Full Text of SB1245 98th General Assembly
SB1245enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Safety Employee Benefits Act is | 5 | | amended by adding Section 17 as follows: | 6 | | (820 ILCS 320/17 new) | 7 | | Sec. 17. Reporting forms. | 8 | | (a) A person who qualified for benefits under subsections | 9 | | (a) and (b) of Section 10 of this Act (hereinafter referred to | 10 | | as "PSEBA recipient") shall be required to file a form with his | 11 | | or her employer as prescribed in this Section. The Commission | 12 | | on Government Forecasting and Accountability (COGFA) shall use | 13 | | the form created in this Act and prescribe the content of the | 14 | | report in cooperation with one statewide labor organization | 15 | | representing police, one statewide law enforcement | 16 | | organization, one statewide labor organization representing | 17 | | firefighters employed by at least 100 municipalities in this | 18 | | State that is affiliated with the Illinois State Federation of | 19 | | Labor, one statewide labor organization representing | 20 | | correctional officers and parole agents that is affiliated with | 21 | | the Illinois State Federation of Labor, one statewide | 22 | | organization representing municipalities, and one regional | 23 | | organization representing municipalities. COGFA may accept |
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| 1 | | comment from any source, but shall not be required to solicit | 2 | | public comment. Within 60 days after the effective date of this | 3 | | amendatory Act of the 98th General Assembly, COGFA shall remit | 4 | | a copy of the form contained in this subsection to all | 5 | | employers subject to this Act and shall make a copy available | 6 | | on its website. | 7 | | "PSEBA RECIPIENT REPORTING FORM: | 8 | | Under Section 17 of the Public Safety Employee Benefits | 9 | | Act (820 ILCS 320/17), the Commission on Government | 10 | | Forecasting and Accountability (COGFA) is charged with | 11 | | creating and submitting a report to the Governor and the | 12 | | General Assembly setting forth information regarding | 13 | | recipients and benefits payable under the Public Safety | 14 | | Employee Benefits Act (Act). The Act requires employers | 15 | | providing PSEBA benefits to distribute this form to any | 16 | | former peace officer, firefighter, or correctional officer | 17 | | currently in receipt of PSEBA benefits. | 18 | | The responses to the questions below will be used by | 19 | | COGFA to compile information regarding the PSEBA benefit | 20 | | for its report. The Act prohibits the release of any | 21 | | personal information concerning the PSEBA recipient and | 22 | | exempts the reported information from the requirements of | 23 | | the Freedom of Information Act (FOIA). | 24 | | The Act requires the PSEBA recipient to complete this | 25 | | form and submit it to the employer providing PSEBA benefits |
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| 1 | | within 60 days of receipt. If the PSEBA recipient fails to | 2 | | submit this form within 60 days of receipt, the employer is | 3 | | required to notify the PSEBA recipient of non-compliance | 4 | | and provide an additional 30 days to submit the required | 5 | | form. Failure to submit the form in a timely manner will | 6 | | result in the PSEBA recipient incurring responsibility for | 7 | | reimbursing the employer for premiums paid during the | 8 | | period the form is due and not filed. | 9 | | (1) PSEBA recipient's name: | 10 | | (2) PSEBA recipient's date of birth: | 11 | | (3) Name of the employer providing PSEBA benefits: | 12 | | (4) Date the PSEBA benefit first became payable: | 13 | | (5) What was the medical diagnosis of the injury | 14 | | that qualified you for the PSEBA benefit? | 15 | | (6) Are you currently employed with compensation? | 16 | | (7) If so, what is the name(s) of your current | 17 | | employer(s)? | 18 | | (8) Are you or your spouse enrolled in a health | 19 | | insurance plan provided by your current employer or | 20 | | another source? | 21 | | (9) Have you or your spouse been offered or | 22 | | provided access to health insurance from your current | 23 | | employer(s)? | 24 | | If you answered yes to question 8 or 9, please provide | 25 | | the name of the employer, the name of the insurance | 26 | | provider(s), and a general description of the type(s) of |
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| 1 | | insurance offered (HMO, PPO, HSA, etc.): | 2 | | (10) Are you or your spouse enrolled in a health | 3 | | insurance plan provided by a current employer of your | 4 | | spouse? | 5 | | (11) Have you or your spouse been offered or | 6 | | provided access to health insurance provided by a | 7 | | current employer of your spouse? | 8 | | If you answered yes to question 10 or 11, please | 9 | | provide the name of the employer, the name of the insurance | 10 | | provider, and a general description of the type of | 11 | | insurance offered (HMO, PPO, HSA, etc.) by an employer of | 12 | | your spouse:" | 13 | | COFGA shall notify an employer of its obligation to notify | 14 | | any PSEBA recipient receiving benefits under this Act of that | 15 | | recipient's obligation to file a report under this Section. A | 16 | | PSEBA recipient receiving benefits under this Act must complete | 17 | | and return this form to the employer within 60 days of receipt | 18 | | of such form. Any PSEBA recipient who has been given notice as | 19 | | provided under this Section and who fails to timely file a | 20 | | report under this Section within 60 days after receipt of this | 21 | | form shall be notified by the employer that he or she has 30 | 22 | | days to submit the report or risk incurring the cost of his or | 23 | | her benefits provided under this Act. An employer may seek | 24 | | reimbursement for premium payments for a PSEBA recipient who | 25 | | fails to file this report with the employer 30 days after |
