§ 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 administrative law judge 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 administrative law judge 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 administrative law judge 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 administrative law judge 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.

Legislative History

(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; P.A. 21-18, S. 1.) 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; pursuant to P.A. 21-18, “workers' compensation commissioner” and “commissioner” were changed editorially by the Revisors to “administrative law judge” in Subsecs. (a) and (b), effective October 1, 2021. Former statute cited. 144 C. 322. Former statute cited. 22 CS 97.