HB4276 EnrolledLRB101 15557 LNS 64901 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Employee Disability Act is amended by
5changing Section 1 as follows:
 
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) For the purposes of this Section, "eligible employee"
9means any part-time or full-time State correctional officer or
10any other full or part-time employee of the Department of
11Corrections, any full or part-time employee of the Prisoner
12Review Board, any full or part-time employee of the Department
13of Human Services working within a penal institution or a State
14mental health or developmental disabilities facility operated
15by the Department of Human Services, and any full-time law
16enforcement officer or full-time firefighter, including a
17full-time paramedic or a firefighter who performs paramedic
18duties, who is employed by the State of Illinois, any unit of
19local government (including any home rule unit), any State
20supported college or university, or any other public entity
21granted the power to employ persons for such purposes by law.
22    (b) Whenever an eligible employee suffers any injury in the
23line of duty which causes him to be unable to perform his

 

 

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1duties, he shall continue to be paid by the employing public
2entity on the same basis as he was paid before the injury, with
3no deduction from his sick leave credits, compensatory time for
4overtime accumulations or vacation, or service credits in a
5public employee pension fund during the time he is unable to
6perform his duties due to the result of the injury, but not
7longer than one year in relation to the same injury, except as
8otherwise provided under subsection (b-5). However, no injury
9to an employee of the Department of Corrections or the Prisoner
10Review Board working within a penal institution or an employee
11of the Department of Human Services working within a
12departmental mental health or developmental disabilities
13facility shall qualify the employee for benefits under this
14Section unless the injury is the direct or indirect result of
15violence by inmates of the penal institution or residents of
16the mental health or developmental disabilities facility.
17    (b-5) Upon the occurrence of circumstances, directly or
18indirectly attributable to COVID-19, occurring on or after
19March 9, 2020 and on or before June 30, 2021 (including the
20period between December 31, 2020 and the effective date of this
21amendatory Act of the 101st General Assembly) December 31, 2020
22which would hinder the physical recovery from an injury of an
23eligible employee within the one-year period as required under
24subsection (b), the eligible employee shall be entitled to an
25extension of no longer than 60 days by which he or she shall
26continue to be paid by the employing public entity on the same

 

 

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1basis as he or she was paid before the injury. The employing
2public entity may require proof of the circumstances hindering
3an eligible employee's physical recovery before granting the
4extension provided under this subsection (b-5).
5    (c) At any time during the period for which continuing
6compensation is required by this Act, the employing public
7entity may order at the expense of that entity physical or
8medical examinations of the injured person to determine the
9degree of disability.
10    (d) During this period of disability, the injured person
11shall not be employed in any other manner, with or without
12monetary compensation. Any person who is employed in violation
13of this paragraph forfeits the continuing compensation
14provided by this Act from the time such employment begins. Any
15salary compensation due the injured person from workers'
16compensation or any salary due him from any type of insurance
17which may be carried by the employing public entity shall
18revert to that entity during the time for which continuing
19compensation is paid to him under this Act. Any person with a
20disability receiving compensation under the provisions of this
21Act shall not be entitled to any benefits for which he would
22qualify because of his disability under the provisions of the
23Illinois Pension Code.
24    (e) Any employee of the State of Illinois, as defined in
25Section 14-103.05 of the Illinois Pension Code, who becomes
26permanently unable to perform the duties of such employment due

 

 

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1to an injury received in the active performance of his duties
2as a State employee as a result of a willful act of violence by
3another employee of the State of Illinois, as so defined,
4committed during such other employee's course of employment and
5after January 1, 1988, shall be eligible for benefits pursuant
6to the provisions of this Section. For purposes of this
7Section, permanent disability is defined as a diagnosis or
8prognosis of an inability to return to current job duties by a
9physician licensed to practice medicine in all of its branches.
10    (f) The compensation and other benefits provided to
11part-time employees covered by this Section shall be calculated
12based on the percentage of time the part-time employee was
13scheduled to work pursuant to his or her status as a part-time
14employee.
15    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
16Article VII of the Illinois Constitution, this Act specifically
17denies and limits the exercise by home rule units of any power
18which is inconsistent herewith, and all existing laws and
19ordinances which are inconsistent herewith are hereby
20superseded. This Act does not preempt the concurrent exercise
21by home rule units of powers consistent herewith.
22    This Act does not apply to any home rule unit with a
23population of over 1,000,000.
24    (h) In those cases where the injury to a State employee for
25which a benefit is payable under this Act was caused under
26circumstances creating a legal liability for damages on the

 

 

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1part of some person other than the State employer, all of the
2rights and privileges, including the right to notice of suit
3brought against such other person and the right to commence or
4join in such suit, as given the employer, together with the
5conditions or obligations imposed under paragraph (b) of
6Section 5 of the Workers' Compensation Act, are also given and
7granted to the State, to the end that, with respect to State
8employees only, the State may be paid or reimbursed for the
9amount of benefit paid or to be paid by the State to the
10injured employee or his or her personal representative out of
11any judgment, settlement, or payment for such injury obtained
12by such injured employee or his or her personal representative
13from such other person by virtue of the injury.
14(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20.)
 
