(65 ILCS 5/10-3-10) (from Ch. 24, par. 10-3-10)
Sec. 10-3-10.
The firemen's arbitration board shall conduct hearings with
dispatch for the purpose of hearing evidence relevant to the subject of the
dispute and shall, as soon as practicable, report its findings and
recommendations to the corporate authorities and to any organization of the
firemen of the municipality. Such board's recommendation shall be advisory
only and shall not be binding upon the municipality or upon the members of
the fire department.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-11) (from Ch. 24, par. 10-3-11)
Sec. 10-3-11.
Members of the firemen's arbitration board shall serve
without compensation, but the expenses of any hearings conducted by such
board shall be borne by the municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-3-12) (from Ch. 24, par. 10-3-12)
Sec. 10-3-12.
(a) A fireman who is an elected state officer of a
statewide labor organization that is a representative of municipal firemen
in Illinois shall be granted leave by the municipality, without loss of pay
or benefits and without being required to make up for lost time,
for work hours devoted to performing the fireman's responsibilities
as an elected state officer of the statewide labor organization;
provided that the elected officer has arranged for a fireman from the same
municipality who is qualified to perform the absent fireman's duties
to work for those hours. This Section shall not apply to any municipality
with a population of 1,000,000 or more.
(b) The statewide labor organization shall, by May 1 of each year:
(1) designate 4 elected state officers, whose right | ||
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(2) notify each municipality that is the employer of | ||
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(c) The regulation of leave for a fireman who is employed by a
municipality with a population of less than 1,000,000 and who is an elected
state officer of a statewide labor organization in Illinois, while he is
performing the duties of that office, is an exclusive power and function of
the State. Pursuant to subsection (h) of Section 6 of Article VII of the
Illinois Constitution, a home rule municipality with a population of less
than 1,000,000 may not regulate the leave of a fireman for work hours
devoted to the fireman's responsibilities as an elected state officer of a
statewide labor organization. This Section is a denial and limitation of
home rule powers.
(d) For the purposes of this Section:
"Statewide labor organization" means an organization representing
firefighters employed by at least 85 municipalities in this State, that is
affiliated with the Illinois State Federation of Labor.
"Elected state officer" means a full-time firefighter who is one of the
9 top elected officers of the statewide labor organization.
(Source: P.A. 101-81, eff. 7-12-19.)
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(65 ILCS 5/10-3-13) Sec. 10-3-13. Recall of police officers; limit. A police officer who is retired for disability and is 60 years old or older may not be recalled to service in any capacity.
(Source: P.A. 103-33, eff. 6-9-23.) |
(65 ILCS 5/Art. 10 Div. 4 heading) DIVISION 4.
GENERAL CORPORATE POWERS
RESPECTING EMPLOYMENT
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(65 ILCS 5/10-4-1) (from Ch. 24, par. 10-4-1)
Sec. 10-4-1.
The corporate authorities of any municipality may provide by
ordinance in regard to the relation between all municipal officers and
employees in respect to each other, the municipality, and the people.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-4-2) (from Ch. 24, par. 10-4-2)
Sec. 10-4-2. Group insurance.
(a) The corporate authorities of any municipality may arrange
to provide, for the benefit of employees of the municipality, group life,
health, accident, hospital, and medical insurance, or any one or any
combination of those types of insurance, and may arrange to provide that
insurance for the benefit of the spouses or dependents of those employees.
The insurance may include provision for employees or other insured persons
who rely on treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized religious
denomination. The corporate authorities may provide for payment by the
municipality of a portion of the premium or charge for the insurance with
the employee paying the balance of the premium or charge. If the corporate
authorities undertake a plan under which the municipality pays a portion of
the premium or charge, the corporate authorities shall provide for
withholding and deducting from the compensation of those municipal
employees who consent to join the plan the balance of the premium or charge
for the insurance.
(b) If the corporate authorities do not provide for a plan under which
the municipality pays a portion of the premium or charge for a group
insurance plan, the corporate authorities may provide for withholding
and deducting from the compensation of those employees who consent thereto
the premium or charge for any group life, health, accident, hospital, and
medical insurance.
(c) The corporate authorities may exercise the powers granted in this
Section only if the kinds of group insurance are obtained from an
insurance company authorized to do business
in the State of Illinois,
or are obtained through an
intergovernmental joint self-insurance pool as authorized under the
Intergovernmental Cooperation Act.
The
corporate authorities may enact an ordinance prescribing the method of
operation of the insurance program.
(d) If a municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance coverage for its
employees, the insurance coverage shall include screening by low-dose
mammography for all women 35 years of age or older for the presence of
occult breast cancer unless the municipality elects to provide mammograms
itself under Section 10-4-2.1. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of | ||
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(2) An annual mammogram for women 40 years of age or | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic
mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic
mammography" means a method of screening that is designed to
evaluate an abnormality in a breast, including an abnormality seen
or suspected on a screening mammogram or a subjective or objective
abnormality otherwise detected in the breast. "Low-dose mammography"
means the x-ray examination of the breast using equipment dedicated
specifically for mammography, including the x-ray tube, filter, compression
device, and image receptor, with an average radiation exposure
delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
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(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A municipality, including a home rule municipality, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The
requirement that mammograms be included in health insurance coverage as
provided in subsections (d) through (d-15) is an exclusive power and function of the
State and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of home rule municipality
powers. A home rule municipality to which subsections (d) through (d-15) apply must
comply with every provision of those subsections.
