Full Text of SB2510 95th General Assembly
SB2510 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2510
Introduced 2/15/2008, by Sen. William E. Peterson SYNOPSIS AS INTRODUCED: |
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Amends the Workers' Compensation Act. Provides that an employer or group of employers and the representative of its employees may agree to establish binding obligations and procedures relating to workers' compensation. Provides that the agreement must be limited to, but need not include: an alternative dispute resolution system to supplement, modify, or replace the procedural or dispute resolution provisions of the Act; a list of providers of medical treatment that may be the exclusive source of all medical and related treatment; a list of providers that may be the exclusive source of impartial medical examinations; creation of a transitional or modified return to work program; a list of individuals and companies for the provision of vocational rehabilitation or retraining programs; the establishment of safety committees and safety procedures; and the adoption of a 24-hour health care coverage plan. Provides that a copy of the agreement shall be filed with the Illinois Workers' Compensation Commission. Provides that the new provisions do not allow any agreement that diminishes or increases an employee's entitlement to benefits under the Act, an agreement does not diminish or increase an employee's entitlement to benefits, and an agreement that diminishes or increases the employee's entitlement to benefits is void. Provides that an employer insured under the Act shall provide notice to its insurance carrier of its intent to enter into an agreement with its employees and obtain consent from its insurance carrier to enter into an agreement. Provides that the new provisions do not require an employee, an employee group, or an employer to negotiate or be a party to any such agreement. Effective immediately.
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A BILL FOR
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SB2510 |
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LRB095 19216 AMC 45471 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Workers' Compensation Act is amended by | 5 |
| adding Section 24.1 as follows: | 6 |
| (820 ILCS 305/24.1 new) | 7 |
| Sec. 24.1. Collective bargaining agreements. | 8 |
| (a) Any employer or group of employers, and the recognized | 9 |
| or certified and exclusive
representative of its employees, may | 10 |
| agree to establish certain binding obligations and
procedures | 11 |
| relating to workers' compensation. This agreement must be | 12 |
| limited to the following, but
need not include all of the | 13 |
| following: | 14 |
| (1) An alternative dispute resolution system to | 15 |
| supplement, modify, or replace
the procedural or dispute | 16 |
| resolution provisions of this Act. The system
may include | 17 |
| mediation, arbitration, or other dispute resolution | 18 |
| proceedings,
the results of which may be final and binding | 19 |
| upon the parties. | 20 |
| (2) A list of providers of medical treatment that may | 21 |
| be the exclusive source
of all medical and related | 22 |
| treatment provided under this Act. | 23 |
| (3) A list of providers that may be the exclusive |
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SB2510 |
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LRB095 19216 AMC 45471 b |
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| source of impartial medical
(physical or mental) | 2 |
| examinations under this Act. | 3 |
| (4) The creation of a transitional or modified return | 4 |
| to work program. | 5 |
| (5) A list of individuals and companies for the | 6 |
| provision of vocational
rehabilitation or retraining | 7 |
| programs. | 8 |
| (6) The establishment of safety committees and safety | 9 |
| procedures. | 10 |
| (7) The adoption of a 24-hour health care coverage | 11 |
| plan. | 12 |
| (b) A copy of the agreement identifying the employer or the | 13 |
| group of employers
and the local union, district, or council | 14 |
| shall be filed with the Illinois Workers' Compensation | 15 |
| Commission. Upon filing, the agreement shall be valid and | 16 |
| binding. | 17 |
| (c) Nothing in this Section shall allow any agreement that | 18 |
| diminishes
or increases an employee's entitlement to benefits | 19 |
| as otherwise set forth in this Act. For the purposes
of this | 20 |
| Section, the procedural rights and dispute resolution | 21 |
| agreements under paragraphs (1) through (7) of subsection
(a) | 22 |
| are not agreements that diminish or increase an employee's | 23 |
| entitlement to benefits.
Any agreement that diminishes or | 24 |
| increases the employee's entitlement to benefits as set forth | 25 |
| in this
Act is null and void. | 26 |
| (d) If the employer is insured under this Act, it shall, in |
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SB2510 |
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LRB095 19216 AMC 45471 b |
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| the manner provided in the insurance contract, provide notice | 2 |
| to its insurance carrier of its intent to enter into an | 3 |
| agreement as provided in this Section with its employees and | 4 |
| obtain consent from its insurance carrier to enter into an | 5 |
| agreement as provided in this Section. | 6 |
| (e) Nothing in this Section shall require an employee, an | 7 |
| employee group, or an employer to negotiate or be a party to | 8 |
| any such agreement.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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