Sec. 5-170. Effect of workers' compensation and disability payments.
Sec. 5-170. Effect of workers' compensation and disability payments. (a) Except as provided in subsection (i) of section 5-169, a member shall not be entitled to
receive or retain retirement income payments made for any period for which the member
has received or receives disability payments and necessary medical and hospital expenses because of injury incurred or disease contracted in the performance of certain
duties, as provided in section 5-142. Unless the Retirement Commission has waived the
overpayment in accordance with section 5-156c, in any case in which a member has
received retirement income payments in excess of his entitlement under this subsection,
the Comptroller shall act to recover such overpayments by any appropriate means, including (1) withholding such sums from future retirement income payments in accordance with regulations to be adopted by the Retirement Commission in accordance with
the provisions of chapter 54, and (2) petitioning the workers' compensation commissioner having jurisdiction of the member's claim under section 5-142 for an order reducing the member's award pursuant to said section by the amount of such overpayment. The
commissioner may enter such order notwithstanding the provisions of section 31-320.
(b) Retirement income payments made to a member receiving disability payments
and necessary medical and hospital expenses under the provisions of the Workers' Compensation Act, as set forth in chapter 568, shall be reduced for any period for which
such disability payments are being made or have been made, except as provided in
subsection (c) of this section. The amount of each reduced retirement income payment
shall be determined in accordance with section 5-169. Unless the Retirement Commission has waived the overpayment in accordance with section 5-156c, in any case in
which a member has received retirement income payments in excess of his entitlement
under this subsection, the Comptroller shall act to recover such overpayments by any
appropriate means, including (1) withholding such sums from future retirement income
payments in accordance with regulations to be adopted by the Retirement Commission
in accordance with the provisions of chapter 54, and (2) petitioning the workers' compensation commissioner having jurisdiction of the member's workers' compensation
claim for an order reducing the member's workers' compensation award by the amount
of such overpayment. The commissioner may enter such order notwithstanding the provisions of section 31-320.
(c) Retirement income payments shall not be reduced: (1) For a member receiving
a specific indemnity award under section 31-307 or 31-308; (2) for a member who
received a judgment for personal injuries and pain and suffering under the provisions
of section 31-293, provided the member has reimbursed the state in full for all sums
expended by it under chapter 568; or (3) by the amount of any attorney's fees a member
incurs to obtain benefits under the Workers' Compensation Act or federal Social Security disability benefits.
(d) This section applies to claims for workers' compensation and disability retirement from injuries sustained on and after January 1, 1947.
(1949 Rev., S. 385; 1951, S. 154d, 155d; 1958 Rev., S. 5-107; 1961, P.A. 234, S. 19; P.A. 79-376, S. 7; P.A. 83-533,
S. 48, 54; P.A. 87-287, S. 1, 2; P.A. 05-208, S. 1; 05-288, S. 35.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; P.A. 79-376
replaced "workmen's compensation" in Subsecs. (b) and (d) with "workers' compensation"; P.A. 83-533 amended section
to provide for reduction or suspension of benefits in accordance with Sec. 5-169; P.A. 87-287 amended Subsecs. (a) and
(b) to require the comptroller to recover overpayments by any appropriate means unless the overpayment has been waived
by the retirement commission; P.A. 05-208 amended Subsec. (c) by making a technical change and adding new Subdiv.
(3) prohibiting retirement income payments from being reduced by certain attorney's fees, effective July 1, 2005; P.A.
05-288 made a technical change in Subsec. (b), effective July 13, 2005.
Former statute cited. 144 C. 322.
Former statute cited. 22 CS 97.