Full Text of SB2520 95th General Assembly
SB2520ham003 95TH GENERAL ASSEMBLY
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Rep. Robert S. Molaro
Filed: 5/29/2008
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09500SB2520ham003 |
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LRB095 17536 AMC 51719 a |
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| AMENDMENT TO SENATE BILL 2520
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| AMENDMENT NO. ______. Amend Senate Bill 2520, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, by replacing line 12 on page 20 through line 14 on page 23 | 5 |
| with the following:
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| "(40 ILCS 5/8-163) (from Ch. 108 1/2, par. 8-163)
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| Sec. 8-163. When disability benefit not payable. | 8 |
| (a) If an employee
receiving duty or ordinary disability | 9 |
| benefit refuses to submit to
examination by a physician | 10 |
| appointed by the board, or fails or refuses to
consent to and | 11 |
| sign an authorization allowing the board to receive copies
of | 12 |
| or examine the employee's medical and hospital records, or | 13 |
| fails or
refuses to provide complete information regarding any | 14 |
| other employment for
compensation he has received since he has | 15 |
| become disabled, he shall have no
further right to receive the | 16 |
| benefit.
| 17 |
| (b) Disability benefit shall not be paid for any time for |
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LRB095 17536 AMC 51719 a |
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| which the
employee receives any part of his salary or is | 2 |
| employed by any public
body supported in whole or in part by | 3 |
| taxation.
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| (c) Before any action is taken by the Board on an | 5 |
| application for a duty disability benefit or a widow's | 6 |
| compensation or supplemental benefit, the employee or widow | 7 |
| shall file a claim with the employer to establish that the | 8 |
| disability or death occurred while the employee was acting | 9 |
| within the scope of and in the course of his or her duties. | 10 |
| Any amounts provided to the employee or surviving spouse as | 11 |
| temporary total disability payments, permanent total | 12 |
| disability payments, a lump sum settlement award, or other | 13 |
| payment under the Workers' Compensation Act or the Workers' | 14 |
| Occupational Diseases Act shall be applied as an offset to the | 15 |
| disability benefit paid by the Fund, whether duty or ordinary, | 16 |
| or any widow compensation or supplemental benefit payable under | 17 |
| this Article until a period of time has elapsed when the | 18 |
| benefit payable equals the amount of such compensation, | 19 |
| payment, or award. The duty disability benefit shall be offset | 20 |
| at the rate of the amount of temporary total disability | 21 |
| payments or permanent disability payments made under the | 22 |
| Workers' Compensation Act or the Workers' Occupational | 23 |
| Diseases Act. | 24 |
| If such amounts are not readily determinable or if an | 25 |
| employee has not received temporary total disability payments | 26 |
| or permanent weekly or monthly payments for the entire period |
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LRB095 17536 AMC 51719 a |
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| of disability up to the time of the compensation, payment, or | 2 |
| award under the Workers' Compensation Act or the Workers' | 3 |
| Occupational Diseases Act, the disability benefit paid by the | 4 |
| Fund shall be offset by 66 2/3% of the employee's salary on the | 5 |
| date of disablement. The offset shall not be greater than the | 6 |
| amount of disability benefits due from the Fund. The offset | 7 |
| shall be applied until a period of time has elapsed when the | 8 |
| benefit payable equals the amount of such compensation, | 9 |
| payment, or award. This offset shall not apply to the initial | 10 |
| days of disability when workers' compensation would not | 11 |
| ordinarily be payable. | 12 |
| The amount of compensation or supplemental annuity payable | 13 |
| to a widow shall be offset by any compensation, payment, or | 14 |
| award until a period of time has elapsed when the benefit | 15 |
| payable equals the amount of such compensation, payment, or | 16 |
| award. | 17 |
| Any employee or former employee whose disability benefits | 18 |
| were offset, or who was notified by the Fund that his or her | 19 |
| disability benefits will be offset, by a rate higher than the | 20 |
| temporary total disability payments or permanent disability | 21 |
| payments, or if these were not determinable, by 66 2/3% of | 22 |
| salary at the date of disablement, may apply to the Fund for a | 23 |
