101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1562

 

Introduced 2/15/2019, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 320/20

    Amends the Public Safety Employee Benefits Act. Provides that the regulation of the provision of benefits for public safety employees is an exclusive power of the State and that units of local government, including home rule units, may not regulate the provision of benefits under the Act. Provides for retroactive application. Effective immediately.


LRB101 08703 JLS 53788 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1562LRB101 08703 JLS 53788 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Safety Employee Benefits Act is
5amended by changing Section 20 as follows:
 
6    (820 ILCS 320/20)
7    Sec. 20. Home rule.
8    (a) The regulation of the provision of benefits to persons
9covered under this Act is an exclusive power and function of
10the State. A unit of local government, including a home rule
11unit, may not regulate the provision of benefits to persons
12covered under this Act. This Act is a denial and limitation of
13home rule powers and functions under subsection (h) of Section
146 of Article VII of the Illinois Constitution. All powers under
15this Act are within the exclusive jurisdiction of the State and
16the courts. A unit of local government, including a home rule
17unit, may not exercise any authority with respect to the
18benefits required under this Act, including, but not limited
19to, the interpretation of this Act and any administrative
20proceedings for the determination of entitlement to benefits
21under this Act. Any remedy for any dispute under this Act shall
22be determined in the circuit court of the county in which the
23employee was employed or in which the catastrophic injury

 

 

SB1562- 2 -LRB101 08703 JLS 53788 b

1occurred and under Part 7 of the Civil Practice Law. An
2employer, including a home rule unit, that employs a full-time
3law enforcement, correctional or correctional probation
4officer, or firefighter must may not provide benefits to
5persons covered under this Act in the a manner required under
6inconsistent with the requirements of this Act. This Act is a
7limitation under subsection (i) of Section 6 of Article VII of
8the Illinois Constitution on the concurrent exercise of powers
9and functions exercised by the State.
10    (b) This amendatory Act of the 101st General Assembly is
11intended to be applied retroactively to November 14, 1997 (the
12effective date of Public Act 90-535).
13(Source: P.A. 90-535, eff. 11-14-97.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.