96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0549


 
Introduced 2/4/2009, by Rep. Sandra M. Pihos - Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 320/10









    Amends the Public Safety Employee Benefits Act. Defines "catastrophic injury" as a grievous or serious injury or impairment of a nature that is sufficient to permanently preclude the injured employee from performing any gainful work. Provides that an employer may, at its expense, require an employee seeking benefits under the Act to submit to examination by up to 3 licensed physicians. Provides that the determination of whether an employee has suffered a catastrophic injury shall be made by the employer's corporate authorities or a person designated by ordinance, whose determination shall be final and subject to judicial review under the Administrative Review Law. Provides that the employer shall be deemed a necessary party to any case brought under the Administrative Review Law.
















LRB096 05688 WGH 15754 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB0549

LRB096 05688 WGH 15754 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 
 


 






HB0549
- 2 -
LRB096 05688 WGH 15754 b




1
children under the conditions established in this Section.

2
However:


3
        (1) Health insurance benefits payable from any other 
4
    source shall reduce
benefits payable under this Section.


5
        (2) It is unlawful for a person to willfully and 
6
    knowingly make, or cause
to be made, or to assist, conspire 
7
    with, or urge another to make, or cause to
be made, any 
8
    false, fraudulent, or misleading oral or written statement 
9
    to
obtain health insurance coverage as provided under this 
10
    Section.  A violation
of this item is a Class A misdemeanor.


11
        (3) Upon conviction for a violation described in item 
12
    (2), a law
enforcement, correctional or correctional 
13
    probation officer, or other
beneficiary who receives or 
14
    seeks to receive health insurance benefits under
this 
15
    Section shall forfeit the right to receive health insurance 
16
    benefits and
shall reimburse the employer for all benefits 
17
    paid due to the fraud or other
prohibited activity.  For 
18
    purposes of this item, "conviction" means a
determination 
19
    of guilt that is the result of a plea or trial, regardless 
20
    of
whether adjudication is withheld.

21
    As used in this Act, "catastrophic injury" means a grievous 
22
or serious injury or impairment of a nature that is sufficient 
23
to permanently preclude the injured employee from performing 
24
any gainful work. The employer may, at its expense, require an 
25
employee seeking benefits under this Act to submit to 
26
examination by up to 3 licensed physicians. The determination 
 


 






HB0549
- 3 -
LRB096 05688 WGH 15754 b




1
of whether an employee has suffered a catastrophic injury shall 
2
be made by the employer's corporate authorities or such person 
3
or persons as may be designated by ordinance adopted by the 
4
corporate authorities, whose determination shall be final and 
5
subject to judicial review under the Administrative Review Law. 
6
The employer shall be deemed a necessary party to any case 
7
brought under the Administrative Review Law.
8
    (b) In order for the law enforcement, correctional or 
9
correctional probation
officer, firefighter, spouse, or 
10
dependent children to be eligible for
insurance coverage under 
11
this Act, the injury or death must have occurred as
the result 
12
of the officer's response to fresh pursuit, the officer or

13
firefighter's response to what is reasonably believed to be an 
14
emergency, an
unlawful act perpetrated by another, or during 
15
the investigation of a criminal
act.  Nothing in this Section 
16
shall be construed to limit health insurance
coverage or 
17
pension benefits for which the officer, firefighter, spouse, or

18
dependent children may otherwise be eligible.

19
(Source: P.A. 90-535, eff. 11-14-97.)