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Public Act 103-0340
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| HB3249 Enrolled | LRB103 25981 SPS 52335 b |
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AN ACT concerning employment.
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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 Safety Employee Benefits Act is |
amended by changing Section 10 as follows:
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(820 ILCS 320/10)
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Sec. 10. Required health coverage benefits.
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(a) An employer who employs a full-time law enforcement, |
correctional or
correctional probation officer, or |
firefighter, who, on or after the effective
date of this Act |
suffers a catastrophic injury or is killed in the line of duty
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shall pay the entire premium of the employer's health |
insurance plan for the
injured employee, the injured |
employee's spouse, and for each dependent child
of the injured |
employee until the child reaches the age of majority or until
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the end of the calendar year in which the child reaches the age |
of 25 if the
child continues to be dependent for support or the |
child is a full-time or
part-time student and is dependent for |
support. An individual whose entire premium is paid in |
accordance with this Section shall be offered by the employer |
the choice of any health insurance plan available to currently |
employed full-time law enforcement, correctional or |
correctional probation officers, or firefighters. For purposes |
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of plans administered under the State Employee Group Insurance |
Act of 1971, changes in coverage may only be elected during |
open enrollment or following a qualifying event. The term |
"health insurance
plan" does not include supplemental benefits |
that are not part of the basic
group health insurance plan.
If |
the
injured employee subsequently dies, the employer shall |
continue to pay the
entire health insurance premium for the |
surviving spouse until remarried and
for the dependent |
children under the conditions established in this Section.
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However:
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(1) Health insurance benefits payable from any other |
source shall reduce
benefits payable under this Section.
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(2) It is unlawful for a person to willfully and |
knowingly make, or cause
to be made, or to assist, |
conspire with, or urge another to make, or cause to
be |
made, any false, fraudulent, or misleading oral or written |
statement to
obtain health insurance coverage as provided |
under this Section. A violation
of this item is a Class A |
misdemeanor.
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(3) Upon conviction for a violation described in item |
(2), a law
enforcement, correctional or correctional |
probation officer, or other
beneficiary who receives or |
seeks to receive health insurance benefits under
this |
Section shall forfeit the right to receive health |
insurance benefits and
shall reimburse the employer for |
all benefits paid due to the fraud or other
prohibited |
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activity. For purposes of this item, "conviction" means a
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determination of guilt that is the result of a plea or |
trial, regardless of
whether adjudication is withheld.
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(b) In order for the law enforcement, correctional or |
correctional probation
officer, firefighter, spouse, or |
dependent children to be eligible for
insurance coverage under |
this Act, the injury or death must have occurred as
the result |
of the officer's response to fresh pursuit, the officer or
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firefighter's response to what is reasonably believed to be an |
emergency, an
unlawful act perpetrated by another, or during |
the investigation of a criminal
act. Nothing in this Section |
shall be construed to limit health insurance
coverage or |
pension benefits for which the officer, firefighter, spouse, |
or
dependent children may otherwise be eligible.
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(Source: P.A. 90-535, eff. 11-14-97.)
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