SB3990 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3990

 

Introduced 5/19/2020, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 345/1  from Ch. 70, par. 91

    Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances which would hinder the physical recovery from an injury of an eligible employee within the one-year period as required under the Act, 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. Provides that the employing public entity may require proof of the circumstances hindering an eligible employee's physical recovery before granting the extension. Makes conforming changes. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Employee Disability Act is amended by
5changing 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 law
16enforcement officer or full-time firefighter, including a
17full-time paramedic or a firefighter who performs paramedic
18duties, who is employed by the State of Illinois, any unit of
19local government (including any home rule unit), any State
20supported college or university, or any other public entity
21granted the power to employ persons for such purposes by law.
22    (b) Whenever an eligible employee suffers any injury in the
23line of duty which causes him to be unable to perform his

 

 

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1duties, he shall continue to be paid by the employing public
2entity on the same basis as he was paid before the injury, with
3no deduction from his sick leave credits, compensatory time for
4overtime accumulations or vacation, or service credits in a
5public employee pension fund during the time he is unable to
6perform his duties due to the result of the injury, but not
7longer than one year in relation to the same injury, except as
8otherwise provided under subsection (b-5). However, no injury
9to an employee of the Department of Corrections or the Prisoner
10Review Board working within a penal institution or an employee
11of the Department of Human Services working within a
12departmental mental health or developmental disabilities
13facility shall qualify the employee for benefits under this
14Section unless the injury is the direct or indirect result of
15violence by inmates of the penal institution or residents of
16the mental health or developmental disabilities facility.
17    (b-5) Upon the occurrence of circumstances which would
18hinder the physical recovery from an injury of an eligible
19employee within the one-year period as required under
20subsection (b), the eligible employee shall be entitled to an
21extension of no longer than 60 days by which he or she shall
22continue to be paid by the employing public entity on the same
23basis as he or she was paid before the injury. The employing
24public entity may require proof of the circumstances hindering
25an eligible employee's physical recovery before granting the
26extension provided under this subsection (b-5).

 

 

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

 

 

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1after January 1, 1988, shall be eligible for benefits pursuant
2to the provisions of this Section. For purposes of this
3Section, permanent disability is defined as a diagnosis or
4prognosis of an inability to return to current job duties by a
5physician licensed to practice medicine in all of its branches.
6    (f) The compensation and other benefits provided to
7part-time employees covered by this Section shall be calculated
8based on the percentage of time the part-time employee was
9scheduled to work pursuant to his or her status as a part-time
10employee.
11    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
12Article VII of the Illinois Constitution, this Act specifically
13denies and limits the exercise by home rule units of any power
14which is inconsistent herewith, and all existing laws and
15ordinances which are inconsistent herewith are hereby
16superseded. This Act does not preempt the concurrent exercise
17by home rule units of powers consistent herewith.
18    This Act does not apply to any home rule unit with a
19population of over 1,000,000.
20    (h) In those cases where the injury to a State employee for
21which a benefit is payable under this Act was caused under
22circumstances creating a legal liability for damages on the
23part of some person other than the State employer, all of the
24rights and privileges, including the right to notice of suit
25brought against such other person and the right to commence or
26join in such suit, as given the employer, together with the

 

 

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1conditions or obligations imposed under paragraph (b) of
2Section 5 of the Workers' Compensation Act, are also given and
3granted to the State, to the end that, with respect to State
4employees only, the State may be paid or reimbursed for the
5amount of benefit paid or to be paid by the State to the
6injured employee or his or her personal representative out of
7any judgment, settlement, or payment for such injury obtained
8by such injured employee or his or her personal representative
9from such other person by virtue of the injury.
10(Source: P.A. 99-143, eff. 7-27-15; 100-1143, eff. 1-1-19.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.