Full Text of SB2526 95th General Assembly
SB2526eng 95TH GENERAL ASSEMBLY
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SB2526 Engrossed |
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LRB095 17542 AMC 43616 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 8-163 as follows:
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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. (a) If an | 8 |
| employee
receiving duty or ordinary disability benefit refuses | 9 |
| to submit to
examination by a physician appointed by the board, | 10 |
| or fails or refuses to
consent to and sign an authorization | 11 |
| allowing the board to receive copies
of or examine the | 12 |
| employee's medical and hospital records, or fails or
refuses to | 13 |
| provide complete information regarding any other employment | 14 |
| for
compensation he has received since he has become disabled, | 15 |
| he shall have no
further right to receive the benefit.
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| (b) Disability benefit shall not be paid for any time for | 17 |
| which the
employee receives any part of his salary or is | 18 |
| employed by any public
body supported in whole or in part by | 19 |
| taxation.
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| (c) Before any action is taken by the Board on an | 21 |
| application for a duty disability benefit or a widow's | 22 |
| compensation or supplemental benefit, the employee or widow | 23 |
| shall file a claim with the employer to establish that the |
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| disability or death occurred while the employee was acting | 2 |
| within the scope of and in the course of his or her duties. | 3 |
| Any amounts provided to the employee or surviving spouse as | 4 |
| temporary total disability payments, permanent disability | 5 |
| payments, a lump sum settlement award, or other payment under | 6 |
| the Workers' Compensation Act or the Workers' Occupational | 7 |
| Diseases Act shall be applied as an offset to the disability | 8 |
| benefit paid by the Fund, whether duty or ordinary, or any | 9 |
| widow compensation or supplemental benefit payable under this | 10 |
| Article until a period of time has elapsed when the benefit | 11 |
| payable equals the amount of such compensation, payment, or | 12 |
| award. The duty disability benefit shall be offset at the rate | 13 |
| of the amount of temporary total disability payments or | 14 |
| permanent disability payments made under the Workers' | 15 |
| Compensation Act or the Workers' Occupational Diseases Act. | 16 |
| If such amounts are not readily determinable or if an | 17 |
| employee has not received temporary total disability payments | 18 |
| or permanent weekly or monthly payments for the entire period | 19 |
| of disability up to the time of the compensation, payment, or | 20 |
| award under the Workers' Compensation Act or the Workers' | 21 |
| Occupational Diseases Act, the disability benefit paid by the | 22 |
| Fund shall be offset by 66 2/3% of the employee's salary on the | 23 |
| date of disablement. The offset shall not be greater than the | 24 |
| amount of disability benefits due from the Fund. The offset | 25 |
| shall be applied until a period of time has elapsed when the | 26 |
| benefit payable equals the amount of such compensation, |
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| payment, or award. This offset shall not apply to the initial | 2 |
| days of disability when workers' compensation would not | 3 |
| ordinarily be payable. If an employee who shall be disabled or | 4 |
| his widow receives any
compensation or payment from the city | 5 |
| for specific loss, disability or
death under the Workers' | 6 |
| Compensation Act, or
Workers' Occupational
Diseases Act, the | 7 |
| disability benefit or compensation or supplemental
annuity | 8 |
| payable as a result of such specific loss, disability or death
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| shall be reduced by any amount so received if such amount is | 10 |
| less than
the benefit or annuity or, subject to adjustment when | 11 |
| final
determination of the amount received can be made, the | 12 |
| amount estimated
to be received under the provisions of the | 13 |
| Workers' Compensation Act or
Workers' Occupational Diseases | 14 |
| Act. If the amount received as
compensation payment or award | 15 |
| under the aforesaid Acts exceeds the
disability benefit or | 16 |
| compensation or supplemental annuity payable as a
result of | 17 |
| such specific loss, disability or death, no payment of
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| disability benefit or compensation or supplemental annuity | 19 |
| shall be made
until a period of time has elapsed when the | 20 |
| benefit or compensation or
supplemental annuity payable at the | 21 |
| rate herein stated equals the amount
of such compensation, | 22 |
| payment or award. In calculating any such period
of time, | 23 |
| interest upon the amounts involved shall not be considered.
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| (d) An employee who enters service after December 31, 1987, | 25 |
| or an
employee who makes application for a disability benefit | 26 |
| or applies for a
disability benefit for a recurrence of a |
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| previous disability, and who,
while in receipt of an ordinary | 2 |
| or duty disability benefit, assumes any
employment for | 3 |
| compensation, shall not be entitled to receive any amount of
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| such disability benefit which, when added to his compensation | 5 |
| for such
employment during disability, plus any amount payable | 6 |
| under the provisions
of the Workers' Compensation Act or | 7 |
| Workers' Occupational Diseases Act,
would exceed the rate of | 8 |
| salary on which his disability benefit is based.
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| (Source: P.A. 85-964.)
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| Section 90. The State Mandates Act is amended by adding | 11 |
| Section 8.32 as follows: | 12 |
| (30 ILCS 805/8.32 new) | 13 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 14 |
| of this Act, no reimbursement by the State is required for the | 15 |
| implementation of any mandate created by this amendatory Act of | 16 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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