Full Text of HB5458 96th General Assembly
HB5458 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5458
Introduced 2/5/2010, by Rep. John E. Bradley 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. When a third party may be liable for the public employee's disability, provides that the State has the same rights it has under the Workers' Compensation Act to pursue payment or reimbursement of benefits it is obligated to pay under the Public Employees Disability Act.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5458 |
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LRB096 18479 JAM 33858 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Employee Disability Act is amended by | 5 |
| changing Section 1 as follows:
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| (5 ILCS 345/1) (from Ch. 70, par. 91)
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| Sec. 1. Disability benefit.
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| (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 law | 16 |
| enforcement officer or
full-time firefighter who is employed by | 17 |
| the State of Illinois, any unit of
local government (including | 18 |
| any home rule unit), any State supported college or
university, | 19 |
| or any other public entity granted the power to employ persons | 20 |
| for
such purposes by law.
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| (b) Whenever an eligible employee suffers any injury in the | 22 |
| line of duty
which causes him to be unable to perform his | 23 |
| duties, he shall continue to be
paid by the employing public |
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HB5458 |
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LRB096 18479 JAM 33858 b |
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| entity on the same basis as he was paid before the
injury, with | 2 |
| no deduction from his sick leave credits, compensatory time for
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| overtime accumulations or vacation, or service credits in a | 4 |
| public employee
pension fund during the time he is unable to | 5 |
| perform his duties due to the
result of the injury, but not | 6 |
| longer than one year in relation to the same
injury. However, | 7 |
| no injury to an employee of the Department
of Corrections or
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| the Prisoner Review Board working within a penal institution or | 9 |
| an employee of
the Department of Human Services working within | 10 |
| a
departmental mental health or developmental disabilities | 11 |
| facility shall
qualify the employee for benefits under this | 12 |
| Section unless the
injury is the
direct or indirect result of | 13 |
| violence by inmates of the penal institution or
residents of | 14 |
| the mental health or developmental
disabilities facility.
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| (c) At any time during the period for which continuing | 16 |
| compensation
is required by this Act, the employing public | 17 |
| entity may order at the
expense of that entity physical or | 18 |
| medical examinations of the injured
person to determine the | 19 |
| degree of disability.
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| (d) During this period of disability, the injured person | 21 |
| shall not
be employed in any other manner, with or without | 22 |
| monetary compensation.
Any person who is employed in violation | 23 |
| of this paragraph forfeits the
continuing compensation | 24 |
| provided by this Act from the time such
employment begins. Any | 25 |
| salary compensation due the injured person from
workers' | 26 |
| compensation or any salary due him from any type of insurance
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| which may be carried by the employing public entity shall | 2 |
| revert to that
entity during the time for which continuing | 3 |
| compensation is paid to him
under this Act. Any disabled person | 4 |
| receiving compensation under the
provisions of this Act shall | 5 |
| not be entitled to any benefits for which
he would qualify | 6 |
| because of his disability under the provisions of the
Illinois | 7 |
| Pension Code.
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| (e) Any employee of the State of Illinois, as defined in | 9 |
| Section 14-103.05
of the Illinois Pension Code, who becomes | 10 |
| permanently unable to perform the
duties of such employment due | 11 |
| to an injury received in the active performance
of his duties | 12 |
| as a State employee as a result of a willful act of violence by
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| another employee of the State of Illinois, as so defined, | 14 |
| committed during such
other employee's course of employment and | 15 |
| after January 1, 1988, shall be
eligible for benefits pursuant | 16 |
| to the provisions of this Section. For purposes
of this | 17 |
| Section, permanently disabled is defined as a diagnosis or | 18 |
| prognosis of
an inability to return to current job duties by a | 19 |
| physician licensed to
practice medicine in all of its branches.
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| (f) The compensation and other benefits provided to | 21 |
| part-time employees
covered by this Section shall be calculated | 22 |
| based on the percentage of time
the part-time employee was | 23 |
| scheduled to work pursuant to his or her status as
a part-time | 24 |
| employee.
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| (g) Pursuant to paragraphs (h) and (i) of Section 6 of | 26 |
| Article VII of
the Illinois Constitution, this Act specifically |
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| denies and limits the exercise
by home rule units of any power | 2 |
| which is inconsistent herewith, and all
existing laws and | 3 |
| ordinances which are inconsistent herewith are hereby
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| superseded. This Act does not preempt the concurrent exercise | 5 |
| by home rule
units of powers consistent herewith.
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| This Act does not apply to any home rule unit with a | 7 |
| population of over
1,000,000.
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| (h) In those cases where the injury for which
a benefit is | 9 |
| payable under this Act was caused
under circumstances creating | 10 |
| a legal liability for damages on the part
of some person other | 11 |
| than the employer, all of the rights
and privileges, including | 12 |
| the right to notice of suit brought against
such other person | 13 |
| and the right to commence or join in such suit, as
given the | 14 |
| employer, together with the conditions or obligations imposed
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| under paragraph (b) of Section 5 of the Workers' Compensation | 16 |
| Act,
are also given and granted to the State, to the end that | 17 |
| the State
may be paid or reimbursed for the amount of
benefit | 18 |
| paid or
to be paid by the
State to the injured employee or his | 19 |
| or her personal representative out of any
judgment, settlement, | 20 |
| or payment
for such injury obtained by such injured employee or | 21 |
| his
or her personal representative from such other person by | 22 |
| virtue of the injury. | 23 |
| (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
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