SB1245 EnrolledLRB098 00197 KTG 30200 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Safety Employee Benefits Act is
5amended 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
10as "PSEBA recipient") shall be required to file a form with his
11or her employer as prescribed in this Section. The Commission
12on Government Forecasting and Accountability (COGFA) shall use
13the form created in this Act and prescribe the content of the
14report in cooperation with one statewide labor organization
15representing police, one statewide law enforcement
16organization, one statewide labor organization representing
17firefighters employed by at least 100 municipalities in this
18State that is affiliated with the Illinois State Federation of
19Labor, one statewide labor organization representing
20correctional officers and parole agents that is affiliated with
21the Illinois State Federation of Labor, one statewide
22organization representing municipalities, and one regional
23organization representing municipalities. COGFA may accept

 

 

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1comment from any source, but shall not be required to solicit
2public comment. Within 60 days after the effective date of this
3amendatory Act of the 98th General Assembly, COGFA shall remit
4a copy of the form contained in this subsection to all
5employers subject to this Act and shall make a copy available
6on 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
14any PSEBA recipient receiving benefits under this Act of that
15recipient's obligation to file a report under this Section. A
16PSEBA recipient receiving benefits under this Act must complete
17and return this form to the employer within 60 days of receipt
18of such form. Any PSEBA recipient who has been given notice as
19provided under this Section and who fails to timely file a
20report under this Section within 60 days after receipt of this
21form shall be notified by the employer that he or she has 30
22days to submit the report or risk incurring the cost of his or
23her benefits provided under this Act. An employer may seek
24reimbursement for premium payments for a PSEBA recipient who
25fails to file this report with the employer 30 days after

 

 

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1receiving this notice. The PSEBA recipient is responsible for
2reimbursing the employer for premiums paid during the period
3the report is due and not filed. Employers shall return this
4form to COGFA within 30 days after receiving the form from the
5PSEBA recipient.
6    Any information collected by the employer under this
7Section shall be exempt from the requirements of the Freedom of
8Information Act except for data collected in the aggregate that
9does not reveal any personal information concerning the PSEBA
10recipient.
11    By July 1 of every odd-numbered year, beginning in 2015,
12employers subject to this Act must send the form contained in
13this subsection to all PSEBA recipients eligible for benefits
14under this Act. The PSEBA recipient must complete and return
15this form by September 1 of that year. Any PSEBA recipient who
16has been given notice as provided under this Section and who
17fails to timely file a completed form under this Section within
1860 days after receipt of this form shall be notified by the
19employer that he or she has 30 days to submit the form or risk
20incurring the costs of his or her benefits provided under this
21Act. The PSEBA recipient is responsible for reimbursing the
22employer for premiums paid during the period the report is due
23and not filed. The employer shall resume premium payments upon
24receipt of the completed form. Employers shall return this form
25to COGFA within 30 days after receiving the form from the PSEBA
26recipient.

 

 

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1    (b) An employer subject to this Act shall complete and file
2the 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
19PSEBA Recipient Reporting Form and the Employer Subject to the
20PSEBA Act Reporting Form with COGFA within 120 days after
21receipt of the Employer Subject to the PSEBA Act Reporting
22Form.
23    The first form filed with COGFA under this Section shall
24contain all information required by this Section. All forms
25filed by the employer thereafter shall set forth the required

 

 

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1information for the 24-month period ending on June 30 preceding
2the deadline date for filing the report.
3    Whenever possible, communication between COGFA and
4employers as required by this Act shall be through electronic
5means.
6    (c) For the purpose of creating the report required under
7subsection (d), upon receipt of each PSEBA Benefit Recipient
8Form, or as soon as reasonably practicable, COGFA shall make a
9determination of whether the PSEBA benefit recipient or the
10PSEBA benefit recipient's spouse meets one of the following
11criteria:
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
20the following determinations of the associated costs and
21benefit levels of health insurance provided or offered to the
22PSEBA benefit recipient or the PSEBA benefit recipient's
23spouse:
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
24of health insurance provided or available to the PSEBA benefit
25recipient or the PSEBA benefit recipient's spouse and contrast
26the results to the cost and benefit levels of health insurance

 

 

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1currently provided by the employer subject to this Act. This
2information shall be included in the report required in
3subsection (d).
4    (d) By June 1, 2014, and by January 1 of every
5even-numbered year thereafter beginning in 2016, COGFA shall
6submit a report to the Governor and the General Assembly
7setting forth the information received under subsections (a)
8and (b). The report shall aggregate data in such a way as to
9not reveal the identity of any single beneficiary. The
10requirement for reporting to the General Assembly shall be
11satisfied by filing copies of the report with the Speaker,
12Minority Leader, and Clerk of the House of Representatives, the
13President, Minority Leader, and Secretary of the Senate, the
14Legislative Research Unit as required under Section 3.1 of the
15General Assembly Organization Act, and the State Government
16Report Distribution Center for the General Assembly as required
17under paragraph (t) of Section 7 of the State Library Act.
18COGFA shall make this report available electronically on a
19publicly accessible website.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.