81-026
State Employees Retirement System of Illinois
Cite as Ill. Op. Att'y Gen. No. 81-026
5
GAVE
AUTHORIZED
TYRONE C. FAHNER
ATTORNEY GENERAL
STATE OF ILLINOIS
SPRINGFIELD
July 28, 1981
FILE NO. 81-026
STATE EMPLOYEES:
State Employees' Retirement
System of Illinois
-
Michael L. Mory
Executive Secretary
State Employees' Retirement System of Illinois
P. O. Box 4064
2815 West Washington Street
Springfield, Illinois 62708
Dear Mr. Mory:
I have your letter wherein you inquire whether a
settlement agreement, approved by the Industrial Commission,
for occupational disability benefits under the Workers'
Compensation Act (Ill. Rev. Stat. 1980 Supp., ch. 48, par.
138.1 et seq.) would govern the period of disability benefit
liability of the State Employees' Retirement System of Illinois.
For the reasons hereinafter stated, it is my opinion that the
liability of the System would not be so limited.
Section 14-123 of the Illinois Pension Code (Ill.
Rev. Stat. 1979, ch. 108 1/2, par. 14-123) provides for payment
Michael L. Mory - 2.
of occupational disability benefits to a member of the pension
system who becomes incapacitated to perform the duties of his
position while under age 65, as the proximate result of bodily
injuries sustained or a hazard undergone while in the performance and within the scope of the member's duties. Benefits
under this section are payable until:
"
* * *
(1) the date on which disability ceases;
(2) the date on which the member engages
in gainful employment; or
(3) the end of the month in which the member
attains age 65, whichever occurs first.
***
"
Section 14-128 of the Code provides for occupational
death benefits to a member whose death, prior to retirement,
is the proximate result of bodily injuries sustained or a
hazard undergone while in the performance and within the
scope of the member's duties. Under the provisions of this
section, payment of the annuity continues until:
"
* * *
1. Remarriage before age 55 or death of
a surviving spouse;
2. Attainment of age 18, death, or marriage
of an eligible child.
* * *
"
Section 14-129 of the Code requires that before the
State Employees' Retirement System of Illinois can take any
Michael L. Mory - 3.
action on a claim for an occupational death benefit or an
occupational disability benefit, an adjudication by the Industrial
Commission, or a ruling by the agency responsible for determin-
ing the liability of the State under the Workmen's Compensation
Act must be obtained. In opinion No. S-1195, issued January 13,
1977, my predecessor advised that a settlement agreement approved
by the Industrial Commission that recites that a member of the
State Employees' Retirement System of Illinois was killed or
injured in the course of his employment, satisfies the require-
ment of an adjudication or ruling.
Section 14-129 of the Code also provides that payments
under the Act shall be offset by any awards from either the
Illinois Workers' Compensation Act or the Workers' Occupational
Diseases Act, whichever applies:
"
* * *
Any amount provided for a member or his
dependents under those Acts shall be applied
for the period of time prescribed by such Acts
for payments thereunder as an offset to any
occupational disability or occupational death
benefit or to a survivors annuity or annuities
provided in this Article in such manner as may
be prescribed by the rules of the board.
* * *
"
From the above discussion it 1s clear that the action
of the Industrial Commission in approving a lump sum settlement
agreement has a very limited effect. The action of the Commission with respect to the System's disability benefit liability
does constitute a satisfectory adjudication under section 14-129
Michael L. Mory - 4.
of the Code making it possible for the State Employees'
Retirement System to take action on a claim for disability
benefits. Further, the amounts paid under a settlement
agreement are to be offset against the occupational disability
benefit provided in section 14-123 of the Code. The amount of
occupational disability benefits provided by the State Employees'
Retirement System, the time at which they start and the time
at which they end, lies solely in the control of the State
Employees' Retirement System, and is affected by the settlement
agreement only to the extent of offsetting duplicate benefits.
Very truly yours,
J ATTORNEY John GENERAL