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Sen. Ram Villivalam
Filed: 3/22/2023
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| 1 | | AMENDMENT TO SENATE BILL 214
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 214 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Public Employee Disability Act is amended |
| 5 | | by adding Section 2 as follows:
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| 6 | | (5 ILCS 345/2 new) |
| 7 | | Sec. 2. Illness disability benefit. |
| 8 | | (a) As used in this Section: |
| 9 | | "Eligible employee" means any full-time law enforcement |
| 10 | | officer or full-time firefighter, including a full-time |
| 11 | | paramedic or a firefighter who performs paramedic duties, who |
| 12 | | is employed by any unit of local government, including any |
| 13 | | home rule unit. |
| 14 | | "Illness" means any illness, disease, or condition the |
| 15 | | presence of which in a community results in the declaration of |
| 16 | | a disaster or emergency by a State, county, or municipal |
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| 1 | | official. |
| 2 | | (b) Whenever an eligible employee suffers an illness in |
| 3 | | the line of duty which causes the employee to be unable to |
| 4 | | perform the employee's duties, the employee shall continue to |
| 5 | | be paid by the employing public entity on the same basis as the |
| 6 | | employee was paid before the illness, with no deduction from |
| 7 | | the employee's sick leave credits, compensatory time for |
| 8 | | overtime accumulations or vacation, or service credits in a |
| 9 | | public pension fund during the time the employee is unable to |
| 10 | | perform the employee's duties due to the result of the |
| 11 | | illness, but not longer than one year in relation to the same |
| 12 | | illness. |
| 13 | | (c) At any time during the period for which continuing |
| 14 | | compensation is required by this Act, the employing public |
| 15 | | entity may order at the expense of that entity physical or |
| 16 | | medical examinations of the ill person to determine the degree |
| 17 | | of disability. |
| 18 | | (d) During this period of disability, the ill person shall |
| 19 | | not be employed in any other manner, with or without a monetary |
| 20 | | compensation. Any person who is employed in violation of this |
| 21 | | subsection forfeits the continuing compensation provided by |
| 22 | | this Act from the time such employment begins. Any salary |
| 23 | | compensation due to the ill person from workers' compensation |
| 24 | | or any salary due to the employee from any type of insurance |
| 25 | | which may be carried by the employing public entity shall |
| 26 | | revert to that entity during the time for which continuing |
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| 1 | | compensation is paid to the employee under this Act. Any |
| 2 | | person with a disability receiving compensation under the |
| 3 | | provisions of this Act shall not be entitled to any benefits |
| 4 | | for which the employee would qualify because of the employee's |
| 5 | | disability under the provisions of the Illinois Pension Code. |
| 6 | | (e) Pursuant to paragraphs (h) and (i) of Section 6 of |
| 7 | | Article VII of the Illinois Constitution, this Act |
| 8 | | specifically denies and limits the exercise by home rule units |
| 9 | | of any power which is inconsistent herewith, and all existing |
| 10 | | laws and ordinances which are inconsistent herewith are hereby |
| 11 | | superseded. This Act does not preempt the concurrent exercise |
| 12 | | by home rule units of powers consistent herewith. |
| 13 | | This Act does not apply to any home rule unit with a |
| 14 | | population of over 1,000,000.".
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