Bill Text: IL SB3076 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Public Employee Disability Act. Provides that, for purposes of provisions in the Act concerning disability benefits, "eligible employee" includes any part-time or full-time county correctional officer or any other full-time or part-time employee of a county sheriff. Provides that, when an eligible employee suffers an injury in the line of duty that causes the employee to be unable to perform the employee's duties, the employing public entity shall continue to provide health insurance benefits on the same terms and conditions as were in effect immediately prior to the injury.

Sponsorship: Slight Partisan Bill (Democrat 6-2)

Status: (Enrolled) 2026-06-18 - Sent to the Governor [SB3076 Detail]

Download: Illinois-2025-SB3076-Enrolled.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Employee Disability Act is amended
by changing Sections 1 and 2 as follows:
(5 ILCS 345/1) (from Ch. 70, par. 91)
Sec. 1. Disability benefit.
(a) For the purposes of this Section, "eligible employee"
means any part-time or full-time State correctional officer or
any other full or part-time employee of the Department of
Corrections, any full or part-time employee of the Prisoner
Review Board, any full or part-time employee of the Department
of Human Services working within a penal institution or a
State mental health or developmental disabilities facility
operated by the Department of Human Services, any part-time or
full-time county correctional officer or any other part-time
or full-time employee of a county sheriff, and any full-time
law enforcement officer or full-time firefighter, including a
full-time paramedic or a firefighter who performs paramedic
duties, who is employed by the State of Illinois, any unit of
local government (including any home rule unit), any State
supported college or university, or any other public entity
granted the power to employ persons for such purposes by law.

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(b) Whenever an eligible employee suffers any injury in
the line of duty that which causes the employee him to be
unable to perform the employee's his duties, the employee he
shall continue to be paid by the employing public entity on the
same basis as the employee he was paid before the injury, with
no deduction from the employee's his sick leave credits,
compensatory time for overtime accumulations or vacation, or
service credits in a public employee pension fund during the
time he is unable to perform his duties due to the result of
the injury, but not longer than one year in relation to the
same injury, except as otherwise provided under subsection
(b-5). During the period in which the employee continues to be
paid under this Section, the employing public entity shall
also continue to provide the same options for health insurance
benefits to the employee and, if applicable, to the employee's
eligible dependents at the same benefit level as in effect
immediately before the injury, and the employee shall pay no
greater premium contribution rate than that which the employee
was paying before the injury. Nothing in this Section shall
diminish an employee's right to select health insurance
coverage pursuant to the terms of an employee benefit plan or
collective bargaining agreement. If the employee changes plans
while receiving benefits pursuant to this Act, the employee
shall pay the amount other employees pay for the same coverage
pursuant to a collective bargaining agreement or, in the
absence of a collective bargaining agreement, what similarly

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situated employees pay pursuant to the employer's health
insurance plan. However, no injury to an employee of the
Department of Corrections or the Prisoner Review Board working
within a penal institution or an employee of the Department of
Human Services working within a departmental mental health or
developmental disabilities facility shall qualify the employee
for benefits under this Section unless the injury is the
direct or indirect result of violence by inmates of the penal
institution or residents of the mental health or developmental
disabilities facility.
(b-5) Upon the occurrence of circumstances, directly or
indirectly attributable to COVID-19, occurring on or after
March 9, 2020 and on or before June 30, 2021 (including the
period between December 31, 2020 and the effective date of
this amendatory Act of the 101st General Assembly) which would
hinder the physical recovery from an injury of an eligible
employee within the one-year period as required under
subsection (b), the eligible employee shall be entitled to an
extension of no longer than 60 days by which he or she shall
continue to be paid by the employing public entity on the same
basis as he or she was paid before the injury. The employing
public entity may require proof of the circumstances hindering
an eligible employee's physical recovery before granting the
extension provided under this subsection (b-5).
(c) At any time during the period for which continuing
compensation is required by this Act, the employing public

