Illinois General Assembly - Full Text of SB1245
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Full Text of SB1245  98th General Assembly

SB1245ham002 98TH GENERAL ASSEMBLY

Rep. Ann Williams

Filed: 5/29/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1245

2    AMENDMENT NO. ______. Amend Senate Bill 1245 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1firefighters employed by at least 100 municipalities in this
2State that is affiliated with the Illinois State Federation of
3Labor, one statewide labor organization representing
4correctional officers and parole agents that is affiliated with
5the Illinois State Federation of Labor, one statewide
6organization representing municipalities, and one regional
7organization representing municipalities. COGFA may accept
8comment from any source, but shall not be required to solicit
9public comment. Within 60 days after the effective date of this
10amendatory Act of the 98th General Assembly, COGFA shall remit
11a copy of the form contained in this subsection to all
12employers subject to this Act and shall make a copy available
13on its website.
 
14        "PSEBA RECIPIENT REPORTING FORM:
15        Under Section 17 of the Public Safety Employee Benefits
16    Act (820 ILCS 320/17), the Commission on Government
17    Forecasting and Accountability (COGFA) is charged with
18    creating and submitting a report to the Governor and the
19    General Assembly setting forth information regarding
20    recipients and benefits payable under the Public Safety
21    Employee Benefits Act (Act). The Act requires employers
22    providing PSEBA benefits to distribute this form to any
23    former peace officer, firefighter, or correctional officer
24    currently in receipt of PSEBA benefits.
25        The responses to the questions below will be used by

 

 

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1    COGFA to compile information regarding the PSEBA benefit
2    for its report. The Act prohibits the release of any
3    personal information concerning the PSEBA recipient and
4    exempts the reported information from the requirements of
5    the Freedom of Information Act (FOIA).
6        The Act requires the PSEBA recipient to complete this
7    form and submit it to the employer providing PSEBA benefits
8    within 60 days of receipt. If the PSEBA recipient fails to
9    submit this form within 60 days of receipt, the employer is
10    required to notify the PSEBA recipient of non-compliance
11    and provide an additional 30 days to submit the required
12    form. Failure to submit the form in a timely manner will
13    result in the PSEBA recipient incurring responsibility for
14    reimbursing the employer for premiums paid during the
15    period the form is due and not filed.
16            (1) PSEBA recipient's name:
17            (2) PSEBA recipient's date of birth:
18            (3) Name of the employer providing PSEBA benefits:
19            (4) Date the PSEBA benefit first became payable:
20            (5) What was the medical diagnosis of the injury
21        that qualified you for the PSEBA benefit?
22            (6) Are you currently employed with compensation?
23            (7) If so, what is the name(s) of your current
24        employer(s)?
25            (8) Are you or your spouse enrolled in a health
26        insurance plan provided by your current employer or

 

 

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1        another source?
2            (9) Have you or your spouse been offered or
3        provided access to health insurance from your current
4        employer(s)?
5        If you answered yes to question 8 or 9, please provide
6    the name of the employer, the name of the insurance
7    provider(s), and a general description of the type(s) of
8    insurance offered (HMO, PPO, HSA, etc.):
9            (10) Are you or your spouse enrolled in a health
10        insurance plan provided by a current employer of your
11        spouse?
12            (11) Have you or your spouse been offered or
13        provided access to health insurance provided by a
14        current employer of your spouse?
15        If you answered yes to question 10 or 11, please
16    provide the name of the employer, the name of the insurance
17    provider, and a general description of the type of
18    insurance offered (HMO, PPO, HSA, etc.) by an employer of
19    your spouse:"
 
20    COFGA shall notify an employer of its obligation to notify
21any PSEBA recipient receiving benefits under this Act of that
22recipient's obligation to file a report under this Section. A
23PSEBA recipient receiving benefits under this Act must complete
24and return this form to the employer within 60 days of receipt
25of such form. Any PSEBA recipient who has been given notice as

 

 

