Bill Text: IL SB1245 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Safety Employee Benefits Act. Defines "catastrophic injury" to mean the consequences of an injury that permanently prevent an individual from performing any gainful work. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0561 [SB1245 Detail]
Download: Illinois-2013-SB1245-Amended.html
Bill Title: Amends the Public Safety Employee Benefits Act. Defines "catastrophic injury" to mean the consequences of an injury that permanently prevent an individual from performing any gainful work. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0561 [SB1245 Detail]
Download: Illinois-2013-SB1245-Amended.html
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1 | AMENDMENT TO SENATE BILL 1245
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2 | AMENDMENT NO. ______. Amend Senate Bill 1245 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Safety Employee Benefits Act is | ||||||
5 | amended by adding Section 17 as follows:
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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 | ||||||
10 | as "PSEBA recipient") shall be required to file a form with his | ||||||
11 | or her employer as prescribed in this Section. The Commission | ||||||
12 | on Government Forecasting and Accountability (COGFA) shall use | ||||||
13 | the form created in this Act and prescribe the content of the | ||||||
14 | report in cooperation with one statewide labor organization | ||||||
15 | representing police, one statewide law enforcement | ||||||
16 | organization, one statewide labor organization representing |
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1 | firefighters employed by at least 100 municipalities in this | ||||||
2 | State that is affiliated with the Illinois State Federation of | ||||||
3 | Labor, one statewide labor organization representing | ||||||
4 | correctional officers and parole agents that is affiliated with | ||||||
5 | the Illinois State Federation of Labor, one statewide | ||||||
6 | organization representing municipalities, and one regional | ||||||
7 | organization representing municipalities. COGFA may accept | ||||||
8 | comment from any source, but shall not be required to solicit | ||||||
9 | public comment. Within 60 days after the effective date of this | ||||||
10 | amendatory Act of the 98th General Assembly, COGFA shall remit | ||||||
11 | a copy of the form contained in this subsection to all | ||||||
12 | employers subject to this Act and shall make a copy available | ||||||
13 | on its website.
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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:"
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20 | COFGA shall notify an employer of its obligation to notify | ||||||
21 | any PSEBA recipient receiving benefits under this Act of that | ||||||
22 | recipient's obligation to file a report under this Section. A | ||||||
23 | PSEBA recipient receiving benefits under this Act must complete | ||||||
24 | and return this form to the employer within 60 days of receipt | ||||||
25 | of such form. Any PSEBA recipient who has been given notice as |
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1 | provided under this Section and who fails to timely file a | ||||||
2 | report under this Section within 60 days after receipt of this | ||||||
3 | form shall be notified by the employer that he or she has 30 | ||||||
4 | days to submit the report or risk incurring the cost of his or | ||||||
5 | her benefits provided under this Act. An employer may seek | ||||||
6 | reimbursement for premium payments for a PSEBA recipient who | ||||||
7 | fails to file this report with the employer 30 days after | ||||||
8 | receiving this notice. The PSEBA recipient is responsible for | ||||||
9 | reimbursing the employer for premiums paid during the period | ||||||
10 | the report is due and not filed. Employers shall return this | ||||||
11 | form to COGFA within 30 days after receiving the form from the | ||||||
12 | PSEBA recipient. | ||||||
13 | Any information collected by the employer under this | ||||||
14 | Section shall be exempt from the requirements of the Freedom of | ||||||
15 | Information Act except for data collected in the aggregate that | ||||||
16 | does not reveal any personal information concerning the PSEBA | ||||||
17 | recipient. | ||||||
18 | By July 1 of every odd-numbered year, beginning in 2015, | ||||||
19 | employers subject to this Act must send the form contained in | ||||||
20 | this subsection to all PSEBA recipients eligible for benefits | ||||||
21 | under this Act. The PSEBA recipient must complete and return | ||||||
22 | this form by September 1 of that year. Any PSEBA recipient who | ||||||
23 | has been given notice as provided under this Section and who | ||||||
24 | fails to timely file a completed form under this Section within | ||||||
25 | 60 days after receipt of this form shall be notified by the | ||||||
26 | employer that he or she has 30 days to submit the form or risk |
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1 | incurring the costs of his or her benefits provided under this | ||||||
2 | Act. The PSEBA recipient is responsible for reimbursing the | ||||||
3 | employer for premiums paid during the period the report is due | ||||||
4 | and not filed. The employer shall resume premium payments upon | ||||||
5 | receipt of the completed form. Employers shall return this form | ||||||
6 | to COGFA within 30 days after receiving the form from the PSEBA | ||||||
7 | recipient. | ||||||
8 | (b) An employer subject to this Act shall complete and file | ||||||
9 | the form contained in this subsection.
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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."
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25 | An employer covered under this Act shall file copies of the |
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1 | PSEBA Recipient Reporting Form and the Employer Subject to the | ||||||
2 | PSEBA Act Reporting Form with COGFA within 120 days after | ||||||
3 | receipt of the Employer Subject to the PSEBA Act Reporting | ||||||
4 | Form. | ||||||
5 | The first form filed with COGFA under this Section shall | ||||||
6 | contain all information required by this Section. All forms | ||||||
7 | filed by the employer thereafter shall set forth the required | ||||||
8 | information for the 24-month period ending on June 30 preceding | ||||||
9 | the deadline date for filing the report. | ||||||
10 | Whenever possible, communication between COGFA and | ||||||
11 | employers as required by this Act shall be through electronic | ||||||
12 | means. | ||||||
13 | (c) For the purpose of creating the report required under | ||||||
14 | subsection (d), upon receipt of each PSEBA Benefit Recipient | ||||||
15 | Form, or as soon as reasonably practicable, COGFA shall make a | ||||||
16 | determination of whether the PSEBA benefit recipient or the | ||||||
17 | PSEBA benefit recipient's spouse meets one of the following | ||||||
18 | criteria: | ||||||
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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1 | the following determinations of the associated costs and | ||||||
2 | benefit levels of health insurance provided or offered to the | ||||||
3 | PSEBA benefit recipient or the PSEBA benefit recipient's | ||||||
4 | spouse: | ||||||
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 | ||||||
5 | of health insurance provided or available to the PSEBA benefit | ||||||
6 | recipient or the PSEBA benefit recipient's spouse and contrast | ||||||
7 | the results to the cost and benefit levels of health insurance | ||||||
8 | currently provided by the employer subject to this Act. This | ||||||
9 | information shall be included in the report required in | ||||||
10 | subsection (d). | ||||||
11 | (d) By June 1, 2014, and by January 1 of every | ||||||
12 | even-numbered year thereafter beginning in 2016, COGFA shall | ||||||
13 | submit a report to the Governor and the General Assembly | ||||||
14 | setting forth the information received under subsections (a) | ||||||
15 | and (b). The report shall aggregate data in such a way as to | ||||||
16 | not reveal the identity of any single beneficiary. The | ||||||
17 | requirement for reporting to the General Assembly shall be | ||||||
18 | satisfied by filing copies of the report with the Speaker, | ||||||
19 | Minority Leader, and Clerk of the House of Representatives, the | ||||||
20 | President, Minority Leader, and Secretary of the Senate, the | ||||||
21 | Legislative Research Unit as required under Section 3.1 of the | ||||||
22 | General Assembly Organization Act, and the State Government | ||||||
23 | Report Distribution Center for the General Assembly as required | ||||||
24 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
25 | COGFA shall make this report available electronically on a | ||||||
26 | publicly accessible website.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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