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| 1 | | receiving this notice. The PSEBA recipient is responsible for | 2 | | reimbursing the employer for premiums paid during the period | 3 | | the report is due and not filed. Employers shall return this | 4 | | form to COGFA within 30 days after receiving the form from the | 5 | | PSEBA recipient. | 6 | | Any information collected by the employer under this | 7 | | Section shall be exempt from the requirements of the Freedom of | 8 | | Information Act except for data collected in the aggregate that | 9 | | does not reveal any personal information concerning the PSEBA | 10 | | recipient. | 11 | | By July 1 of every odd-numbered year, beginning in 2015, | 12 | | employers subject to this Act must send the form contained in | 13 | | this subsection to all PSEBA recipients eligible for benefits | 14 | | under this Act. The PSEBA recipient must complete and return | 15 | | this form by September 1 of that year. Any PSEBA recipient who | 16 | | has been given notice as provided under this Section and who | 17 | | fails to timely file a completed form under this Section within | 18 | | 60 days after receipt of this form shall be notified by the | 19 | | employer that he or she has 30 days to submit the form or risk | 20 | | incurring the costs of his or her benefits provided under this | 21 | | Act. The PSEBA recipient is responsible for reimbursing the | 22 | | employer for premiums paid during the period the report is due | 23 | | and not filed. The employer shall resume premium payments upon | 24 | | receipt of the completed form. Employers shall return this form | 25 | | to COGFA within 30 days after receiving the form from the PSEBA | 26 | | recipient. |
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| 1 | | (b) An employer subject to this Act shall complete and file | 2 | | the form contained in this subsection. | 3 | | "EMPLOYER SUBJECT TO PSEBA REPORTING FORM: | 4 | | Under Section 17 of the Public Safety Employee Benefits | 5 | | Act (820 ILCS 320/17), the Commission on Government | 6 | | Forecasting and Accountability (COGFA) is charged with | 7 | | creating and submitting a report to the Governor and | 8 | | General Assembly setting forth information regarding | 9 | | recipients and benefits payable under the Public Safety | 10 | | Employee Benefits Act (Act). | 11 | | The responses to the questions below will be used by | 12 | | COGFA to compile information regarding the PSEBA benefit | 13 | | for its report. | 14 | | The Act requires all employers subject to the PSEBA Act | 15 | | to submit the following information within 120 days after | 16 | | receipt of this form. | 17 | | (1) Name of the employer: | 18 | | (2) The number of PSEBA benefit applications filed | 19 | | under the Act during the reporting period provided in | 20 | | the aggregate and listed individually by name of | 21 | | applicant and date of application: | 22 | | (3) The number of PSEBA benefits and names of PSEBA | 23 | | recipients receiving benefits awarded under the Act | 24 | | during the reporting period provided in the aggregate | 25 | | and listed individually by name of applicant and date |
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| 1 | | of application: | 2 | | (4) The cost of the health insurance premiums paid | 3 | | due to PSEBA benefits awarded under the Act during the | 4 | | reporting period provided in the aggregate and listed | 5 | | individually by name of PSEBA recipient: | 6 | | (5) The number of PSEBA benefit applications filed | 7 | | under the Act since the inception of the Act provided | 8 | | in the aggregate and listed individually by name of | 9 | | applicant and date of application: | 10 | | (6) The number of PSEBA benefits awarded under the | 11 | | Act since the inception of the Act provided in the | 12 | | aggregate and listed individually by name of applicant | 13 | | and date of application: | 14 | | (7) The cost of health insurance premiums paid due | 15 | | to PSEBA benefits awarded under the Act since the | 16 | | inception of the Act provided in the aggregate and | 17 | | listed individually by name of PSEBA recipient: | 18 | | (8) The current annual cost of health insurance | 19 | | premiums paid for PSEBA benefits awarded under the Act | 20 | | provided in the aggregate and listed individually by | 21 | | name of PSEBA recipient: | 22 | | (9) The annual cost of health insurance premiums | 23 | | paid for PSEBA benefits awarded under the Act listed by | 24 | | year since the inception of the Act provided in annual | 25 | | aggregate amounts and listed individually by name of | 26 | | PSEBA recipient: |