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1provided under this Section and who fails to timely file a
2report under this Section within 60 days after receipt of this
3form shall be notified by the employer that he or she has 30
4days to submit the report or risk incurring the cost of his or
5her benefits provided under this Act. An employer may seek
6reimbursement for premium payments for a PSEBA recipient who
7fails to file this report with the employer 30 days after
8receiving this notice. The PSEBA recipient is responsible for
9reimbursing the employer for premiums paid during the period
10the report is due and not filed. Employers shall return this
11form to COGFA within 30 days after receiving the form from the
12PSEBA recipient.
13    Any information collected by the employer under this
14Section shall be exempt from the requirements of the Freedom of
15Information Act except for data collected in the aggregate that
16does not reveal any personal information concerning the PSEBA
17recipient.
18    By July 1 of every odd-numbered year, beginning in 2015,
19employers subject to this Act must send the form contained in
20this subsection to all PSEBA recipients eligible for benefits
21under this Act. The PSEBA recipient must complete and return
22this form by September 1 of that year. Any PSEBA recipient who
23has been given notice as provided under this Section and who
24fails to timely file a completed form under this Section within
2560 days after receipt of this form shall be notified by the
26employer that he or she has 30 days to submit the form or risk

 

 

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1incurring the costs of his or her benefits provided under this
2Act. The PSEBA recipient is responsible for reimbursing the
3employer for premiums paid during the period the report is due
4and not filed. The employer shall resume premium payments upon
5receipt of the completed form. Employers shall return this form
6to COGFA within 30 days after receiving the form from the PSEBA
7recipient.
8    (b) An employer subject to this Act shall complete and file
9the form contained in this subsection.
 
10        "EMPLOYER SUBJECT TO PSEBA REPORTING FORM:
11        Under Section 17 of the Public Safety Employee Benefits
12    Act (820 ILCS 320/17), the Commission on Government
13    Forecasting and Accountability (COGFA) is charged with
14    creating and submitting a report to the Governor and
15    General Assembly setting forth information regarding
16    recipients and benefits payable under the Public Safety
17    Employee Benefits Act (Act).
18        The responses to the questions below will be used by
19    COGFA to compile information regarding the PSEBA benefit
20    for its report.
21        The Act requires all employers subject to the PSEBA Act
22    to submit the following information within 120 days after
23    receipt of this form.
24            (1) Name of the employer:
25            (2) The number of PSEBA benefit applications filed

 

 

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1        under the Act during the reporting period provided in
2        the aggregate and listed individually by name of
3        applicant and date of application:
4            (3) The number of PSEBA benefits and names of PSEBA
5        recipients receiving benefits awarded under the Act
6        during the reporting period provided in the aggregate
7        and listed individually by name of applicant and date
8        of application:
9            (4) The cost of the health insurance premiums paid
10        due to PSEBA benefits awarded under the Act during the
11        reporting period provided in the aggregate and listed
12        individually by name of PSEBA recipient:
13            (5) The number of PSEBA benefit applications filed
14        under the Act since the inception of the Act provided
15        in the aggregate and listed individually by name of
16        applicant and date of application:
17            (6) The number of PSEBA benefits awarded under the
18        Act since the inception of the Act provided in the
19        aggregate and listed individually by name of applicant
20        and date of application:
21            (7) The cost of health insurance premiums paid due
22        to PSEBA benefits awarded under the Act since the
23        inception of the Act provided in the aggregate and
24        listed individually by name of PSEBA recipient:
25            (8) The current annual cost of health insurance
26        premiums paid for PSEBA benefits awarded under the Act

 

 

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1        provided in the aggregate and listed individually by
2        name of PSEBA recipient:
3            (9) The annual cost of health insurance premiums
4        paid for PSEBA benefits awarded under the Act listed by
5        year since the inception of the Act provided in annual
6        aggregate amounts and listed individually by name of
7        PSEBA recipient:
8            (10) A description of health insurance benefit
9        levels currently provided by the employer to the PSEBA
10        recipient:
11            (11) The total cost of the monthly health insurance
12        premium currently provided to the PSEBA recipient:
13            (12) The other costs of the health insurance
14        benefit currently provided to the PSEBA recipient
15        including, but not limited to:
16                (i) the co-pay requirements of the health
17            insurance policy provided to the PSEBA recipient;
18                (ii) the out-of-pocket deductibles of the
19            health insurance policy provided to the PSEBA
20            recipient;
21                (iii) any pharmaceutical benefits and co-pays
22            provided in the insurance policy; and
23                (iv) any policy limits of the health insurance
24            policy provided to the PSEBA recipient."
 
