete or untimely, the related applicant must file a timely claim under the Workers' Compensation Act or the Workers' Occupational Diseases Act, as applicable, to establish that the disability or death resulted from an injury incurred in the performance of an act or acts of duty, and the applicant must receive compensation or payment from the claim or the claim must otherwise be finally adjudicated. (Source: P.A. 95-1036, eff. 2-17-09.)
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