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| 1 | | (10) A description of health insurance benefit | 2 | | levels currently provided by the employer to the PSEBA | 3 | | recipient: | 4 | | (11) The total cost of the monthly health insurance | 5 | | premium currently provided to the PSEBA recipient: | 6 | | (12) The other costs of the health insurance | 7 | | benefit currently provided to the PSEBA recipient | 8 | | including, but not limited to: | 9 | | (i) the co-pay requirements of the health | 10 | | insurance policy provided to the PSEBA recipient; | 11 | | (ii) the out-of-pocket deductibles of the | 12 | | health insurance policy provided to the PSEBA | 13 | | recipient; | 14 | | (iii) any pharmaceutical benefits and co-pays | 15 | | provided in the insurance policy; and | 16 | | (iv) any policy limits of the health insurance | 17 | | policy provided to the PSEBA recipient." | 18 | | An employer covered under this Act shall file copies of the | 19 | | PSEBA Recipient Reporting Form and the Employer Subject to the | 20 | | PSEBA Act Reporting Form with COGFA within 120 days after | 21 | | receipt of the Employer Subject to the PSEBA Act Reporting | 22 | | Form. | 23 | | The first form filed with COGFA under this Section shall | 24 | | contain all information required by this Section. All forms | 25 | | filed by the employer thereafter shall set forth the required |
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| 1 | | information for the 24-month period ending on June 30 preceding | 2 | | the deadline date for filing the report. | 3 | | Whenever possible, communication between COGFA and | 4 | | employers as required by this Act shall be through electronic | 5 | | means. | 6 | | (c) For the purpose of creating the report required under | 7 | | subsection (d), upon receipt of each PSEBA Benefit Recipient | 8 | | Form, or as soon as reasonably practicable, COGFA shall make a | 9 | | determination of whether the PSEBA benefit recipient or the | 10 | | PSEBA benefit recipient's spouse meets one of the following | 11 | | criteria: | 12 | | (1) the PSEBA benefit recipient or the PSEBA benefit | 13 | | recipient's spouse is receiving health insurance from a | 14 | | current employer, a current employer of his or her spouse, | 15 | | or another source; | 16 | | (2) the PSEBA benefit recipient or the PSEBA benefit | 17 | | recipient's spouse has been offered or provided access to | 18 | | health insurance from a current employer or employers. | 19 | | If one or both of the criteria are met, COGFA shall make | 20 | | the following determinations of the associated costs and | 21 | | benefit levels of health insurance provided or offered to the | 22 | | PSEBA benefit recipient or the PSEBA benefit recipient's | 23 | | spouse: | 24 | | (A) a description of health insurance benefit levels | 25 | | offered to or received by the PSEBA benefit recipient or | 26 | | the PSEBA benefit recipient's spouse from a current |
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| 1 | | employer or a current employer of the PSEBA benefit | 2 | | recipient's spouse; | 3 | | (B) the monthly premium cost of health insurance | 4 | | benefits offered to or received by the PSEBA benefit | 5 | | recipient or the PSEBA benefit recipient's spouse from a | 6 | | current employer or a current employer of the PSEBA benefit | 7 | | recipient's spouse including, but not limited to: | 8 | | (i) the total monthly cost of the health insurance | 9 | | premium; | 10 | | (ii) the monthly amount of the health insurance | 11 | | premium to be paid by the employer; | 12 | | (iii) the monthly amount of the health insurance | 13 | | premium to be paid by the PSEBA benefit recipient or | 14 | | the PSEBA benefit recipient's spouse; | 15 | | (iv) the co-pay requirements of the health | 16 | | insurance policy; | 17 | | (v) the out-of-pocket deductibles of the health | 18 | | insurance policy; | 19 | | (vi) any pharmaceutical benefits and co-pays | 20 | | provided in the insurance policy; | 21 | | (vii) any policy limits of the health insurance | 22 | | policy. | 23 | | COGFA shall summarize the related costs and benefit levels | 24 | | of health insurance provided or available to the PSEBA benefit | 25 | | recipient or the PSEBA benefit recipient's spouse and contrast | 26 | | the results to the cost and benefit levels of health insurance |
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| 1 | | currently provided by the employer subject to this Act. This | 2 | | information shall be included in the report required in | 3 | | subsection (d). | 4 | | (d) By June 1, 2014, and by January 1 of every | 5 | | even-numbered year thereafter beginning in 2016, COGFA shall | 6 | | submit a report to the Governor and the General Assembly | 7 | | setting forth the information received under subsections (a) | 8 | | and (b). The report shall aggregate data in such a way as to | 9 | | not reveal the identity of any single beneficiary. The | 10 | | requirement for reporting to the General Assembly shall be | 11 | | satisfied by filing copies of the report with the Speaker, | 12 | | Minority Leader, and Clerk of the House of Representatives, the | 13 | | President, Minority Leader, and Secretary of the Senate, the | 14 | | Legislative Research Unit as required under Section 3.1 of the | 15 | | General Assembly Organization Act, and the State Government | 16 | | Report Distribution Center for the General Assembly as required | 17 | | under paragraph (t) of Section 7 of the State Library Act. | 18 | | COGFA shall make this report available electronically on a | 19 | | publicly accessible website.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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