Sen. John G. Mulroe

Filed: 4/13/2016

 

 


 

 


 
09900SB2817sam001LRB099 19804 RPS 47267 a

1
AMENDMENT TO SENATE BILL 2817

2    AMENDMENT NO. ______. Amend Senate Bill 2817 as follows:
 
3on page 1, by replacing line 5 with "Sections 9-158, 9-166, and
49-179.2 and by adding Sections 9-108.3 and 9-241 as follows:";
5and
 
6on page 1, immediately below line 9, by inserting the
7following:
 
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
10of duty or ordinary disability shall be furnished to the board
11by at least one licensed and practicing physician appointed by
12the board, except that this requirement may be waived by the
13board for proof of duty disability if the employee has been
14compensated by the county for such disability or specific loss
15under the Workers' Compensation Act or Workers' Occupational

 

 

09900SB2817sam001- 2 -LRB099 19804 RPS 47267 a

1Diseases Act. The physician requirement may also be waived by
2the board for ordinary disability maternity claims of up to 8
3weeks. With respect to duty disability, satisfactory proof must
4be provided to the board that the final adjudication of the
5claim required under subsection (d) of Section 9-159
6established that the disability or death resulted from an
7injury incurred in the performance of an act or acts of duty.
8The board may require other evidence of disability. Each
9disabled employee who receives duty or ordinary disability
10benefit shall be examined at least once a year by one or more
11licensed and practicing physicians appointed by the board. When
12the disability ceases, the board shall discontinue payment of
13the benefit and the employee shall be returned to active
14service.
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
18estate. Whenever the total amount accumulated to the account of
19a deceased employee from employee contributions for annuity
20purposes, and from employee contributions applied to any county
21pension fund superseded by this fund, have not been paid to
22him, and in the case of a married male employee to the employee
23and his widow together, in form of annuity or refund before the
24death of the last of such persons, a refund shall be payable as
25follows:

 

 

09900SB2817sam001- 3 -LRB099 19804 RPS 47267 a

1    An amount equal to the excess of such amounts over the
2amounts paid on any annuity or annuities or refund, without
3interest upon either of such amounts, shall be refunded to a
4beneficiary theretofore designated by the employee in writing,
5signed by him before an officer authorized to administer oaths,
6and filed with the board before the employee's death.
7    If there is no designated beneficiary or the beneficiary
8does not survive the employee, the amount shall be refunded to
9the employee's children, in equal parts with the children of a
10deceased child taking the share of their parent. If there is no
11designated beneficiary or children, the refund shall be paid to
12the administrator or executor of the employee's estate.
13    If an administrator or executor of the estate has not been
14appointed within 90 days from the date the refund became
15payable the refund may be applied in the discretion of the
16board toward the payment of the employee's burial expenses. Any
17remaining balance shall be paid to the heirs of the employee
18according to the law of descent and distribution of this state
19but assuming for the purpose of such payment of refund and
20determination of heirs that the deceased male employee left no
21widow surviving in those cases where a widow eligible for
22widow's annuity as his widow survived him and subsequently
23died; 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

 

 

09900SB2817sam001- 4 -LRB099 19804 RPS 47267 a

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
 
9on page 2, immediately below line 17, by inserting the
10following:
 
11    "(40 ILCS 5/9-241 new)
12    Sec. 9-241. Mistake in benefit. If the Fund mistakenly sets
13any benefit at an incorrect amount, it shall recalculate the
14benefit as soon as may be practicable after the mistake is
15discovered.
16    If the benefit was mistakenly set too low, the Fund shall
17make a lump sum payment to the recipient of an amount equal to
18the difference between the benefits that should have been paid
19and those actually paid, without interest.
20    If the benefit was mistakenly set too high, the Fund may
21recover the amount overpaid from the recipient thereof, either
22directly or by deducting such amount from the remaining
23benefits payable to the recipient, without interest. If the
24overpayment is recovered by deductions from the remaining

 

 

09900SB2817sam001- 5 -LRB099 19804 RPS 47267 a

1benefits payable to the recipient, the monthly deduction shall
2not exceed 10% of the corrected monthly benefit unless
3otherwise indicated by the recipient. However, if (1) the
4amount of the benefit was mistakenly set too high, and (2) the
5error was undiscovered for 3 years or longer, and (3) the error
6was not the result of incorrect information supplied by the
7employer, the affected participant, or any beneficiary, then
8upon discovery of the mistake the benefit shall be adjusted to
9the correct level, but the recipient of the benefit need not
10repay to the Fund the excess amounts received in error.
11    This Section applies to all mistakes in benefit
12calculations that occur before, on, or after the effective date
13of this amendatory Act of the 99th General Assembly.".