Full Text of SB2817 99th General Assembly
SB2817sam001 99TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 4/13/2016
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| 1 | | AMENDMENT TO SENATE BILL 2817
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2817 as follows:
| 3 | | on page 1, by replacing line 5 with "Sections 9-158, 9-166, and | 4 | | 9-179.2 and by adding Sections 9-108.3 and 9-241 as follows:"; | 5 | | and | 6 | | on page 1, immediately below line 9, by inserting the | 7 | | following:
| 8 | | "(40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
| 9 | | Sec. 9-158. Proof of disability, duty and ordinary. Proof | 10 | | of duty or ordinary disability shall be furnished to the board | 11 | | by
at least one licensed and practicing physician appointed by | 12 | | the board , except that this requirement may be waived by the | 13 | | board for proof of duty disability if the employee has been | 14 | | compensated by the county for such disability or specific loss | 15 | | under the Workers' Compensation Act or Workers' Occupational |
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| 1 | | Diseases Act. The physician requirement may also be waived by | 2 | | the board for ordinary disability maternity claims of up to 8 | 3 | | weeks . With respect to duty disability, satisfactory proof must | 4 | | be provided to the board that the final adjudication of the | 5 | | claim required under subsection (d) of Section 9-159 | 6 | | established that the disability or death resulted from an | 7 | | injury incurred in the performance of an act or acts of duty. | 8 | | The
board may require other evidence of disability. Each | 9 | | disabled employee who
receives duty or ordinary disability | 10 | | benefit shall be examined at least
once a year by one or more | 11 | | licensed and practicing physicians appointed by
the board. When | 12 | | the disability ceases, the board shall discontinue payment
of | 13 | | the benefit and the employee shall be returned to active | 14 | | service .
| 15 | | (Source: P.A. 95-1036, eff. 2-17-09.)
| 16 | | (40 ILCS 5/9-166) (from Ch. 108 1/2, par. 9-166)
| 17 | | Sec. 9-166. Refunds - When paid to beneficiary, children or | 18 | | estate. Whenever the total amount accumulated to the account of | 19 | | a deceased
employee from employee contributions for
annuity | 20 | | purposes, and from
employee contributions applied to any county | 21 | | pension fund superseded by
this fund, have not been paid to | 22 | | him, and in the case of a married male
employee to the employee | 23 | | and his widow together, in form of annuity or
refund before the | 24 | | death of the last of such persons, a refund shall be
payable as | 25 | | follows:
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| 1 | | An amount equal to the excess of such amounts over the | 2 | | amounts paid
on any annuity or annuities or refund, without | 3 | | interest upon either of
such amounts, shall be refunded to a | 4 | | beneficiary theretofore designated
by the employee in writing, | 5 | | signed by him before an officer authorized
to administer oaths , | 6 | | and filed with the board before the employee's
death.
| 7 | | If there is no designated beneficiary or the beneficiary | 8 | | does not
survive the employee, the amount shall be refunded to | 9 | | the employee's
children, in equal parts with the children of a | 10 | | deceased child taking
the share of their parent. If there is no | 11 | | designated beneficiary or
children, the refund shall be paid to | 12 | | the administrator or executor of
the employee's estate.
| 13 | | If an administrator or executor of the estate has not been | 14 | | appointed
within 90 days from the date the refund became | 15 | | payable the refund may be
applied in the discretion of the | 16 | | board toward the payment of the
employee's burial expenses. Any | 17 | | remaining balance shall be paid to the
heirs of the employee | 18 | | according to the law of descent and distribution
of this state | 19 | | but assuming for the purpose of such payment of refund and
| 20 | | determination of heirs that the deceased male employee left no | 21 | | widow
surviving in those cases where a widow eligible for | 22 | | widow's annuity as
his widow survived him and subsequently | 23 | | died; provided,
| 24 | | (a) that if any child or children of the employee are | 25 | | less than age
18, such part or all of any such amount | 26 | | necessary to pay annuities to
them shall not be refunded as |
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| 1 | | hereinbefore stated; and provided further,
| 2 | | (b) that if a reversionary annuity becomes payable as | 3 | | provided in
Section 9-135 such refund shall not be paid | 4 | | until the death of the
reversionary annuitant, and the | 5 | | refund otherwise payable under this
section shall then | 6 | | first further be reduced by the total amount of the
| 7 | | reversionary annuity paid.
| 8 | | (Source: P.A. 95-369, eff. 8-23-07.)"; and
| 9 | | on page 2, immediately below line 17, by inserting the | 10 | | following: | 11 | | "(40 ILCS 5/9-241 new) | 12 | | Sec. 9-241. Mistake in benefit. If the Fund mistakenly sets | 13 | | any benefit at an incorrect amount, it shall recalculate the | 14 | | benefit as soon as may be practicable after the mistake is | 15 | | discovered. | 16 | | If the benefit was mistakenly set too low, the Fund shall | 17 | | make a lump sum payment to the recipient of an amount equal to | 18 | | the difference between the benefits that should have been paid | 19 | | and those actually paid, without interest. | 20 | | If the benefit was mistakenly set too high, the Fund may | 21 | | recover the amount overpaid from the recipient thereof, either | 22 | | directly or by deducting such amount from the remaining | 23 | | benefits payable to the recipient, without interest. If the | 24 | | overpayment is recovered by deductions from the remaining |
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| 1 | | benefits payable to the recipient, the monthly deduction shall | 2 | | not exceed 10% of the corrected monthly benefit unless | 3 | | otherwise indicated by the recipient. However, if (1) the | 4 | | amount of the benefit was mistakenly set too high, and (2) the | 5 | | error was undiscovered for 3 years or longer, and (3) the error | 6 | | was not the result of incorrect information supplied by the | 7 | | employer, the affected participant, or any beneficiary, then | 8 | | upon discovery of the mistake the benefit shall be adjusted to | 9 | | the correct level, but the recipient of the benefit need not | 10 | | repay to the Fund the excess amounts received in error. | 11 | | This Section applies to all mistakes in benefit | 12 | | calculations that occur before, on, or after the effective date | 13 | | of this amendatory Act of the 99th General Assembly. ".
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