(e) Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 100-863, eff. 8-14-18; 101-580, eff. 1-1-20 .)
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(65 ILCS 5/10-4-2.1) (from Ch. 24, par. 10-4-2.1)
Sec. 10-4-2.1.
Mammograms.
A municipality, including a home rule
municipality, that does not provide insurance coverage of mammograms under
Section 10-4-2 shall itself provide or cause to be provided to its
employees mammograms that meet the requirements set forth in that Section.
The requirement that mammograms be provided by municipalities as provided
in this Section is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of home rule municipality powers. A home rule
municipality to which this Section applies must comply with every provision
of this Section.
(Source: P.A. 87-780.)
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(65 ILCS 5/10-4-2.2)
Sec. 10-4-2.2.
Post-parturition care.
If a municipality,
including a home rule municipality, is a self-insurer for purposes of providing
health insurance coverage for its employees, the coverage shall include
coverage for the post-parturition care benefits required to be covered by a
policy of accident and health insurance under Section 356s of the
Illinois Insurance Code. The requirement that post-parturition care be covered
as provided in this Section is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule municipality to which this Section applies
must comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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(65 ILCS 5/10-4-2.3) (Text of Section from P.A. 103-84, 103-91, 103-420, 103-445, and 103-535) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23.) (Text of Section from P.A. 103-551) Sec. 10-4-2.3. Required health benefits. If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.62 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule municipality to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-551, eff. 8-11-23.) |
(65 ILCS 5/10-4-2.5) Sec. 10-4-2.5. Access to obstetrical and gynecological care. The corporate authorities of all municipalities are subject to the provisions of Section 356r of the Illinois Insurance Code. The requirement under this Section that health care benefits provided by municipalities comply with Section 356r of the Illinois Insurance Code is an exclusive power and function of the State and is a denial and limitation of home rule municipality powers under Article VII, Section 6, subsection (h) of the Illinois Constitution. (Source: P.A. 103-718, eff. 7-19-24.) |
(65 ILCS 5/10-4-2.8)
Sec. 10-4-2.8.
Managed Care Reform and Patient Rights Act.
The corporate
authorities
of all municipalities are subject to the provisions of the Managed Care Reform
and
Patient Rights Act. The
requirement
under this
Section that health care benefits provided by municipalities comply with the
Managed Care Reform and Patient Rights Act is an exclusive power and function
of
the State
and is a denial and limitation of home rule municipality powers under Article
VII, Section 6, subsection (h) of the Illinois Constitution.
(Source: P.A. 91-617, eff. 1-1-00.)
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(65 ILCS 5/10-4-3) (from Ch. 24, par. 10-4-3)
Sec. 10-4-3.
The corporate authorities of any municipality may withhold and
deduct from the compensation of each of its employees who consents thereto,
a specified amount each pay period for the purchase of United States
Savings Bonds for the benefit of such employee and in such denomination as
may be stated. The account of each employee shall be kept separate. As
often as the individual account of any such employee contains a credit
sufficient to purchase a bond of the denomination stated, the withholding
officer shall arrange for or make such purchase as directed by such
employee, and shall deliver such bond to such employee.
Whenever any employee is separated from municipal service, any sum to
his credit in such withheld compensation funds shall be paid to him or to
his estate on request.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/10-4-4) (from Ch. 24, par. 10-4-4)
Sec. 10-4-4.
In municipalities of more than 500,000, the corporate
authorities may investigate the enforcement of the municipal ordinances,
rules and regulations, and the action, conduct and efficiency of all
officers, agents and employees of the municipality. In the conduct of
such investigations the corporate authorities may hold public hearings.
Each member of the corporate authorities shall have power to administer
oaths, and the clerk of the municipality, by order of the corporate
authorities, shall issue subpoenas to secure the attendance and
testimony of witnesses and the production of books and papers relevant
to such investigations and to any hearing before the corporate
authorities or any member thereof.
Any circuit court of this state upon application of the
corporate authorities, or any member thereof, may in its
discretion compel the attendance of witnesses, the production of books
and papers, and the giving of testimony before the corporate authorities
or any member thereof, by attachment for contempt or otherwise in the
same manner as the production of evidence may be compelled before the
court.
(Source: P.A. 81-282.)
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(65 ILCS 5/10-4-5) (from Ch. 24, par. 10-4-5)
Sec. 10-4-5.
The corporate authorities of a municipality shall not pass
any ordinance requiring a municipal employee who is under the age of 56 to
retire.
No home rule unit, as defined in Article VII of the Illinois Constitution,
shall have the power to change, alter or amend in any way the provisions
of this Section, and it is declared to be the law in this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the Constitution,
that the establishment of a mandatory retirement age below the age of 56
for employees of a municipality is an exercise of exclusive State power
which may not be exercised concurrently by a home rule unit.
(Source: P.A. 82-536.)
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