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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1354 Introduced 2/13/2019, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED:
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| 5 ILCS 345/1 | from Ch. 70, par. 91 |
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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 |
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| | SB1354 | | LRB101 09023 RJF 54116 b |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Public Employee Disability Act is amended by |
| 5 | | changing Section 1 as follows:
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| 6 | | (5 ILCS 345/1) (from Ch. 70, par. 91)
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| 7 | | Sec. 1. Disability benefit.
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| 8 | | (a) For the purposes of this Section, "eligible employee" |
| 9 | | means any
part-time or full-time State correctional officer or |
| 10 | | any other full or
part-time employee of the Department of |
| 11 | | Corrections, any full or part-time
employee of the Prisoner |
| 12 | | Review Board, any full or part-time employee of the
Department |
| 13 | | of Human Services working within a
penal institution or a State |
| 14 | | mental health or developmental
disabilities facility operated |
| 15 | | by the Department of Human Services, and any
full-time or |
| 16 | | part-time law enforcement officer or any
full-time or part-time |
| 17 | | firefighter, including a full-time paramedic or a firefighter |
| 18 | | who performs paramedic duties, who is employed by the State of |
| 19 | | Illinois, any unit of
local government (including any home rule |
| 20 | | unit), any State supported college or
university, or any other |
| 21 | | public entity granted the power to employ persons for
such |
| 22 | | purposes by law.
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| 23 | | (b) Whenever an eligible employee suffers any injury in the |
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| 1 | | line of duty
which causes him to be unable to perform his |
| 2 | | duties, he shall continue to be
paid by the employing public |
| 3 | | entity on the same basis as he was paid before the
injury, with |
| 4 | | no deduction from his sick leave credits, compensatory time for
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| 5 | | overtime accumulations or vacation, or service credits in a |
| 6 | | public employee
pension fund during the time he is unable to |
| 7 | | perform his duties due to the
result of the injury, but not |
| 8 | | longer than one year in relation to the same
injury. However, |
| 9 | | no injury to an employee of the Department
of Corrections or
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| 10 | | the Prisoner Review Board working within a penal institution or |
| 11 | | an employee of
the Department of Human Services working within |
| 12 | | a
departmental mental health or developmental disabilities |
| 13 | | facility shall
qualify the employee for benefits under this |
| 14 | | Section unless the
injury is the
direct or indirect result of |
| 15 | | violence by inmates of the penal institution or
residents of |
| 16 | | the mental health or developmental
disabilities facility.
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| 17 | | (c) At any time during the period for which continuing |
| 18 | | compensation
is required by this Act, the employing public |
| 19 | | entity may order at the
expense of that entity physical or |
| 20 | | medical examinations of the injured
person to determine the |
| 21 | | degree of disability.
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| 22 | | (d) During this period of disability, the injured person |
| 23 | | shall not
be employed in any other manner, with or without |
| 24 | | monetary compensation.
Any person who is employed in violation |
| 25 | | of this paragraph forfeits the
continuing compensation |
| 26 | | provided by this Act from the time such
employment begins. Any |
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| 1 | | salary compensation due the injured person from
workers' |
| 2 | | compensation or any salary due him from any type of insurance
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| 3 | | which may be carried by the employing public entity shall |
| 4 | | revert to that
entity during the time for which continuing |
| 5 | | compensation is paid to him
under this Act. Any person with a |
| 6 | | disability receiving compensation under the
provisions of this |
| 7 | | Act shall not be entitled to any benefits for which
he would |
| 8 | | qualify because of his disability under the provisions of the
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| 9 | | Illinois Pension Code.
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| 10 | | (e) Any employee of the State of Illinois, as defined in |
| 11 | | Section 14-103.05
of the Illinois Pension Code, who becomes |
| 12 | | permanently unable to perform the
duties of such employment due |
| 13 | | to an injury received in the active performance
of his duties |
| 14 | | as a State employee as a result of a willful act of violence by
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| 15 | | another employee of the State of Illinois, as so defined, |
| 16 | | committed during such
other employee's course of employment and |
| 17 | | after January 1, 1988, shall be
eligible for benefits pursuant |
| 18 | | to the provisions of this Section. For purposes
of this |
| 19 | | Section, permanent disability is defined as a diagnosis or |
| 20 | | prognosis of
an inability to return to current job duties by a |
| 21 | | physician licensed to
practice medicine in all of its branches.
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| 22 | | (f) The compensation and other benefits provided to |
| 23 | | part-time employees
covered by this Section shall be calculated |
| 24 | | based on the percentage of time
the part-time employee was |
| 25 | | scheduled to work pursuant to his or her status as
a part-time |
| 26 | | employee.
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| 1 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of |
| 2 | | Article VII of
the Illinois Constitution, this Act specifically |
| 3 | | denies and limits the exercise
by home rule units of any power |
| 4 | | which is inconsistent herewith, and all
existing laws and |
| 5 | | ordinances which are inconsistent herewith are hereby
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| 6 | | superseded. This Act does not preempt the concurrent exercise |
| 7 | | by home rule
units of powers consistent herewith.
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| 8 | | This Act does not apply to any home rule unit with a |
| 9 | | population of over
1,000,000.
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| 10 | | (h) In those cases where the injury to a State employee for |
| 11 | | which
a benefit is payable under this Act was caused
under |
| 12 | | circumstances creating a legal liability for damages on the |
| 13 | | part
of some person other than the State employer, all of the |
| 14 | | rights
and privileges, including the right to notice of suit |
| 15 | | brought against
such other person and the right to commence or |
| 16 | | join in such suit, as
given the employer, together with the |
| 17 | | conditions or obligations imposed
under paragraph (b) of |
| 18 | | Section 5 of the Workers' Compensation Act,
are also given and |
| 19 | | granted to the State, to the end that, with respect to State |
| 20 | | employees only, the State
may be paid or reimbursed for the |
| 21 | | amount of
benefit paid or
to be paid by the
State to the |
| 22 | | injured employee or his or her personal representative out of |
| 23 | | any
judgment, settlement, or payment
for such injury obtained |
| 24 | | by such injured employee or his
or her personal representative |
| 25 | | from such other person by virtue of the injury. |
| 26 | | (Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
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