Rep. John M. Cabello

Filed: 4/18/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1819

2    AMENDMENT NO. ______. Amend House Bill 1819 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Employee Disability Act is amended
5by changing Section 1 as follows:
 
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) For the purposes of this Section, "eligible employee"
9means any part-time or full-time State correctional officer or
10any other full or part-time employee of the Department of
11Corrections, any full or part-time employee of the Prisoner
12Review Board, any full or part-time employee of the Department
13of Human Services working within a penal institution or a State
14mental health or developmental disabilities facility operated
15by the Department of Human Services, and any full-time or
16part-time law enforcement officer or full-time or part-time

 

 

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1firefighter who is employed by the State of Illinois, any unit
2of local government (including any home rule unit), any State
3supported college or university, or any other public entity
4granted the power to employ persons for such purposes by law.
5    (b) Whenever an eligible employee suffers any injury in the
6line of duty which causes him to be unable to perform his
7duties, he shall continue to be paid by the employing public
8entity on the same basis as he was paid before the injury, with
9no deduction from his sick leave credits, compensatory time for
10overtime accumulations or vacation, or service credits in a
11public employee pension fund during the time he is unable to
12perform his duties due to the result of the injury, but not
13longer than one year in relation to the same injury. However,
14no injury to an employee of the Department of Corrections or
15the Prisoner Review Board working within a penal institution or
16an employee of the Department of Human Services working within
17a departmental mental health or developmental disabilities
18facility shall qualify the employee for benefits under this
19Section unless the injury is the direct or indirect result of
20violence by inmates of the penal institution or residents of
21the mental health or developmental disabilities facility.
22    (c) At any time during the period for which continuing
23compensation is required by this Act, the employing public
24entity may order at the expense of that entity physical or
25medical examinations of the injured person to determine the
26degree of disability.

 

 

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1    (d) During this period of disability, the injured person
2shall not be employed in any other manner, with or without
3monetary compensation. Any person who is employed in violation
4of this paragraph forfeits the continuing compensation
5provided by this Act from the time such employment begins. Any
6salary compensation due the injured person from workers'
7compensation or any salary due him from any type of insurance
8which may be carried by the employing public entity shall
9revert to that entity during the time for which continuing
10compensation is paid to him under this Act. Any person with a
11disability receiving compensation under the provisions of this
12Act shall not be entitled to any benefits for which he would
13qualify because of his disability under the provisions of the
14Illinois Pension Code.
15    (e) Any employee of the State of Illinois, as defined in
16Section 14-103.05 of the Illinois Pension Code, who becomes
17permanently unable to perform the duties of such employment due
18to an injury received in the active performance of his duties
19as a State employee as a result of a willful act of violence by
20another employee of the State of Illinois, as so defined,
21committed during such other employee's course of employment and
22after January 1, 1988, shall be eligible for benefits pursuant
23to the provisions of this Section. For purposes of this
24Section, permanent disability is defined as a diagnosis or
25prognosis of an inability to return to current job duties by a
26physician licensed to practice medicine in all of its branches.

 

 

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1    (f) The compensation and other benefits provided to
2part-time employees covered by this Section shall be calculated
3based on the percentage of time the part-time employee was
4scheduled to work pursuant to his or her status as a part-time
5employee.
6    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
7Article VII of the Illinois Constitution, this Act specifically
8denies and limits the exercise by home rule units of any power
9which is inconsistent herewith, and all existing laws and
10ordinances which are inconsistent herewith are hereby
11superseded. This Act does not preempt the concurrent exercise
12by home rule units of powers consistent herewith.
13    This Act does not apply to any home rule unit with a
14population of over 1,000,000.
15    (h) In those cases where the injury to a State employee for
16which a benefit is payable under this Act was caused under
17circumstances creating a legal liability for damages on the
18part of some person other than the State employer, all of the
19rights and privileges, including the right to notice of suit
20brought against such other person and the right to commence or
21join in such suit, as given the employer, together with the
22conditions or obligations imposed under paragraph (b) of
23Section 5 of the Workers' Compensation Act, are also given and
24granted to the State, to the end that, with respect to State
25employees only, the State may be paid or reimbursed for the
26amount of benefit paid or to be paid by the State to the

 

 

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1injured employee or his or her personal representative out of
2any judgment, settlement, or payment for such injury obtained
3by such injured employee or his or her personal representative
4from such other person by virtue of the injury.
5(Source: P.A. 99-143, eff. 7-27-15.)".