HB1820 104TH GENERAL ASSEMBLY

LRB104 06012 RPS 16045 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1820

Introduced 1/28/2025, by Rep. Dave Vella

SYNOPSIS AS INTRODUCED:

40 ILCS 5/3-114.5	from Ch. 108 1/2, par. 3-114.5
40 ILCS 5/4-114.2	from Ch. 108 1/2, par. 4-114.2
30 ILCS 805/8.49 new

Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. In a provision concerning reductions of disability and survivor's benefits for corresponding benefits payable under the Workers' Compensation and Workers' Occupational Diseases Acts, provides that if a person is entitled to a survivor's benefit as a result of the decedent's sickness, accident, or injury incurred in or resulting from the performance of an act of duty or from the cumulative effects of acts of duty, then there shall be no reduction in the benefits payable to that person under the Article. Amends the State Mandates Act to require implementation without reimbursement by the State.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Sections 3-114.5 and 4-114.2 as follows:

(40 ILCS 5/3-114.5) (from Ch. 108 1/2, par. 3-114.5)

Sec. 3-114.5. Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts.

(a) Whenever a person is entitled to a disability or survivor's benefit under this Article and to benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act for the same injury or disease, the benefits payable under this Article shall be reduced by an amount computed in accordance with subsection (b) of this Section. There shall be no reduction, however, for any of the following: payments for medical, surgical and hospital services, non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this State and for artificial appliances; payments made for scheduled losses for the loss of or permanent and complete or permanent and partial loss of the use of any bodily member or the body taken as a whole under subdivision (d)2 or subsection (e) of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; payments made for statutorily prescribed losses under subdivision (d)2 of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; and that portion of the payments which is utilized to pay attorneys' fees and the costs of securing the workers' compensation benefits under either the Workers' Compensation Act or Workers' Occupational Diseases Act.

In addition, if a person is entitled to a survivor's benefit under Section 3-112 as a result of the decedent's sickness, accident, or injury incurred in or resulting from the performance of an act of duty or from the cumulative effects of acts of duty, then there shall be no reduction in the benefits payable to that person under this Article.

(b) The reduction prescribed by this Section shall be computed as follows:

(1) In the event that a person entitled to benefits under this Article incurs costs or attorneys' fees in order to establish his entitlement, the reduction prescribed by this Section shall itself be reduced by the amount of such costs and attorneys' fees.

(2) If the benefits deductible under this Section are stated in a weekly amount, the monthly amount for the purpose of this Section shall be 52 times the weekly amount, divided by 12.

(Source: P.A. 84-1472.)

(40 ILCS 5/4-114.2) (from Ch. 108 1/2, par. 4-114.2)

Sec. 4-114.2. Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts.

(a) Whenever a person is entitled to a disability or survivor's benefit under this Article and to benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act for the same injury or disease, the benefits payable under this Article shall be reduced by an amount computed in accordance with subsection (b) of this Section. There shall be no reduction, however, for any of the following: payments for medical, surgical and hospital services, non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this State and for artificial appliances; payments made for scheduled losses for the loss of or permanent and complete or permanent and partial loss of the use of any bodily member or the body taken as a whole under subdivision (d)2 or subsection (e) of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; payments made for statutorily prescribed losses under subdivision (d)2 of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; and that portion of the payments which is utilized to pay attorneys' fees and the costs of securing the workers' compensation benefits under either the Workers' Compensation Act or Workers' Occupational Diseases Act.

In addition, if a person is entitled to a survivor's benefit under Section 4-114 as a result of the decedent's sickness, accident, or injury incurred in or resulting from the performance of an act of duty or from the cumulative effects of acts of duty, then there shall be no reduction in the benefits payable to that person under this Article.

(b) The reduction prescribed by this Section shall be computed as follows:

(1) In the event that a person entitled to benefits under this Article incurs costs or attorneys' fees in order to establish his entitlement, the reduction prescribed by this Section shall itself be reduced by the amount of such costs and attorneys' fees.

(2) If the benefits deductible under this Section are stated in a weekly amount, the monthly amount for the purpose of this Section shall be 52 times the weekly amount, divided by 12.

(Source: P.A. 84-1039.)

Section 90. The State Mandates Act is amended by adding Section 8.49 as follows:

(30 ILCS 805/8.49 new)

Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 104th General Assembly.