Illinois Compiled Statutes
40 ILCS 5/14-129 (2026)
Determination of compensability - Offset - Subrogation
✓ current as of May 2026
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(40 ILCS 5/14-129)
(from Ch. 108 1/2, par. 14-129)
Sec. 14-129. Determination of compensability - Offset - Subrogation. Except as provided in Section 14-128 of this Act with respect to occupational
death claims, and except as provided in Section 14-123.1 for temporary
disability benefits, before the board takes any action on an application
for an occupational
disability or occupational death benefit, adjudication by the Illinois Workers' Compensation
Commission or a ruling by the agency responsible for
determining the liability of the State under the Workers' Compensation
Act or the Workers' Occupational Diseases Act shall be had on a claim
to establish that the disability or death was incurred while in the
performance and within the scope of the member's duties, under the terms
of the Illinois Workers' Compensation Act or the Workers' Occupational
Diseases Act, whichever applies. The system shall make payment of an
occupational disability or occupational death
benefit only if the claim is found to be compensable under one or
both of those
Acts.
Any amounts 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.
In those cases where the injury or death for which
an occupational
disability or death benefit is payable under this Article was caused
under circumstances creating a legal liability for damages on the part
of some person other than the employer, all of the rights
and privileges, including the right to notice of suit brought against
such other person and the right to commence or join in such suit, as
given the employer, together with the conditions or obligations imposed
under paragraph (b) of Section 5 of the "Workers' Compensation Act",
are also given and granted to the System, to the end that the System
created by this Article may be paid or reimbursed for the amount of
temporary disability, occupational disability or death benefit paid or
to be paid by the
System to the injured employee, or his personal representative in the
event of death, including any contribution amounts credited to the
account of the member under Section 14-127, out of any
judgment, settlement, or payment
for such injury or death obtained by such injured employee or his
personal representative from such other person, or be paid or reimbursed
for such amount paid or to be paid by the System to the surviving spouse
or children of such employee by virtue of the injury or the death of
such employee from such injury.
(Source: P.A. 93-721, eff. 1-1-05.)
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2001–2021 · leading case: Roberts v. Burdick, 2021 IL App (5th) 190119 (Ill. App. Ct. 2021).
Roberts v. Burdick, 2021 IL App (5th) 190119 (Ill. App. Ct. 2021). “Pursuant to section 14-129 of the Illinois Pension Code (40 ILCS 5/14-129 (West 2012)), the SERS monthly occupational disability benefit obligation was offset by the amount of workers’ compensation benefits being paid to Roberts by CMS.”
Robinson v. City of Wichita Employees' Ret. Bd. of Trs., 241 P.3d 15 (Kan. 2010). “3d at 847 (citing 40 ILCS 5/14-129 [West 1996]). SERS had adopted a regulation which provided that the amount considered for the purpose of a deduction would not be reduced by any legal expenses granted in the workers compensation award.”
Janes v. W. States Ins., 783 N.E.2d 37 (Ill. App. Ct. 2001). “40 ILCS 5/14-129 (West 1996). SERS had adopted a regulation which provided that the amount considered for the purpose of a setoff would not be reduced by any legal expenses granted in the workers' compensation *51 award.”
Robinson v. Wichita Employees'ret. Bd., 241 P.3d 15 (Kan. 2010). “2d 1040 (citing 40 ILCS 5/14-129 [West 1996]). SERS had adopted a regulation which provided that the amount considered for the purpose of a deduction would not be reduced by any legal expenses granted in the workers compensation award.”
Janes v. W. States Ins. Co. (Ill. App. Ct. 2001). “40 ILCS 5/14-129 (West 1996). SERS had adopted a regulation which provided that the amount considered for the purpose of a setoff would not be reduced by any legal expenses granted in the workers’ compensation award.”
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