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Rep. Elaine Nekritz
Filed: 4/13/2016
| | 09900HB6298ham001 | | LRB099 19814 RPS 47317 a |
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1 | | AMENDMENT TO HOUSE BILL 6298
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2 | | AMENDMENT NO. ______. Amend House Bill 6298 as follows:
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3 | | on page 1, line 5, after "Section 6-183.1", by inserting "and |
4 | | by changing Sections 9-158 and 9-159"; and |
5 | | on page 1, immediately below line 21, by inserting the |
6 | | following:
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7 | | "(40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
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8 | | Sec. 9-158. Proof of disability, duty and ordinary. Proof |
9 | | of duty or ordinary disability shall be furnished to the board |
10 | | by
at least one licensed and practicing physician appointed by |
11 | | the board , except that this requirement may be waived by the |
12 | | board for proof of duty disability if the employee has been |
13 | | compensated by the county for such disability or specific loss |
14 | | under the Workers' Compensation Act or Workers' Occupational |
15 | | Diseases Act. The physician requirement may also be waived by |
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| | 09900HB6298ham001 | - 2 - | LRB099 19814 RPS 47317 a |
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1 | | the board for ordinary disability maternity claims of up to 8 |
2 | | weeks . With respect to duty disability, satisfactory proof must |
3 | | be provided to the board that the final adjudication of the |
4 | | claim required under subsection (d) of Section 9-159 |
5 | | established that the disability or death resulted from an |
6 | | injury incurred in the performance of an act or acts of duty. |
7 | | The
board may require other evidence of disability. Each |
8 | | disabled employee who
receives duty or ordinary disability |
9 | | benefit shall be examined at least
once a year by one or more |
10 | | licensed and practicing physicians appointed by
the board. When |
11 | | the disability ceases, the board shall discontinue payment
of |
12 | | the benefit and the employee shall be returned to active |
13 | | service .
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14 | | (Source: P.A. 95-1036, eff. 2-17-09.)
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15 | | (40 ILCS 5/9-159) (from Ch. 108 1/2, par. 9-159)
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16 | | Sec. 9-159. When disability benefit not payable. |
17 | | (a) If an employee receiving duty disability or ordinary |
18 | | disability
benefit refuses to submit to examination by a |
19 | | physician appointed by the
board, he shall have no further |
20 | | right to receive the benefit.
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21 | | (b) Disability benefit shall not be paid for any time for |
22 | | which the
employee receives any part of his salary, or while |
23 | | employed by any
public body supported in whole or in part by |
24 | | taxation.
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25 | | (c) If an employee who shall be disabled, or his widow or |
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| | 09900HB6298ham001 | - 3 - | LRB099 19814 RPS 47317 a |
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1 | | children
receive any compensation or payment from the county |
2 | | for specific loss,
disability or death under the Workers' |
3 | | Compensation Act or Workers'
Occupational Diseases Act, the |
4 | | disability benefit or any annuity for him
or his widow or |
5 | | children payable as the result of such specific loss,
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6 | | disability or death shall be reduced by any amount so received |
7 | | or
recoverable. If the amount received as such compensation or |
8 | | payment
exceeds such disability benefit or other annuity |
9 | | payable as the result
of such specific loss, disability or |
10 | | death, no payment of disability
benefit or other annuity shall |
11 | | be made until the accumulative amounts
thereof equals the |
12 | | amount of such compensation or payment. In such
calculation no |
13 | | interest shall be considered. In adjusting the amount of
any |
14 | | annuity in relation to compensation received or recoverable |
15 | | during
any period of time, the annuity to the widow shall be |
16 | | first reduced.
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17 | | If any employee, or widow shall be denied compensation by |
18 | | such county
under the aforesaid Acts, or if such county shall |
19 | | fail to act, such
denial or failure to act shall not be |
20 | | considered final until the claim
has been adjudicated by the |
21 | | Illinois Workers' Compensation Commission.
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22 | | (d) Before any action may be taken by the board on an |
23 | | application for duty disability benefit or widow's |
24 | | compensation or supplemental benefit, other than rejection of |
25 | | any such application that is otherwise incomplete or untimely, |
26 | | the related applicant must file a timely claim under the |
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1 | | Workers' Compensation Act or the Workers' Occupational |
2 | | Diseases Act, as applicable, to establish that the disability |
3 | | or death resulted from an injury incurred in the performance of |
4 | | an act or acts of duty, and the applicant must receive |
5 | | compensation or payment from the claim or the claim must |
6 | | otherwise be finally adjudicated. |
7 | | (e) An employee who enters service after December 31, 2016 |
8 | | and who, while in receipt of an ordinary or duty disability |
9 | | benefit, assumes any employment for compensation shall not be |
10 | | entitled to receive any amount of such disability benefit |
11 | | which, when added to his compensation for such employment |
12 | | during disability, plus any amount payable under the provisions |
13 | | of the Workers' Compensation Act or Workers' Occupational |
14 | | Diseases Act, would exceed the rate of salary on which his |
15 | | disability benefit is based. |
16 | | (Source: P.A. 95-1036, eff. 2-17-09.)".
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