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Public Act 099-0239


 

Public Act 0239 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0239
 
HB2916 EnrolledLRB099 08065 EFG 28211 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by changing
Section 7-172.1 as follows:
 
    (40 ILCS 5/7-172.1)  (from Ch. 108 1/2, par. 7-172.1)
    Sec. 7-172.1. Actions to enforce payments by
municipalities and instrumentalities.
    (a) If any participating municipality or participating
instrumentality fails to transmit to the Fund contributions
required of it under this Article or contributions collected by
it from its participating employees for the purposes of this
Article for more than 60 90 days after the payment of such
contributions is due, the Fund, after giving notice to such
municipality or instrumentality, may certify to the State
Comptroller the amounts of such delinquent payments and the
Comptroller shall deduct the amounts so certified or any part
thereof from any grants of State funds to the municipality or
instrumentality involved and shall pay the amount so deducted
to the Fund. If State funds from which such deductions may be
made are not available, the Fund may proceed against the
municipality or instrumentality to recover the amounts of such
delinquent payments in the appropriate circuit court.
    (b) If any participating municipality fails to transmit to
the Fund contributions required of it under this Article or
contributions collected by it from its participating employees
for the purposes of this Article for more than 60 90 days after
the payment of such contributions is due, the Fund, after
giving notice to such municipality, may certify the fact of
such delinquent payment to the county treasurer of the county
in which such municipality is located, who shall thereafter
remit the amounts collected from the tax levied by the
municipality under Section 7-171 directly to the Fund.
    (c) If reports furnished to the Fund by the municipality or
instrumentality involved are inadequate for the computation of
the amounts of such delinquent payments, the Fund may provide
for such audit of the records of the municipality or
instrumentality as may be required to establish the amounts of
such delinquent payments. The municipality or instrumentality
shall make its records available to the Fund for the purpose of
such audit. The cost of such audit shall be added to the amount
of the delinquent payments and shall be recovered by the Fund
from the municipality or instrumentality at the same time and
in the same manner as the delinquent payments are recovered.
(Source: P.A. 86-273.)
 
    Section 10. The Public Safety Employee Benefits Act is
amended by changing Section 17 as follows:
 
    (820 ILCS 320/17)
    Sec. 17. Reporting forms.
    (a) A person who qualified for benefits under subsections
(a) and (b) of Section 10 of this Act (hereinafter referred to
as "PSEBA recipient") shall be required to file a form with his
or her employer as prescribed in this Section. The Commission
on Government Forecasting and Accountability (COGFA) shall use
the form created in this Act and prescribe the content of the
report in cooperation with one statewide labor organization
representing police, one statewide law enforcement
organization, one statewide labor organization representing
firefighters employed by at least 100 municipalities in this
State that is affiliated with the Illinois State Federation of
Labor, one statewide labor organization representing
correctional officers and parole agents that is affiliated with
the Illinois State Federation of Labor, one statewide
organization representing municipalities, and one regional
organization representing municipalities. COGFA may accept
comment from any source, but shall not be required to solicit
public comment. Within 60 days after the effective date of this
amendatory Act of the 98th General Assembly, COGFA shall remit
a copy of the form contained in this subsection to all
employers subject to this Act and shall make a copy available
on its website.
 
        "PSEBA RECIPIENT REPORTING FORM:
        Under Section 17 of the Public Safety Employee Benefits
    Act (820 ILCS 320/17), the Commission on Government
    Forecasting and Accountability (COGFA) is charged with
    creating and submitting a report to the Governor and the
    General Assembly setting forth information regarding
    recipients and benefits payable under the Public Safety
    Employee Benefits Act (Act). The Act requires employers
    providing PSEBA benefits to distribute this form to any
    former peace officer, firefighter, or correctional officer
    currently in receipt of PSEBA benefits.
        The responses to the questions below will be used by
    COGFA to compile information regarding the PSEBA benefit
    for its report. The Act prohibits the release of any
    personal information concerning the PSEBA recipient and
    exempts the reported information from the requirements of
    the Freedom of Information Act (FOIA).
        The Act requires the PSEBA recipient to complete this
    form and submit it to the employer providing PSEBA benefits
    within 60 days of receipt. If the PSEBA recipient fails to
    submit this form within 60 days of receipt, the employer is
    required to notify the PSEBA recipient of non-compliance
    and provide an additional 30 days to submit the required
    form. Failure to submit the form in a timely manner will
    result in the PSEBA recipient incurring responsibility for
    reimbursing the employer for premiums paid during the
    period the form is due and not filed.
            (1) PSEBA recipient's name:
            (2) PSEBA recipient's date of birth:
            (3) Name of the employer providing PSEBA benefits:
            (4) Date the PSEBA benefit first became payable:
            (5) What was the medical diagnosis of the injury
        that qualified you for the PSEBA benefit?
            (6) Are you currently employed with compensation?
            (7) If so, what is the name(s) of your current
        employer(s)?
            (8) Are you or your spouse enrolled in a health
        insurance plan provided by your current employer or
        another source?
            (9) Have you or your spouse been offered or
        provided access to health insurance from your current
        employer(s)?
        If you answered yes to question 8 or 9, please provide
    the name of the employer, the name of the insurance
    provider(s), and a general description of the type(s) of
    insurance offered (HMO, PPO, HSA, etc.):
            (10) Are you or your spouse enrolled in a health
        insurance plan provided by a current employer of your
        spouse?
            (11) Have you or your spouse been offered or
        provided access to health insurance provided by a
        current employer of your spouse?
        If you answered yes to question 10 or 11, please
    provide the name of the employer, the name of the insurance
    provider, and a general description of the type of
    insurance offered (HMO, PPO, HSA, etc.) by an employer of
    your spouse:"
 
