(40 ILCS 5/3-114.5)
(from Ch. 108 1/2, par. 3-114.5)
Reduction of disability and survivor's benefits for corresponding
benefits payable under Workers' Compensation and Workers' Occupational Diseases
Acts. (a) Whenever a person is entitled to a disability or survivor's benefit
under this Article and to benefits under the Workers' Compensation Act or
the Workers' Occupational Diseases Act for the same injury or disease, the
benefits payable under this Article shall be reduced by an
amount computed in accordance with subsection (b) of this Section.
There shall be no reduction, however,
for any of the following: payments for medical, surgical and hospital
services, non-medical remedial
care and treatment rendered in accordance with a religious method of healing
recognized by the laws of this State and for artificial appliances;
payments made for scheduled losses for the loss of or permanent
and complete or permanent and partial loss of the use of any bodily member
or the body taken as a whole under subdivision (d)2 or subsection (e) of
Section 8 of the Workers' Compensation Act or Section 7 of the Workers'
Occupational Diseases Act; payments made for statutorily prescribed
losses under subdivision (d)2 of Section 8 of the Workers' Compensation Act
or Section 7 of the Workers' Occupational Diseases Act; and that portion of
the payments which is utilized to pay attorneys' fees and the costs of
securing the workers' compensation benefits under either the Workers'
Compensation Act or Workers' Occupational Diseases Act.
(b) The reduction prescribed by this Section shall be computed as follows:
(1) In the event that a person entitled to benefits under this Article
costs or attorneys' fees in order to establish his entitlement, the
reduction prescribed by this Section shall itself be reduced by the amount
of such costs and attorneys' fees.
(2) If the benefits deductible under this
Section are stated in a weekly amount, the monthly amount for the purpose
of this Section shall be 52 times the weekly amount, divided by 12.
(Source: P.A. 84-1472.)