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entity may order at the expense of that entity physical or
medical examinations of the injured person to determine the
degree of disability.
(d) During this period of disability, the injured person
shall not be employed in any other manner, with or without
monetary compensation. Any person who is employed in violation
of this paragraph forfeits the continuing compensation
provided by this Act from the time such employment begins. Any
salary compensation due the injured person from workers'
compensation or any salary due the injured person him from any
type of insurance which may be carried by the employing public
entity shall revert to that entity during the time for which
continuing compensation is paid to the injured person him
under this Act. Any person with a disability receiving
compensation under the provisions of this Act shall not be
entitled to any benefits for which the person he would qualify
because of the person's his disability under the provisions of
the Illinois Pension Code.
(e) Any employee of the State of Illinois, as defined in
Section 14-103.05 of the Illinois Pension Code, who becomes
permanently unable to perform the duties of such employment
due to an injury received in the active performance of the
person's his duties as a State employee as a result of a
willful act of violence by another employee of the State of
Illinois, as so defined, committed during such other
employee's course of employment and after January 1, 1988,

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shall be eligible for benefits pursuant to the provisions of
this Section. For purposes of this Section, permanent
disability is defined as a diagnosis or prognosis of an
inability to return to current job duties by a physician
licensed to practice medicine in all of its branches.
(f) The compensation and other benefits provided to
part-time employees covered by this Section shall be
calculated based on the percentage of time the part-time
employee was scheduled to work pursuant to the employee's his
or her status as a part-time employee.
(g) Pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the Illinois Constitution, this Act
specifically denies and limits the exercise by home rule units
of any power which is inconsistent herewith, and all existing
laws and ordinances which are inconsistent herewith are hereby
superseded. This Act does not preempt the concurrent exercise
by home rule units of powers consistent herewith.
This Act does not apply to any home rule unit with a
population of over 1,000,000.
(h) In those cases where the injury to a State employee for
which a benefit is payable under this Act was caused under
circumstances creating a legal liability for damages on the
part of some person other than the State employer, all of the
rights and privileges, including the right to notice of suit
brought against such other person and the right to commence or
join in such suit, as given the employer, together with the

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conditions or obligations imposed under paragraph (b) of
Section 5 of the Workers' Compensation Act, are also given and
granted to the State, to the end that, with respect to State
employees only, the State may be paid or reimbursed for the
amount of benefit paid or to be paid by the State to the
injured employee or the injured employee's his or her personal
representative out of any judgment, settlement, or payment for
such injury obtained by the such injured employee or the
injured employee's his or her personal representative from
such other person by virtue of the injury.
(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20;
101-653, eff. 2-28-21.)
(5 ILCS 345/2)
Sec. 2. Illness disability benefit.
(a) As used in this Section:
"Eligible employee" means any full-time law enforcement
officer or full-time firefighter, including a full-time
paramedic or a firefighter who performs paramedic duties, who
is employed by any unit of local government, including any
home rule unit, and any part-time or full-time county
correctional officer or any other full or part-time employee
of a county sheriff.
"Illness" means any illness, disease, or condition the
presence of which in a community results in the declaration of
a disaster or emergency by a State, county, or municipal

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official.
(b) Whenever an eligible employee suffers an illness in
the line of duty which causes the employee to be unable to
perform the employee's duties, the employee shall continue to
be paid by the employing public entity on the same basis as the
employee was paid before the illness, with no deduction from
the employee's sick leave credits, compensatory time for
overtime accumulations or vacation, or service credits in a
public pension fund during the time the employee is unable to
perform the employee's duties due to the result of the
illness, but not longer than one year in relation to the same
illness.
(c) At any time during the period for which continuing
compensation is required by this Act, the employing public
entity may order at the expense of that entity physical or
medical examinations of the ill person to determine the degree
of disability.
(d) During this period of disability, the ill person shall
not be employed in any other manner, with or without a monetary
compensation. Any person who is employed in violation of this
subsection forfeits the continuing compensation provided by
this Act from the time such employment begins. Any salary
compensation due to the ill person from workers' compensation
or any salary due to the employee from any type of insurance
which may be carried by the employing public entity shall
revert to that entity during the time for which continuing

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compensation is paid to the employee under this Act. Any
person with a disability receiving compensation under the
provisions of this Act shall not be entitled to any benefits
for which the employee would qualify because of the employee's
disability under the provisions of the Illinois Pension Code.
(e) Pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the Illinois Constitution, this Act
specifically denies and limits the exercise by home rule units
of any power which is inconsistent herewith, and all existing
laws and ordinances which are inconsistent herewith are hereby
superseded. This Act does not preempt the concurrent exercise
by home rule units of powers consistent herewith.
This Act does not apply to any home rule unit with a
population of over 1,000,000.
(Source: P.A. 103-63, eff. 1-1-24.)