    COGFA COFGA shall notify an employer of its obligation to
notify any PSEBA recipient receiving benefits under this Act of
that recipient's obligation to file a report under this
Section. A PSEBA recipient receiving benefits under this Act
must complete and return this form to the employer within 60
days of receipt of such form. Any PSEBA recipient who has been
given notice as provided under this Section and who fails to
timely file a report under this Section within 60 days after
receipt of this form shall be notified by the employer that he
or she has 30 days to submit the report or risk incurring the
cost of his or her benefits provided under this Act. An
employer may seek reimbursement for premium payments for a
PSEBA recipient who fails to file this report with the employer
30 days after receiving this notice. The PSEBA recipient is
responsible for reimbursing the employer for premiums paid
during the period the report is due and not filed. Employers
shall return this form to COGFA within 30 days after receiving
the form from the PSEBA recipient.
    Any information collected by the employer under this
Section shall be exempt from the requirements of the Freedom of
Information Act except for data collected in the aggregate that
does not reveal any personal information concerning the PSEBA
recipient.
    By July 1 of every even-numbered odd-numbered year,
beginning in 2016 2015, employers subject to this Act must send
the form contained in this subsection to all PSEBA recipients
eligible for benefits under this Act. The PSEBA recipient must
complete and return this form by September 1 of that year. Any
PSEBA recipient who has been given notice as provided under
this Section and who fails to timely file a completed form
under this Section within 60 days after receipt of this form
shall be notified by the employer that he or she has 30 days to
submit the form or risk incurring the costs of his or her
benefits provided under this Act. The PSEBA recipient is
responsible for reimbursing the employer for premiums paid
during the period the report is due and not filed. The employer
shall resume premium payments upon receipt of the completed
form. Employers shall return this form to COGFA within 30 days
after receiving the form from the PSEBA recipient.
    (b) An employer subject to this Act shall complete and file
the form contained in this subsection.
 
        "EMPLOYER SUBJECT TO PSEBA REPORTING FORM:
        Under Section 17 of the Public Safety Employee Benefits
    Act (820 ILCS 320/17), the Commission on Government
    Forecasting and Accountability (COGFA) is charged with
    creating and submitting a report to the Governor and
    General Assembly setting forth information regarding
    recipients and benefits payable under the Public Safety
    Employee Benefits Act (Act).
        The responses to the questions below will be used by
    COGFA to compile information regarding the PSEBA benefit
    for its report.
        The Act requires all employers subject to the PSEBA Act
    to submit the following information within 120 days after
    receipt of this form.
            (1) Name of the employer:
            (2) The number of PSEBA benefit applications filed
        under the Act during the reporting period provided in
        the aggregate and listed individually by name of
        applicant and date of application:
            (3) The number of PSEBA benefits and names of PSEBA
        recipients receiving benefits awarded under the Act
        during the reporting period provided in the aggregate
        and listed individually by name of applicant and date
        of application:
            (4) The cost of the health insurance premiums paid
        due to PSEBA benefits awarded under the Act during the
        reporting period provided in the aggregate and listed
        individually by name of PSEBA recipient:
            (5) The number of PSEBA benefit applications filed
        under the Act since the inception of the Act provided
        in the aggregate and listed individually by name of
        applicant and date of application:
            (6) The number of PSEBA benefits awarded under the
        Act since the inception of the Act provided in the
        aggregate and listed individually by name of applicant
        and date of application:
            (7) The cost of health insurance premiums paid due
        to PSEBA benefits awarded under the Act since the
        inception of the Act provided in the aggregate and
        listed individually by name of PSEBA recipient:
            (8) The current annual cost of health insurance
        premiums paid for PSEBA benefits awarded under the Act
        provided in the aggregate and listed individually by
        name of PSEBA recipient:
            (9) The annual cost of health insurance premiums
        paid for PSEBA benefits awarded under the Act listed by
        year since the inception of the Act provided in annual
        aggregate amounts and listed individually by name of
        PSEBA recipient:
            (10) A description of health insurance benefit
        levels currently provided by the employer to the PSEBA
        recipient:
            (11) The total cost of the monthly health insurance
        premium currently provided to the PSEBA recipient:
            (12) The other costs of the health insurance
        benefit currently provided to the PSEBA recipient
        including, but not limited to:
                (i) the co-pay requirements of the health
            insurance policy provided to the PSEBA recipient;
                (ii) the out-of-pocket deductibles of the
            health insurance policy provided to the PSEBA
            recipient;
                (iii) any pharmaceutical benefits and co-pays
            provided in the insurance policy; and
                (iv) any policy limits of the health insurance
            policy provided to the PSEBA recipient."
 
