Rep. Ann Williams
Filed: 5/28/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1245




2 AMENDMENT NO. ______. Amend Senate Bill 1245 by replacing 
3everything after the enacting clause with the following:


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 firefighter 
10(hereinafter referred to as "PSEBA recipient"), who, on or 
11after the effective
date of this Act suffers a catastrophic 
12injury or is killed in the line of duty
shall pay the entire 
13premium of the employer's health insurance plan for the PSEBA 
14recipient
injured employee, the PSEBA recipient's injured 
15employee's spouse, and for each dependent child
of the PSEBA 
16recipient injured employee until the child reaches the age of 
 
 
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1majority or until
the end of the calendar year in which the 
2child reaches the age of 25 if the
child continues to be 
3dependent for support or the child is a full-time or
part-time 
4student and is dependent for support. The term "health 
5insurance
plan" does not include supplemental benefits that are 
6not part of the basic
group health insurance plan.
If the PSEBA 
7recipient
injured employee subsequently dies, the employer 
8shall continue to pay the
entire health insurance premium for 
9the surviving spouse until remarried and
for the dependent 
10children under the conditions established in this Section.

11However:


12  (1) Health insurance benefits payable from any other 
13 source shall reduce
benefits payable under this Section.


14  (2) It is unlawful for a person to willfully and 
15 knowingly make, or cause
to be made, or to assist, conspire 
16 with, or urge another to make, or cause to
be made, any 
17 false, fraudulent, or misleading oral or written statement 
18 to
obtain health insurance coverage as provided under this 
19 Section. A violation
of this item is a Class A misdemeanor.


20  (3) Upon conviction for a violation described in item 
21 (2), a law
enforcement, correctional or correctional 
22 probation officer, or other
beneficiary who receives or 
23 seeks to receive health insurance benefits under
this 
24 Section shall forfeit the right to receive health insurance 
25 benefits and
shall reimburse the employer for all benefits 
26 paid due to the fraud or other
prohibited activity. For 
 
 
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1 purposes of this item, "conviction" means a
determination 
2 of guilt that is the result of a plea or trial, regardless 
3 of
whether adjudication is withheld.

4 (b) In order for the law enforcement, correctional or 
5correctional probation
officer, firefighter, spouse, or 
6dependent children to be eligible for
insurance coverage under 
7this Act, the injury or death must have occurred as
the result 
8of the officer's response to fresh pursuit, the officer or

9firefighter's response to what is reasonably believed to be an 
10emergency, an
unlawful act perpetrated by another, or during 
11the investigation of a criminal
act. Nothing in this Section 
12shall be construed to limit health insurance
coverage or 
13pension benefits for which the officer, firefighter, spouse, or

14dependent children may otherwise be eligible.

15 (c) A PSEBA benefit recipient who qualified for benefits 
16under subsections (a) and (b) of this Section shall be required 
17to file a form with his or her employer as prescribed in this 
18Section. The Commission on Government Forecasting and 
19Accountability (COGFA) shall use the form created in this Act 
20and prescribe the content of the report in cooperation with one 
21statewide labor organization representing police, one 
22statewide law enforcement organization, one statewide labor 
23organization representing firefighters employed by at least 
24100 municipalities in this State that is affiliated with the 
25Illinois State Federation of Labor, one statewide labor 
26organization representing correctional officers and parole 
 
 
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1agents, that is affiliated with the Illinois State Federation 
2of Labor, one statewide labor organization representing 
3correctional officers and parole agents that is affiliated with 
4the Illinois State Federation of Labor, one statewide 
5organization representing municipalities, and one regional 
6organization representing municipalities. COGFA may accept 
7comment from any source, but shall not be required to solicit 
8public comment. Within 60 days after the effective date of this 
9amendatory Act of the 98th General Assembly, COGFA shall remit 
10a copy of the form contained in this subsection to all 
11employers subject to this Act.

