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Full Text of SB0607  102nd General Assembly

SB0607 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0607

 

Introduced 2/24/2021, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 345/1  from Ch. 70, par. 91

    Amends the Public Employee Disability Act. Provides that "eligible employee" under the Act includes part-time law enforcement officers and part-time firefighters (currently, only full-time law enforcement officers and full-time firefighters included).


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A BILL FOR

 

SB0607LRB102 15516 RJF 20879 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Employee Disability Act is amended
5by changing Section 1 as follows:
 
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) For the purposes of this Section, "eligible employee"
9means any part-time or full-time State correctional officer or
10any other full or part-time employee of the Department of
11Corrections, any full or part-time employee of the Prisoner
12Review Board, any full or part-time employee of the Department
13of Human Services working within a penal institution or a
14State mental health or developmental disabilities facility
15operated by the Department of Human Services, and any
16full-time or part-time law enforcement officer or any
17full-time or part-time firefighter, including a full-time
18paramedic or a firefighter who performs paramedic duties, who
19is employed by the State of Illinois, any unit of local
20government (including any home rule unit), any State supported
21college or university, or any other public entity granted the
22power to employ persons for such purposes by law.
23    (b) Whenever an eligible employee suffers any injury in

 

 

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1the line of duty which causes him to be unable to perform his
2duties, he shall continue to be paid by the employing public
3entity on the same basis as he was paid before the injury, with
4no deduction from his sick leave credits, compensatory time
5for overtime accumulations or vacation, or service credits in
6a public employee pension fund during the time he is unable to
7perform his duties due to the result of the injury, but not
8longer than one year in relation to the same injury, except as
9otherwise provided under subsection (b-5). However, no injury
10to an employee of the Department of Corrections or the
11Prisoner Review Board working within a penal institution or an
12employee of the Department of Human Services working within a
13departmental mental health or developmental disabilities
14facility shall qualify the employee for benefits under this
15Section unless the injury is the direct or indirect result of
16violence by inmates of the penal institution or residents of
17the mental health or developmental disabilities facility.
18    (b-5) Upon the occurrence of circumstances, directly or
19indirectly attributable to COVID-19, occurring on or after
20March 9, 2020 and on or before December 31, 2020 which would
21hinder the physical recovery from an injury of an eligible
22employee within the one-year period as required under
23subsection (b), the eligible employee shall be entitled to an
24extension of no longer than 60 days by which he or she shall
25continue to be paid by the employing public entity on the same
26basis as he or she was paid before the injury. The employing

 

 

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1public entity may require proof of the circumstances hindering
2an eligible employee's physical recovery before granting the
3extension provided under this subsection (b-5).
4    (c) At any time during the period for which continuing
5compensation is required by this Act, the employing public
6entity may order at the expense of that entity physical or
7medical examinations of the injured person to determine the
8degree of disability.
9    (d) During this period of disability, the injured person
10shall not be employed in any other manner, with or without
11monetary compensation. Any person who is employed in violation
12of this paragraph forfeits the continuing compensation
13provided by this Act from the time such employment begins. Any
14salary compensation due the injured person from workers'
15compensation or any salary due him from any type of insurance
16which may be carried by the employing public entity shall
17revert to that entity during the time for which continuing
18compensation is paid to him under this Act. Any person with a
19disability receiving compensation under the provisions of this
20Act shall not be entitled to any benefits for which he would
21qualify because of his disability under the provisions of the
22Illinois Pension Code.
23    (e) Any employee of the State of Illinois, as defined in
24Section 14-103.05 of the Illinois Pension Code, who becomes
25permanently unable to perform the duties of such employment
26due to an injury received in the active performance of his

 

 

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1duties as a State employee as a result of a willful act of
2violence by another employee of the State of Illinois, as so
3defined, committed during such other employee's course of
4employment and after January 1, 1988, shall be eligible for
5benefits pursuant to the provisions of this Section. For
6purposes of this Section, permanent disability is defined as a
7diagnosis or prognosis of an inability to return to current
8job duties by a physician licensed to practice medicine in all
9of its branches.
10    (f) The compensation and other benefits provided to
11part-time employees covered by this Section shall be
12calculated based on the percentage of time the part-time
13employee was scheduled to work pursuant to his or her status as
14a part-time employee.
15    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
16Article VII of the Illinois Constitution, this Act
17specifically denies and limits the exercise by home rule units
18of any power which is inconsistent herewith, and all existing
19laws and ordinances which are inconsistent herewith are hereby
20superseded. This Act does not preempt the concurrent exercise
21by home rule units of powers consistent herewith.
22    This Act does not apply to any home rule unit with a
23population of over 1,000,000.
24    (h) In those cases where the injury to a State employee for
25which a benefit is payable under this Act was caused under
26circumstances creating a legal liability for damages on the

 

 

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1part of some person other than the State employer, all of the
2rights and privileges, including the right to notice of suit
3brought against such other person and the right to commence or
4join in such suit, as given the employer, together with the
5conditions or obligations imposed under paragraph (b) of
6Section 5 of the Workers' Compensation Act, are also given and
7granted to the State, to the end that, with respect to State
8employees only, the State may be paid or reimbursed for the
9amount of benefit paid or to be paid by the State to the
10injured employee or his or her personal representative out of
11any judgment, settlement, or payment for such injury obtained
12by such injured employee or his or her personal representative
13from such other person by virtue of the injury.
14(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20.)