96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2250


 
Introduced 2/20/2009, by Sen. Michael Noland
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 320/10









    Amends the Public Safety Employee Benefits Act relating to health insurance benefits for a public safety officer or his or her spouse or  dependents when the public safety officer suffers catastrophic injury or is killed in the line of duty.  Provides that health insurance benefits available (rather than payable) from any other source shall reduce
those benefits.  Provides that the injured employee shall notify the employer of new employment and the availability of a group health insurance plan through the new employer.  Provides that the injured employee shall notify the employer of a group health insurance plan available through a spouse's employment.  Provides that the injured employee shall be required to accept an available group health insurance plan available to the employee or spouse, whether through new employment or the spouse's employment.
















LRB096 11249 RLC 21664 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2250

LRB096 11249 RLC 21664 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, on or after the effective
date of this Act 
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suffers a catastrophic injury or is killed in the line of duty

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

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child continues to be dependent for support or the child is a 
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full-time or
part-time student and is dependent for support.  
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The term "health insurance
plan" does not include supplemental 
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benefits that are not part of the basic
group health insurance 
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plan.
If the
injured employee subsequently dies, the employer 
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shall continue to pay the
entire health insurance premium for 
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the surviving spouse until remarried and
for the dependent 
 


 






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children under the conditions established in this Section.

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However:


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

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            (A)  The injured employee shall notify the employer 
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        of new employment and the availability of a group 
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        health insurance plan through the new employer.
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            (B)  The injured employee shall notify the employer 
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        of a group health insurance plan available through a 
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        spouse's employment.
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            (C)    The injured employee shall be required to 
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        accept an available group health insurance plan 
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        available to the employee or spouse, whether through 
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        new employment or the spouse's employment. 

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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 
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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 
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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.)