12  "PSEBA RECIPIENT REPORTING FORM: 
13  Under Section 10 of the Public Safety Employee Benefits 
14 Act (820 ILCS 320/10), the Commission on Government 
15 Forecasting and Accountability (COGFA) is charged with 
16 creating and submitting a report to the Governor and the 
17 General Assembly setting forth information regarding 
18 recipients and benefits payable under the Public Safety 
19 Employee Benefits Act (Act). The Act requires employers 
20 providing PSEBA benefits to distribute this form to any 
21 former peace officer, firefighter, or correctional officer 
22 currently in receipt of PSEBA benefits. 
23  The responses to the questions below will be used by 
24 COGFA to compile information regarding the PSEBA benefit 
25 for its report. The Act prohibits the release of any 
 
 
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1 personal information concerning the PSEBA recipient and 
2 exempts the reported information from the requirements of 
3 the Freedom of Information Act (FOIA). 
4  The Act requires the PSEBA recipient to complete this 
5 form and submit it to the employer providing PSEBA benefits 
6 within 60 days of receipt. If the PSEBA recipient fails to 
7 submit this form within 60 days of receipt, the employer is 
8 required to notify the PSEBA recipient of non-compliance 
9 and provide an additional 30 days to submit the required 
10 form. Failure to submit the form in a timely manner will 
11 result in the PSEBA recipient incurring responsibility for 
12 reimbursing the employer for premiums paid during the 
13 period the form is due and not filed. 
14   (1) PSEBA recipient's name: 
15   (2) PSEBA recipient's date of birth: 
16   (3) Name of the employer providing PSEBA benefits:
17   (4) Date the PSEBA benefit first became payable:
18   (5) What was the medical diagnosis of the injury 
19 that qualified you for the PSEBA benefit? 
20   (6) Are you currently employed with compensation?
21   (7) If so, what is the name(s) of your current 
22 employer(s)?
23   (8) Are you or your spouse enrolled in a health 
24 insurance plan provided by your current employer or 
25 another source? 
26   (9) Have you or your spouse been offered or 
 
 
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1 provided access to health insurance from your current 
2 employer(s)? 
3  If you answered yes to question 8 or 9, please provide 
4 the name of the employer, the name of the insurance 
5 provider(s), and a general description of the type(s) of 
6 insurance offered (HMO, PPO, HSA, etc.): 
7   (10) Are you or your spouse enrolled in a health 
8 insurance plan provided by a current employer of your 
9 spouse?
10   (11) Have you or your spouse been offered or 
11 provided access to health insurance provided by a 
12 current employer of your spouse? 
13  If you answered yes to question 10 or 11, please 
14 provide the name of the employer, the name of the insurance 
15 provider, and a general description of the type of 
16 insurance offered (HMO, PPO, HSA, etc.) by an employer of 
17 your spouse:" 

18 Within 30 days after receipt of this form, COFGA shall 
19notify an employer of its obligation to notify any PSEBA 
20recipient receiving benefits under this Act of that recipient's 
21obligation to file a report under this Section. The employer 
22shall include a copy of the form and a self-addressed stamped 
23envelope for the form to be returned to the employer. A PSEBA 
24recipient receiving benefits under this Act must complete and 
25return this form to the employer within 60 days of receipt of 
 
 
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1such form. Any PSEBA recipient who has been given notice as 
2provided under this Section and who fails to timely file a 
3report under this Section within 60 days after receipt of this 
4form shall be notified by the employer that he or she has 30 
5days to submit the report or risk incurring the cost of his or 
6her benefits provided under this Act. An employer may seek 
7reimbursement for premium payments for a PSEBA recipient who 
8fails to file this report with the employer 30 days after 
9receiving this notice. The PSEBA recipient is responsible for 
10reimbursing the employer for premiums paid during the period 
11the report is due and not filed. Employers shall return this 
12form to COGFA within 30 days after receiving the form from the 
13PSEBA recipient.
14 Any information collected by the employer under this 
15Section shall be exempt from the requirements of the Freedom of 
16Information Act except for data collected in the aggregate that 
17does not reveal any personal information concerning the PSEBA 
18recipient.
19 By July 1 of every odd-numbered year, beginning in 2015, 
20employers subject to this Act must send the form contained in 
21this subsection to all PSEBA recipients eligible for benefits 
22under this Act. The PSEBA recipient must complete and return 
23this form by September 1 of that year. Any PSEBA recipient who 
24has been given notice as provided under this Section and who 
25fails to timely file a completed form under this Section within 
2660 days after receipt of this form shall be notified by the 
 
