97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3321

 

Introduced 2/24/2011, by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 320/10

    Amends the Public Safety Employee Benefits Act. Provides that the health insurance benefits provided by the Act apply without regard to whether the employee suffered a catastrophic injury or was killed in the line of duty before, on, or after the effective date of the Act.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3321LRB097 10952 JDS 51546 b

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, without regard to on or after the effective
11date of this Act suffers a catastrophic injury or is killed in
12the line of duty shall pay the entire premium of the employer's
13health insurance 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. The term "health insurance plan" does not include
20supplemental benefits that are not part of the basic group
21health insurance plan. If the injured employee subsequently
22dies, the employer shall continue to pay the entire health
23insurance premium for the surviving spouse until remarried and

 

 

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1for the dependent children under the conditions established in
2this Section. However:
3        (1) Health insurance benefits payable from any other
4    source shall reduce benefits payable under this Section.
5        (2) It is unlawful for a person to willfully and
6    knowingly make, or cause to be made, or to assist, conspire
7    with, or urge another to make, or cause to be made, any
8    false, fraudulent, or misleading oral or written statement
9    to obtain health insurance coverage as provided under this
10    Section. A violation of this item is a Class A misdemeanor.
11        (3) Upon conviction for a violation described in item
12    (2), a law enforcement, correctional or correctional
13    probation officer, or other beneficiary who receives or
14    seeks to receive health insurance benefits under this
15    Section shall forfeit the right to receive health insurance
16    benefits and shall reimburse the employer for all benefits
17    paid due to the fraud or other prohibited activity. For
18    purposes of this item, "conviction" means a determination
19    of guilt that is the result of a plea or trial, regardless
20    of whether adjudication is withheld.
21    (b) In order for the law enforcement, correctional or
22correctional probation officer, firefighter, spouse, or
23dependent children to be eligible for insurance coverage under
24this Act, the injury or death must have occurred as the result
25of the officer's response to fresh pursuit, the officer or
26firefighter's response to what is reasonably believed to be an

 

 

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1emergency, an unlawful act perpetrated by another, or during
2the investigation of a criminal act. Nothing in this Section
3shall be construed to limit health insurance coverage or
4pension benefits for which the officer, firefighter, spouse, or
5dependent children may otherwise be eligible.
6(Source: P.A. 90-535, eff. 11-14-97.)