96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5287


 
Introduced 2/3/2010, by Rep. Joseph M. Lyons
 
SYNOPSIS AS INTRODUCED:
 		





 








820 ILCS 320/10










     Amends the Public Safety Employee Benefits Act.  Provides that the health insurance benefits provided by the Act apply without regard to whether the employee suffered a catastrophic injury or was killed in the line of duty
before, on, or after the effective date of the Act.
  















LRB096 18735 RLC 34120 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 




  






HB5287

LRB096 18735 RLC 34120 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 
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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, 
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correctional or
correctional probation officer, or 
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firefighter, who, without regard to on or after the effective

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date of this Act suffers a catastrophic injury or is killed in 
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the line of duty
shall pay the entire premium of the employer's  
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health insurance plan for the
injured employee, the injured 
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employee's spouse, and for each dependent child
of the injured 
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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 
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of 25 if the
child continues to be dependent for support or the 
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child is a full-time or
part-time student and is dependent for 
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support.  The term "health insurance
plan" does not include 
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supplemental benefits that are not part of the basic
group 
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health insurance plan.
If the
injured employee subsequently 
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dies, the employer shall continue to pay the
entire health 
23
insurance premium for the surviving spouse until remarried and

 


 






HB5287
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LRB096 18735 RLC 34120 b




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for the dependent children under the conditions established in 
2
this Section.
However:


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


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


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

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    (b) In order for the law enforcement, correctional or 
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correctional probation
officer, firefighter, spouse, or 
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dependent children to be eligible for
insurance coverage under 
24
this Act, the injury or death must have occurred as
the result 
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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 
 


 






HB5287
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LRB096 18735 RLC 34120 b




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emergency, an
unlawful act perpetrated by another, or during 
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the investigation of a criminal
act.  Nothing in this Section 
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shall be construed to limit health insurance
coverage or 
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pension benefits for which the officer, firefighter, spouse, or

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dependent children may otherwise be eligible.

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