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.".