 
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1employer that he or she has 30 days to submit the form or risk 
2incurring the costs of his or her benefits provided under this 
3Act. The PSEBA recipient is responsible for reimbursing the 
4employer for premiums paid during the period the report is due 
5and not filed. The employer shall resume premium payments upon 
6receipt of the completed form. Employers shall return this form 
7to COGFA within 30 days after receiving the form from the PSEBA 
8recipient.
9 (d) An employer subject to this Act shall complete and file 
10the form contained in this subsection.

11  "EMPLOYER SUBJECT TO PSEBA REPORTING FORM: 
12  Under Section 10 of the Public Safety Employee Benefits 
13 Act (820 ILCS 320/10), the Commission on Government 
14 Forecasting and Accountability (COGFA) is charged with 
15 creating and submitting a report to the Governor and 
16 General Assembly setting forth information regarding 
17 recipients and benefits payable under the Public Safety 
18 Employee Benefits Act (Act). 
19  The responses to the questions below will be used by 
20 COGFA to compile information regarding the PSEBA benefit 
21 for its report. 
22  The Act requires all employers subject to the PSEBA Act 
23 to submit the following information within 120 days after 
24 receipt of this form. 
25   (1) Name of the employer: 
 
 
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1   (2) The number of PSEBA benefit applications filed 
2 under the Act during the reporting period provided in 
3 the aggregate and listed individually by name of 
4 applicant and date of application: 
5   (3) The number of PSEBA benefits and names of PSEBA 
6 recipients receiving benefits awarded under the Act 
7 during the reporting period provided in the aggregate 
8 and listed individually by name of applicant and date 
9 of application: 
10   (4) The cost of the health insurance premiums paid 
11 due to PSEBA benefits awarded under the Act during the 
12 reporting period provided in the aggregate and listed 
13 individually by name of PSEBA recipient: 
14   (5) The number of PSEBA benefit applications filed 
15 under the Act since the inception of the Act provided 
16 in the aggregate and listed individually by name of 
17 applicant and date of application: 
18   (6) The number of PSEBA benefits awarded under the 
19 Act since the inception of the Act provided in the 
20 aggregate and listed individually by name of applicant 
21 and date of application: 
22   (7) The cost of health insurance premiums paid due 
23 to PSEBA benefits awarded under the Act since the 
24 inception of the Act provided in the aggregate and 
25 listed individually by name of PSEBA recipient:
26   (8) The current annual cost of health insurance 
 
 
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1 premiums paid for PSEBA benefits awarded under the Act 
2 provided in the aggregate and listed individually by 
3 name of PSEBA recipient: 
4   (9) The annual cost of health insurance premiums 
5 paid for PSEBA benefits awarded under the Act listed by 
6 year since the inception of the Act provided in annual 
7 aggregate amounts and listed individually by name of 
8 PSEBA recipient:
9   (10) A description of health insurance benefit 
10 levels currently provided by the employer to the PSEBA 
11 recipient:
12   (11) The total cost of the monthly health insurance 
13 premium currently provided to the PSEBA recipient: 
14   (12) The other costs of the health insurance 
15 benefit currently provided to the PSEBA recipient 
16 including, but not limited to: 
17    (i) the co-pay requirements of the health 
18 insurance policy provided to the PSEBA recipient; 
19    (ii) the out-of-pocket deductibles of the 
20 health insurance policy provided to the PSEBA 
21 recipient; 
22    (iii) any pharmaceutical benefits and co-pays 
23 provided in the insurance policy; and 
24    (iv) any policy limits of the health insurance 
25 policy provided to the PSEBA recipient." 

