Full Text of HB6298 99th General Assembly
HB6298ham001 99TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 4/13/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6298
| 2 | | AMENDMENT NO. ______. Amend House Bill 6298 as follows:
| 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:
| 7 | | "(40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
| 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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| 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 .
| 14 | | (Source: P.A. 95-1036, eff. 2-17-09.)
| 15 | | (40 ILCS 5/9-159) (from Ch. 108 1/2, par. 9-159)
| 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.
| 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.
| 25 | | (c) If an employee who shall be disabled, or his widow or |
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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,
| 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.
| 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.
| 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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