State of Illinois
2013 and 2014


Introduced 1/30/2013, by Sen. Christine Radogno


820 ILCS 320/10

    Amends the Public Safety Employee Benefits Act. Defines "catastrophic injury" to mean the consequences of an injury that permanently prevent an individual from performing any gainful work. Effective immediately.

LRB098 00197 KTG 30200 b





SB1245LRB098 00197 KTG 30200 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, 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 insurance
13plan for the injured employee, the injured employee's spouse,
14and for each dependent child of the injured employee until the
15child reaches the age of majority or until the end of the
16calendar year in which the child reaches the age of 25 if the
17child continues to be dependent for support or the child is a
18full-time or part-time student and is dependent for support.
19The term "health insurance plan" does not include supplemental
20benefits that are not part of the basic group health insurance
21plan. If the injured employee subsequently dies, the employer
22shall continue to pay the entire health insurance premium for
23the surviving spouse until remarried and for the dependent



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1children under the conditions established in this Section.
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    (c) As used in this Section, "catastrophic injury" means
7consequences of an injury that permanently prevent an
8individual from performing any gainful work.
9(Source: P.A. 90-535, eff. 11-14-97.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.