| refund of the excess offset, without interest, or an adjustment | 24 |
| to his or her account. This application must be made within 6 | 25 |
| months after the effective date of this amendatory Act of the | 26 |
| 95th General Assembly. |
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LRB095 17536 AMC 51719 a |
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| If an employee who has been disabled has received ordinary | 2 |
| disability from the Fund and also receives any compensation or | 3 |
| payment for specific loss, disability, or death under the | 4 |
| Workers' Compensation Act or the Workers' Occupational | 5 |
| Diseases Act, then the ordinary disability benefit must be | 6 |
| repaid to the Fund before any other benefit under this Article | 7 |
| may be granted or paid. If no other benefit is applied for, | 8 |
| then the ordinary disability is offset according to the | 9 |
| provisions of this Section. | 10 |
| The employee and the employer shall provide the Fund, on a | 11 |
| timely basis, with the entry of the settlement contract lump | 12 |
| sum petition and order settlement of any such lawsuit, | 13 |
| including all details of the settlement. | 14 |
| If an employee who shall be disabled or his widow receives | 15 |
| any
compensation or payment from the city for specific loss, | 16 |
| disability or
death under the Workers' Compensation Act, or
| 17 |
| Workers' Occupational
Diseases Act, the disability benefit or | 18 |
| compensation or supplemental
annuity payable as a result of | 19 |
| such specific loss, disability or death
shall be reduced by any | 20 |
| amount so received if such amount is less than
the benefit or | 21 |
| annuity or, subject to adjustment when final
determination of | 22 |
| the amount received can be made, the amount estimated
to be | 23 |
| received under the provisions of the Workers' Compensation Act | 24 |
| or
Workers' Occupational Diseases Act. If the amount received | 25 |
| as
compensation payment or award under the aforesaid Acts | 26 |
| exceeds the
disability benefit or compensation or supplemental |
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LRB095 17536 AMC 51719 a |
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| annuity payable as a
result of such specific loss, disability | 2 |
| or death, no payment of
disability benefit or compensation or | 3 |
| supplemental annuity shall be made
until a period of time has | 4 |
| elapsed when the benefit or compensation or
supplemental | 5 |
| annuity payable at the rate herein stated equals the amount
of | 6 |
| such compensation, payment or award. In calculating any such | 7 |
| period
of time, interest upon the amounts involved shall not be | 8 |
| considered.
| 9 |
| (d) An employee who enters service after December 31, 1987, | 10 |
| or an
employee who makes application for a disability benefit | 11 |
| or applies for a
disability benefit for a recurrence of a | 12 |
| previous disability, and who,
while in receipt of an ordinary | 13 |
| or duty disability benefit, assumes any
employment for | 14 |
| compensation, shall not be entitled to receive any amount of
| 15 |
| such disability benefit which, when added to his compensation | 16 |
| for such
employment during disability, plus any amount payable | 17 |
| under the provisions
of the Workers' Compensation Act or | 18 |
| Workers' Occupational Diseases Act,
would exceed the rate of | 19 |
| salary on which his disability benefit is based.
| 20 |
| (Source: P.A. 85-964.)"; and
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| by replacing line 12 on page 29 through line 6 on page 33 with | 22 |
| the following:
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| "(40 ILCS 5/11-158) (from Ch. 108 1/2, par. 11-158)
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| Sec. 11-158. When disability benefit not payable. |
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09500SB2520ham003 |
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LRB095 17536 AMC 51719 a |
|
| 1 |
| (a) If an
employee receiving duty or ordinary disability | 2 |
| benefit refuses to submit
to examination by a physician | 3 |
| appointed by the board, or fails or refuses
to consent to and | 4 |
| sign an authorization allowing the board to receive
copies of | 5 |
| or examine the employee's medical and hospital records, or | 6 |
| fails
or refuses to provide complete information regarding any | 7 |
| other employment
for compensation he has received since he has | 8 |
| become disabled, he shall have no
further right to receive the | 9 |
| benefit.
| 10 |
| (b) Disability benefit shall not be paid for any time for | 11 |
| which the
employee receives any part of his salary or while | 12 |
| employed by any public
body supported in whole or in part by | 13 |
| taxation.
