Public Act 096-1430
 
HB5458 EnrolledLRB096 18479 JAM 33858 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Public Employee Disability Act is amended  by 
changing Section 1 as follows:
 



    (5 ILCS 345/1)  (from Ch. 70, par. 91)



    Sec. 1. Disability benefit. 

    (a) For the purposes of this Section, "eligible employee" 
means any
part-time or full-time State correctional officer or 
any other full or
part-time employee of the Department of 
Corrections, any full or part-time
employee of the Prisoner 
Review Board, any full or part-time employee of the
Department 
of Human Services working within a
penal institution or a State 
mental health or developmental
disabilities facility operated 
by the Department of Human Services, and any
full-time law 
enforcement officer or
full-time firefighter who is employed by 
the State of Illinois, any unit of
local government (including 
any home rule unit), any State supported college or
university, 
or any other public entity granted the power to employ persons 
for
such purposes by law.

    (b) Whenever an eligible employee suffers any injury in the 
line of duty
which causes him to be unable to perform his 
duties, he shall continue to be
paid by the employing public 
entity on the same basis as he was paid before the
injury, with 
no deduction from his sick leave credits, compensatory time for

overtime accumulations or vacation, or service credits in a 
public employee
pension fund during the time he is unable to 
perform his duties due to the
result of the injury, but not 
longer than one year in relation to the same
injury.  However, 
no injury to an employee of the Department
of Corrections or

the Prisoner Review Board working within a penal institution or 
an employee of
the Department of Human Services working within 
a
departmental mental health or developmental disabilities 
facility shall
qualify the employee for benefits under this 
Section unless the
injury is the
direct or indirect result of 
violence by inmates of the penal institution or
residents of 
the mental health or developmental
disabilities facility.

    (c) At any time during the period for which continuing 
compensation
is required by this Act, the employing public 
entity may order at the
expense of that entity physical or 
medical examinations of the injured
person to determine the 
degree of disability.

    (d) During this period of disability, the injured person 
shall not
be employed in any other manner, with or without 
monetary compensation.
Any person who is employed in violation 
of this paragraph forfeits the
continuing compensation 
provided by this Act from the time such
employment begins.  Any 
salary compensation due the injured person from
workers' 
compensation or any salary due him from any type of insurance

which may be carried by the employing public entity shall 
revert to that
entity during the time for which continuing 
compensation is paid to him
under this Act.  Any disabled person 
receiving compensation under the
provisions of this Act shall 
not be entitled to any benefits for which
he would qualify 
because of his disability under the provisions of the
Illinois 
Pension Code.

    (e) Any employee of the State of Illinois, as defined in 
Section 14-103.05
of the Illinois Pension Code, who becomes 
permanently unable to perform the
duties of such employment due 
to an injury received in the active performance
of his duties 
as a State employee as a result of a willful act of violence by

another employee of the State of Illinois, as so defined, 
committed during such
other employee's course of employment and 
after January 1, 1988, shall be
eligible for benefits pursuant 
to the provisions of this Section.  For purposes
of this 
Section, permanently disabled is defined as a diagnosis or 
prognosis of
an inability to return to current job duties by a 
physician licensed to
practice medicine in all of its branches.

    (f) The compensation and other benefits provided to 
part-time employees
covered by this Section shall be calculated 
based on the percentage of time
the part-time employee was 
scheduled to work pursuant to his or her status as
a part-time 
employee.

    (g) Pursuant to paragraphs (h) and (i) of Section 6 of 
Article VII of
the Illinois Constitution, this Act specifically 
denies and limits the exercise
by home rule units of any power 
which is inconsistent herewith, and all
existing laws and 
ordinances which are inconsistent herewith are hereby

superseded.  This Act does not preempt the concurrent exercise 
by home rule
units of powers consistent herewith.

    This Act does not apply to any home rule unit with a 
population of over
1,000,000.

    (h) In those cases where the injury to a State employee for 
which
a benefit is payable under this Act  was caused
under 
circumstances creating a legal liability for damages on the 
part
of some person other than the State employer, all of the 
rights
and privileges, including the right to notice of suit 
brought against
such other person and the right to commence or 
join in such suit, as
given the employer, together with the 
conditions or obligations imposed
under paragraph (b) of 
Section 5 of the Workers' Compensation Act,
are also given and 
granted to the State, to the end that, with respect to State 
employees only, the State
may be paid or reimbursed for the 
amount of
benefit paid  or
to be paid by the
State to the 
injured employee or his or her personal representative out of 
any
judgment, settlement, or payment
for such injury obtained 
by such injured employee or his
or her personal representative 
from such other person by virtue of the injury. 
(Source: P.A. 88-45; 89-507, eff. 7-1-97.)