ILCS » Chapter 40 · Act 5

40 ILCS 5/3-114.5

Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts

Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(40 ILCS 5/3-114.5) (from Ch. 108 1/2, par. 3-114.5)
    Sec. 3-114.5. Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts.
    (a) Whenever a person is entitled to a disability or survivor's benefit under this Article and to benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act for the same injury or disease, the benefits payable under this Article shall be reduced by an amount computed in accordance with subsection (b) of this Section. There shall be no reduction, however, for any of the following: payments for medical, surgical and hospital services, non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this State and for artificial appliances; payments made for scheduled losses for the loss of or permanent and complete or permanent and partial loss of the use of any bodily member or the body taken as a whole under subdivision (d)2 or subsection (e) of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; payments made for statutorily prescribed losses under subdivision (d)2 of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; and that portion of the payments which is utilized to pay attorneys' fees and the costs of securing the workers' compensation benefits under either the Workers' Compensation Act or Workers' Occupational Diseases Act.
    (b) The reduction prescribed by this Section shall be computed as follows:
        (1) In the event that a person entitled to benefits
    
under this Article incurs costs or attorneys' fees in order to establish his entitlement, the reduction prescribed by this Section shall itself be reduced by the amount of such costs and attorneys' fees.
        (2) If the benefits deductible under this Section are
    
stated in a weekly amount, the monthly amount for the purpose of this Section shall be 52 times the weekly amount, divided by 12.
(Source: P.A. 84-1472.)

    
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Vokac v. Berwyn Police Pension Fund
Sort: Relevance Newest Treatment
Vokac v. Berwyn Police Pension Fund (2025) illappct · cites it 2× “5 of the Pension Code (40 ILCS 5/3-114.5 (West 2020)). The Board reviewed the opinions of the three independent medical examiners who determined that Mr.”
Vokac v. The Berwyn Police Pension Fund (2025) illappct · cites it 2× “5 of the Pension Code (40 ILCS 5/3-114.5 (West 2020)). The Board reviewed the opinions of the three independent medical examiners who determined that Mr.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.