Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

40 ILCS 5/12-141

(40 ILCS 5/12-141) (from Ch. 108 1/2, par. 12-141)

Sec. 12-141. Workers' compensation offset.

If an employee or surviving
spouse and minor children receive any compensation or payment for specific
loss, disability or death under or by virtue of the Workers' Compensation Act
or the Workers' Occupational Diseases Act on account of disability or death
resulting from the performance of an act of duty, the benefit payable to them
under this Article shall be reduced by the amount of such compensation.  If the
amount received as compensation exceeds such benefits, no payment shall be made
to the employee or surviving spouse until the expiration of the period during
which the benefit payments, accumulated at the rates herein stated, becomes
equal to the sum received as compensation; provided, that the commutation of
compensation to a lump sum basis as provided by the aforesaid Acts shall not
increase the benefits payable by the fund but such benefits shall be adjusted
to the amount of the compensation awarded under the aforesaid Acts prior to any
commutation of such compensation.  No interest shall be considered in these
calculations.

If any employee or surviving spouse and children are denied
compensation by the park or city under those Acts, or if the park
or city fails to act, the denial or failure to act shall not be
considered final until the claim has been adjudicated by the Illinois Workers' Compensation
						
Commission.

(Source: P.A. 93-721, eff. 1-1-05.)