| 14 |
| (c) Before any action is taken by the Board on an | 15 |
| application for a duty disability benefit or a widow's | 16 |
| compensation or supplemental benefit, the employee or widow | 17 |
| shall file a claim with the employer to establish that the | 18 |
| disability or death occurred while the employee was acting | 19 |
| within the scope of and in the course of his or her duties. | 20 |
| Any amounts provided to the employee or surviving spouse as | 21 |
| temporary total disability payments, permanent total | 22 |
| disability payments, a lump sum settlement award, or other | 23 |
| payment under the Workers' Compensation Act or the Workers' | 24 |
| Occupational Diseases Act shall be applied as an offset to the | 25 |
| disability benefit paid by the Fund, whether duty or ordinary, | 26 |
| or any widow compensation or supplemental benefit payable under |
|
|
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09500SB2520ham003 |
- 7 - |
LRB095 17536 AMC 51719 a |
|
| 1 |
| this Article until a period of time has elapsed when the | 2 |
| benefit payable equals the amount of such compensation, | 3 |
| payment, or award. The duty disability benefit shall be offset | 4 |
| at the rate of the amount of temporary total disability | 5 |
| payments or permanent disability payments made under the | 6 |
| Workers' Compensation Act or the Workers' Occupational | 7 |
| Diseases Act. | 8 |
| If such amounts are not readily determinable or if an | 9 |
| employee has not received temporary total disability payments | 10 |
| or permanent weekly or monthly payments for the entire period | 11 |
| of disability up to the time of the compensation, payment, or | 12 |
| award under the Workers' Compensation Act or the Workers' | 13 |
| Occupational Diseases Act, the disability benefit paid by the | 14 |
| Fund shall be offset by 66 2/3% of the employee's salary on the | 15 |
| date of disablement. The offset shall not be greater than the | 16 |
| amount of disability benefits due from the Fund. The offset | 17 |
| shall be applied until a period of time has elapsed when the | 18 |
| benefit payable equals the amount of such compensation, | 19 |
| payment, or award. This offset shall not apply to the initial | 20 |
| days of disability when workers' compensation would not | 21 |
| ordinarily be payable. | 22 |
| The amount of compensation or supplemental annuity payable | 23 |
| to a widow shall be offset by any compensation, payment, or | 24 |
| award until a period of time has elapsed when the benefit | 25 |
| payable equals the amount of such compensation, payment, or | 26 |
| award. |
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09500SB2520ham003 |
- 8 - |
LRB095 17536 AMC 51719 a |
|
| 1 |
| If an employee who has been disabled has received ordinary | 2 |
| disability from the Fund and also receives any compensation or | 3 |
| payment for specific loss, disability, or death under the | 4 |
| Workers' Compensation Act or the Workers' Occupational | 5 |
| Diseases Act, then the ordinary disability benefit must be | 6 |
| repaid to the Fund before any other benefit under this Article | 7 |
| may be granted or paid. If no other benefit is applied for, | 8 |
| then the ordinary disability is offset according to the | 9 |
| provisions of this Section. | 10 |
| The employee and the employer shall provide the Fund, on a | 11 |
| timely basis, with the entry of the settlement contract lump | 12 |
| sum petition and order settlement of any such lawsuit, | 13 |
| including all details of the settlement. | 14 |
| If an employee who shall be disabled or his widow receives | 15 |
| any
compensation or payment from the city for specific loss, | 16 |
| disability or
death under the Workers' Compensation Act, or
| 17 |
| Workers' Occupational
Diseases Act, and the disability or | 18 |
| injury or loss which forms the basis
for any compensation, | 19 |
| award, pension or payment for a specific loss is
also a | 20 |
| condition which renders such employee incapable of performing | 21 |
| his
duties in the service, the disability benefit shall be | 22 |
| reduced by any
amount so received if such amount is less than | 23 |
| the benefit or, subject
to adjustment when final determination | 24 |
| of the amount received can be
made, the amount estimated to be | 25 |
| received under the provisions of the
Workers' Compensation Act | 26 |
| or Workers' Occupational Diseases Act. If
the amount received |
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09500SB2520ham003 |
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LRB095 17536 AMC 51719 a |
|
| 1 |
| as compensation, payment or award under the
aforesaid Acts | 2 |
| exceeds the disability benefit, no payment of benefit
shall be | 3 |
| made until a period of time has elapsed when the benefit
| 4 |
| payable at the rate herein stated equals the amount of such
| 5 |
| compensation, payment or award. In calculating any such period | 6 |
| of time,
interest upon the amounts involved shall not be | 7 |
| considered.
| 8 |
| (d) An employee who enters service after December 31, 1987, | 9 |
| or an
employee who makes application for a disability benefit | 10 |
| or applies for a
disability benefit for a recurrence of a | 11 |
| previous disability, and who,
while in receipt of an ordinary | 12 |
| or duty disability benefit, assumes any
employment for | 13 |
| compensation, shall not be entitled to receive any amount of
| 14 |
| such disability benefit which, when added to his compensation | 15 |
| for such
employment during disability, plus any amount payable | 16 |
| under the provisions
of the Workers' Compensation Act or | 17 |
| Workers' Occupational Diseases Act,
would exceed the rate of | 18 |
| salary on which his disability benefit is based.
| 19 |
| (Source: P.A. 85-964.)".
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