93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6694


 
Introduced 2/9/2004, by Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 320/10









    Amends provisions of the Public Safety Employee Benefits Act requiring an employer that employs a full-time law enforcement, correctional or
correctional probation officer or firefighter who suffers a catastrophic injury or is killed in the line of duty
to pay the health insurance premium for the
injured employee and  his or her spouse and dependent children. Defines "catastrophic injury" as a permanent grievous or serious injury or impairment of a nature that is sufficient to preclude subsequent employment or re-employment, and excludes from the definition: conditions that are temporary or short-term in nature; common injuries; or injuries the effects of which may be mitigated by work-related rehabilitative or vocational training. Provides that an employer-selected physician's determination as to the seriousness and permanency of an employee's injury may be appealed to the employer's governing body and the final administrative decision
of a governing body is subject to judicial review under the Administrative Review Law.
















LRB093 21009 WGH 47019 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB6694

LRB093 21009 WGH 47019 b






1
    AN ACT concerning employment.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Public Safety Employee Benefits Act is 
5
amended  by changing Section 10 as follows:
 



6
    (820 ILCS 320/10)



7
    Sec. 10. Required health coverage benefits. 

8
    (a) An employer who employs a full-time law enforcement, 
9
correctional or
correctional probation officer, or 
10
firefighter, who, on or after the effective
date of this Act 
11
suffers a catastrophic injury or is killed in the line of duty

12
shall pay the entire premium of the employer's  health insurance 
13
plan for the
injured employee, the injured employee's spouse, 
14
and for each dependent child
of the injured employee until the 
15
child reaches the age of majority or until
the end of the 
16
calendar year in which the child reaches the age of 25 if the

17
child continues to be dependent for support or the child is a 
18
full-time or
part-time student and is dependent for support.  
19
The term "health insurance
plan" does not include supplemental 
20
benefits that are not part of the basic
group health insurance 
21
plan.
If the
injured employee subsequently dies, the employer 
22
shall continue to pay the
entire health insurance premium for 
23
the surviving spouse until remarried and
for the dependent 
24
children under the conditions established in this Section.

25
However:


26
        (1) Health insurance benefits payable from any other 
27
    source shall reduce
benefits payable under this Section.


28
        (2) It is unlawful for a person to willfully and 
29
    knowingly make, or cause
to be made, or to assist, conspire 
30
    with, or urge another to make, or cause to
be made, any 
31
    false, fraudulent, or misleading oral or written statement 
32
    to
obtain health insurance coverage as provided under this 
 


 






HB6694
- 2 -
LRB093 21009 WGH 47019 b




1
    Section.  A violation
of this item is a Class A misdemeanor.


2
        (3) Upon conviction for a violation described in item 
3
    (2), a law
enforcement, correctional or correctional 
4
    probation officer, or other
beneficiary who receives or 
5
    seeks to receive health insurance benefits under
this 
6
    Section shall forfeit the right to receive health insurance 
7
    benefits and
shall reimburse the employer for all benefits 
8
    paid due to the fraud or other
prohibited activity.  For 
9
    purposes of this item, "conviction" means a
determination 
10
    of guilt that is the result of a plea or trial, regardless 
11
    of
whether adjudication is withheld.

12
    (b) In order for the law enforcement, correctional or 
13
correctional probation
officer, firefighter, spouse, or 
14
dependent children to be eligible for
insurance coverage under 
15
this Act, the injury or death must have occurred as
the result 
16
of the officer's response to fresh pursuit, the officer or

17
firefighter's response to what is reasonably believed to be an 
18
emergency, an
unlawful act perpetrated by another, or during 
19
the investigation of a criminal
act.  Nothing in this Section 
20
shall be construed to limit health insurance
coverage or 
21
pension benefits for which the officer, firefighter, spouse, or

22
dependent children may otherwise be eligible.

23
    (c) As used in this Section, "catastrophic injury" means a 
24
permanent grievous or serious injury or impairment of a nature 
25
that is sufficient to preclude subsequent employment or 
26
re-employment and is validated by a licensed physician selected 
27
by the employer.  "Catastrophic injury" does not include: 
28
conditions that are temporary or short-term in nature; common 
29
injuries; or injuries the effects of which may be mitigated by 
30
work-related rehabilitative or vocational training. The 
31
employer-selected physician's determination as to the 
32
seriousness and permanency of an employee's injury may be 
33
appealed to the employer's governing body.  The final 
34
administrative decision
of a governing body is subject to 
35
judicial review under the Administrative Review Law.
36
(Source: P.A. 90-535, eff. 11-14-97.)