102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3373

 

Introduced 2/22/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 320/10

    Amends the Public Safety Employee Benefits Act. In a provision requiring a public safety employer to pay the entire premium of its health insurance plan for a public safety employee, the employee's spouse, and the employee's dependent children after the employee suffers a fatal or catastrophic injury in the line of duty, requires the employer to offer any individual who qualifies for such premium payments the choice of any health insurance plan available to currently employed full-time public safety employees.


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A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Safety Employee Benefits Act is
5amended by changing Section 10 as follows:
 
6    (820 ILCS 320/10)
7    Sec. 10. Required health coverage benefits.
8    (a) An employer who employs a full-time law enforcement,
9correctional or correctional probation officer, or
10firefighter, who, on or after the effective date of this Act
11suffers a catastrophic injury or is killed in the line of duty
12shall pay the entire premium of the employer's health
13insurance plan for the injured employee, the injured
14employee's spouse, and for each dependent child of the injured
15employee until the child reaches the age of majority or until
16the end of the calendar year in which the child reaches the age
17of 25 if the child continues to be dependent for support or the
18child is a full-time or part-time student and is dependent for
19support. An individual whose entire premium is paid in
20accordance with this Section shall be offered by the employer
21the choice of any health insurance plan available to currently
22employed full-time law enforcement, correctional or
23correctional probation officers, or firefighters. The term

 

 

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1"health insurance plan" does not include supplemental benefits
2that are not part of the basic group health insurance plan. If
3the injured employee subsequently dies, the employer shall
4continue to pay the entire health insurance premium for the
5surviving spouse until remarried and for the dependent
6children under the conditions established in this Section.
7However:
8        (1) Health insurance benefits payable from any other
9    source shall reduce benefits payable under this Section.
10        (2) It is unlawful for a person to willfully and
11    knowingly make, or cause to be made, or to assist,
12    conspire with, or urge another to make, or cause to be
13    made, any false, fraudulent, or misleading oral or written
14    statement to obtain health insurance coverage as provided
15    under this Section. A violation of this item is a Class A
16    misdemeanor.
17        (3) Upon conviction for a violation described in item
18    (2), a law enforcement, correctional or correctional
19    probation officer, or other beneficiary who receives or
20    seeks to receive health insurance benefits under this
21    Section shall forfeit the right to receive health
22    insurance benefits and shall reimburse the employer for
23    all benefits paid due to the fraud or other prohibited
24    activity. For purposes of this item, "conviction" means a
25    determination of guilt that is the result of a plea or
26    trial, regardless of whether adjudication is withheld.

 

 

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1    (b) In order for the law enforcement, correctional or
2correctional probation officer, firefighter, spouse, or
3dependent children to be eligible for insurance coverage under
4this Act, the injury or death must have occurred as the result
5of the officer's response to fresh pursuit, the officer or
6firefighter's response to what is reasonably believed to be an
7emergency, an unlawful act perpetrated by another, or during
8the investigation of a criminal act. Nothing in this Section
9shall be construed to limit health insurance coverage or
10pension benefits for which the officer, firefighter, spouse,
11or dependent children may otherwise be eligible.
12(Source: P.A. 90-535, eff. 11-14-97.)