25    An employer covered under this Act shall file copies of the

 

 

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1PSEBA Recipient Reporting Form and the Employer Subject to the
2PSEBA Act Reporting Form with COGFA within 120 days after
3receipt of the Employer Subject to the PSEBA Act Reporting
4Form.
5    The first form filed with COGFA under this Section shall
6contain all information required by this Section. All forms
7filed by the employer thereafter shall set forth the required
8information for the 24-month period ending on June 30 preceding
9the deadline date for filing the report.
10    Whenever possible, communication between COGFA and
11employers as required by this Act shall be through electronic
12means.
13    (c) For the purpose of creating the report required under
14subsection (d), upon receipt of each PSEBA Benefit Recipient
15Form, or as soon as reasonably practicable, COGFA shall make a
16determination of whether the PSEBA benefit recipient or the
17PSEBA benefit recipient's spouse meets one of the following
18criteria:
19        (1) the PSEBA benefit recipient or the PSEBA benefit
20    recipient's spouse is receiving health insurance from a
21    current employer, a current employer of his or her spouse,
22    or another source;
23        (2) the PSEBA benefit recipient or the PSEBA benefit
24    recipient's spouse has been offered or provided access to
25    health insurance from a current employer or employers.
26    If one or both of the criteria are met, COGFA shall make

 

 

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1the following determinations of the associated costs and
2benefit levels of health insurance provided or offered to the
3PSEBA benefit recipient or the PSEBA benefit recipient's
4spouse:
5        (A) a description of health insurance benefit levels
6    offered to or received by the PSEBA benefit recipient or
7    the PSEBA benefit recipient's spouse from a current
8    employer or a current employer of the PSEBA benefit
9    recipient's spouse;
10        (B) the monthly premium cost of health insurance
11    benefits offered to or received by the PSEBA benefit
12    recipient or the PSEBA benefit recipient's spouse from a
13    current employer or a current employer of the PSEBA benefit
14    recipient's spouse including, but not limited to:
15            (i) the total monthly cost of the health insurance
16        premium;
17            (ii) the monthly amount of the health insurance
18        premium to be paid by the employer;
19            (iii) the monthly amount of the health insurance
20        premium to be paid by the PSEBA benefit recipient or
21        the PSEBA benefit recipient's spouse;
22            (iv) the co-pay requirements of the health
23        insurance policy;
24            (v) the out-of-pocket deductibles of the health
25        insurance policy;
26            (vi) any pharmaceutical benefits and co-pays

 

 

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1        provided in the insurance policy;
2            (vii) any policy limits of the health insurance
3        policy.
4    COGFA shall summarize the related costs and benefit levels
5of health insurance provided or available to the PSEBA benefit
6recipient or the PSEBA benefit recipient's spouse and contrast
7the results to the cost and benefit levels of health insurance
8currently provided by the employer subject to this Act. This
9information shall be included in the report required in
10subsection (d).
11    (d) By June 1, 2014, and by January 1 of every
12even-numbered year thereafter beginning in 2016, COGFA shall
13submit a report to the Governor and the General Assembly
14setting forth the information received under subsections (a)
15and (b). The report shall aggregate data in such a way as to
16not reveal the identity of any single beneficiary. The
17requirement for reporting to the General Assembly shall be
18satisfied by filing copies of the report with the Speaker,
19Minority Leader, and Clerk of the House of Representatives, the
20President, Minority Leader, and Secretary of the Senate, the
21Legislative Research Unit as required under Section 3.1 of the
22General Assembly Organization Act, and the State Government
23Report Distribution Center for the General Assembly as required
24under paragraph (t) of Section 7 of the State Library Act.
25COGFA shall make this report available electronically on a
26publicly accessible website.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".