    An employer covered under this Act shall file copies of the
PSEBA Recipient Reporting Form and the Employer Subject to the
PSEBA Act Reporting Form with COGFA within 120 days after
receipt of the Employer Subject to the PSEBA Act Reporting
Form.
    The first form filed with COGFA under this Section shall
contain all information required by this Section. All forms
filed by the employer thereafter shall set forth the required
information for the 24-month period ending on June 30 preceding
the deadline date for filing the report.
    Whenever possible, communication between COGFA and
employers as required by this Act shall be through electronic
means.
    (c) For the purpose of creating the report required under
subsection (d), upon receipt of each PSEBA Benefit Recipient
Form, or as soon as reasonably practicable, COGFA shall make a
determination of whether the PSEBA benefit recipient or the
PSEBA benefit recipient's spouse meets one of the following
criteria:
        (1) the PSEBA benefit recipient or the PSEBA benefit
    recipient's spouse is receiving health insurance from a
    current employer, a current employer of his or her spouse,
    or another source;
        (2) the PSEBA benefit recipient or the PSEBA benefit
    recipient's spouse has been offered or provided access to
    health insurance from a current employer or employers.
    If one or both of the criteria are met, COGFA shall make
the following determinations of the associated costs and
benefit levels of health insurance provided or offered to the
PSEBA benefit recipient or the PSEBA benefit recipient's
spouse:
        (A) a description of health insurance benefit levels
    offered to or received by the PSEBA benefit recipient or
    the PSEBA benefit recipient's spouse from a current
    employer or a current employer of the PSEBA benefit
    recipient's spouse;
        (B) the monthly premium cost of health insurance
    benefits offered to or received by the PSEBA benefit
    recipient or the PSEBA benefit recipient's spouse from a
    current employer or a current employer of the PSEBA benefit
    recipient's spouse including, but not limited to:
            (i) the total monthly cost of the health insurance
        premium;
            (ii) the monthly amount of the health insurance
        premium to be paid by the employer;
            (iii) the monthly amount of the health insurance
        premium to be paid by the PSEBA benefit recipient or
        the PSEBA benefit recipient's spouse;
            (iv) the co-pay requirements of the health
        insurance policy;
            (v) the out-of-pocket deductibles of the health
        insurance policy;
            (vi) any pharmaceutical benefits and co-pays
        provided in the insurance policy;
            (vii) any policy limits of the health insurance
        policy.
    COGFA shall summarize the related costs and benefit levels
of health insurance provided or available to the PSEBA benefit
recipient or the PSEBA benefit recipient's spouse and contrast
the results to the cost and benefit levels of health insurance
currently provided by the employer subject to this Act. This
information shall be included in the report required in
subsection (d).
    (d) By June 1, 2014, and by January 1 of every odd-numbered
even-numbered year thereafter beginning in 2017 2016, COGFA
shall submit a report to the Governor and the General Assembly
setting forth the information received under subsections (a)
and (b). The report shall aggregate data in such a way as to
not reveal the identity of any single beneficiary. The
requirement for reporting to the General Assembly shall be
satisfied by filing copies of the report with the Speaker,
Minority Leader, and Clerk of the House of Representatives, the
President, Minority Leader, and Secretary of the Senate, the
Legislative Research Unit as required under Section 3.1 of the
General Assembly Organization Act, and the State Government
Report Distribution Center for the General Assembly as required
under paragraph (t) of Section 7 of the State Library Act.
COGFA shall make this report available electronically on a
publicly accessible website.
(Source: P.A. 98-561, eff. 8-27-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2015