 
 
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1 An employer covered under this Act shall file copies of the 
2PSEBA Recipient Reporting Form and the Employer Subject to the 
3PSEBA Act Reporting Form with COGFA within 120 days after 
4receipt of the Employer Subject to the PSEBA Act Reporting 
5Form.
6 The first form filed with COGFA under this Section shall 
7contain all information required by this Section. All forms 
8filed by the employer thereafter shall set forth the required 
9information for the 24-month period ending on June 30 preceding 
10the deadline date for filing the report.
11 Whenever possible, communication between COGFA and 
12employers as required by this Act shall be through electronic 
13means.
14 (e) For the purpose of creating the report required under 
15subsection (f), upon receipt of each PSEBA Benefit Recipient 
16Form, or as soon as reasonably practicable, COGFA shall make a 
17determination of whether the PSEBA benefit recipient or the 
18PSEBA benefit recipient's spouse meets one of the following 
19criteria: 
20  (1) the PSEBA benefit recipient or the PSEBA benefit 
21 recipient's spouse is receiving health insurance from a 
22 current employer, a current employer of his or her spouse, 
23 or another source;
24  (2) the PSEBA benefit recipient or the PSEBA benefit 
25 recipient's spouse has been offered or provided access to 
26 health insurance from a current employer or employers. 
 
 
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1 If one or both of the criteria are met, COGFA shall make 
2the following determinations of the associated costs and 
3benefit levels of health insurance provided or offered to the 
4PSEBA benefit recipient or the PSEBA benefit recipient's 
5spouse: 
6  (A) a description of health insurance benefit levels 
7 offered to or received by the PSEBA benefit recipient or 
8 the PSEBA benefit recipient's spouse from a current 
9 employer or a current employer of the PSEBA benefit 
10 recipient's spouse; 
11  (B) the monthly premium cost of health insurance 
12 benefits offered to or received by the PSEBA benefit 
13 recipient or the PSEBA benefit recipient's spouse from a 
14 current employer or a current employer of the PSEBA benefit 
15 recipient's spouse including, but not limited to: 
16   (i) the total monthly cost of the health insurance 
17 premium;
18   (ii) the monthly amount of the health insurance 
19 premium to be paid by the employer;
20   (iii) the monthly amount of the health insurance 
21 premium to be paid by the PSEBA benefit recipient or 
22 the PSEBA benefit recipient's spouse;
23   (iv) the co-pay requirements of the health 
24 insurance policy; 
25   (v) the out-of-pocket deductibles of the health 
26 insurance policy;
 
 
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1   (vi) any pharmaceutical benefits and co-pays 
2 provided in the insurance policy;
3   (vii) any policy limits of the health insurance 
4 policy. 
5 COGFA shall summarize the related costs and benefit levels 
6of health insurance provided or available to the PSEBA benefit 
7recipient or the PSEBA benefit recipient's spouse and contrast 
8the results to the cost and benefit levels of health insurance 
9currently provided by the employer subject to this Act. This 
10information shall be included in the report required in 
11subsection (f). 
12 (f) By June 1, 2014, and by January 1 of every 
13even-numbered year thereafter beginning in 2016, COGFA shall 
14submit a report to the Governor and the General Assembly 
15setting forth the information received under subsections (c) 
16and (d). The report shall aggregate data in such a way as to 
17not reveal the identity of any single beneficiary. The 
18requirement for reporting to the General Assembly shall be 
19satisfied by filing copies of the report with the Speaker, 
20Minority Leader, and Clerk of the House of Representatives, the 
21President, Minority Leader, and Secretary of the Senate, the 
22Legislative Research Unit as required under Section 3.1 of the 
23General Assembly Organization Act, and the State Government 
24Report Distribution Center for the General Assembly as required 
25under paragraph (t) of Section 7 of the State Library Act. 
26COGFA shall make this report available electronically on a 
 
 
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1publicly accessible website. 
2(Source: P.A. 90-535, eff. 11-14-97.)


3 Section 99. Effective date. This Act takes effect upon 
4becoming law.".