15    Section 10. The Illinois Pension Code is amended by
16changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
 
17    (40 ILCS 5/5-144)  (from Ch. 108 1/2, par. 5-144)
18    Sec. 5-144. Death from injury in the performance of acts of
19duty; compensation annuity and supplemental annuity.
20    (a) Beginning January 1, 1986, and without regard to
21whether or not the annuity in question began before that date,
22if the annuity for the widow of a policeman whose death, on or
23after January 1, 1940, results from injury incurred in the
24performance of an act or acts of duty, is not equal to the sum

 

 

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1hereinafter stated, "compensation annuity" equal to the
2difference between the annuity and an amount equal to 75% of
3the policeman's salary attached to the position he held by
4certification and appointment as a result of competitive civil
5service examination that would ordinarily have been paid to him
6as though he were in active discharge of his duties shall be
7payable to the widow until the policeman, had he lived, would
8have attained age 63. The total amount of the widow's annuity
9and children's awards payable to the family of such policeman
10shall not exceed the amounts stated in Section 5-152.
11    For the purposes of this Section only, the death of any
12policeman as a result of the exposure to and contraction of
13COVID-19, as evidenced by either (i) a confirmed positive
14laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
15confirmed diagnosis of COVID-19 from a licensed medical
16professional, shall be rebuttably presumed to have been
17contracted while in the performance of an act or acts of duty
18and the policeman shall be rebuttably presumed to have been
19fatally injured while in active service. The presumption shall
20apply to any policeman who was exposed to and contracted
21COVID-19 on or after March 9, 2020 and on or before June 30,
222021 (including the period between December 31, 2020 and the
23effective date of this amendatory Act of the 101st General
24Assembly) December 31, 2020; except that the presumption shall
25not apply if the policeman was on a leave of absence from his
26or her employment or otherwise not required to report for duty

 

 

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1for a period of 14 or more consecutive days immediately prior
2to the date of contraction of COVID-19. For the purposes of
3determining when a policeman contracted COVID-19 under this
4paragraph, the date of contraction is either the date that the
5policeman was diagnosed with COVID-19 or was unable to work due
6to symptoms that were later diagnosed as COVID-19, whichever
7occurred first.
8    The provisions of this Section, as amended by Public Act
984-1104, including the reference to the date upon which the
10deceased policeman would have attained age 63, shall apply to
11all widows of policemen whose death occurs on or after January
121, 1940 due to injury incurred in the performance of an act of
13duty, regardless of whether such death occurred prior to
14September 17, 1969. For those widows of policemen that died
15prior to September 17, 1969, who became eligible for
16compensation annuity by the action of Public Act 84-1104, such
17compensation annuity shall begin and be calculated from January
181, 1986. The provisions of this amendatory Act of 1987 are
19intended to restate and clarify the intent of Public Act
2084-1104, and do not make any substantive change.
21    (b) Upon termination of the compensation annuity,
22"supplemental annuity" shall become payable to the widow, equal
23to the difference between the annuity for the widow and an
24amount equal to 75% of the annual salary (including all salary
25increases and longevity raises) that the policeman would have
26been receiving when he attained age 63 if the policeman had

 

 

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1continued in service at the same rank (whether career service
2or exempt) that he last held in the police department. The
3increase in supplemental annuity resulting from this
4amendatory Act of the 92nd General Assembly applies without
5regard to whether the deceased policeman was in service on or
6after the effective date of this amendatory Act and is payable
7from July 1, 2002 or the date upon which the supplemental
8annuity begins, whichever is later.
9    (c) Neither compensation nor supplemental annuity shall be
10paid unless the death of the policeman was a direct result of
11the injury, or the injury was of such character as to prevent
12him from subsequently resuming service as a policeman; nor
13shall compensation or supplemental annuity be paid unless the
14widow was the wife of the policeman when the injury occurred.
15(Source: P.A. 101-633, eff. 6-5-20.)
 
16    (40 ILCS 5/5-153)  (from Ch. 108 1/2, par. 5-153)
17    Sec. 5-153. Death benefit.
18    (a) Effective January 1, 1962, an ordinary death benefit is
19payable on account of any policeman in service and in receipt
20of salary on or after such date, which benefit is in addition
21to all other annuities and benefits herein provided. This
22benefit is payable upon death of a policeman:
23        (1) occurring in active service while in receipt of
24    salary;
25        (2) on an authorized and approved leave of absence,

 

 

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1    without salary, beginning on or after January 1, 1962, if
2    the death occurs within 60 days from the date the employee
3    was in receipt of salary; or otherwise in the service and
4    not separated by resignation or discharge beginning
5    January 1, 1962 if death occurs before his resignation or
6    discharge from the service;
7        (3) receiving duty disability or ordinary disability
8    benefit;
9        (4) occurring within 60 days from the date of
10    termination of duty disability or ordinary disability
11    benefit payments if re-entry into service had not occurred;
12    or
13        (5) occurring on retirement and while in receipt of an
14    age and service annuity, Tier 2 monthly retirement annuity,
15    or prior service annuity; provided (a) retirement on such
16    annuity occurred on or after January 1, 1962, and (b) such
17    separation from service was effective on or after the
18    policeman's attainment of age 50, and (c) application for
19    such annuity was made within 60 days after separation from
20    service.
21    (b) The ordinary death benefit is payable to such
22beneficiary or beneficiaries as the policeman has nominated by
23written direction duly signed and acknowledged before an
24officer authorized to take acknowledgments, and filed with the
25board. If no such written direction has been filed or if the
26designated beneficiaries do not survive the policeman, payment

 

 

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1of the benefit shall be made to his estate.
2    (c) Until December 31, 1977, if death occurs prior to
3retirement on annuity and before the policeman's attainment of
4age 50, the amount of the benefit payable is $6,000. If death
5occurs prior to retirement, at age 50 or over, the benefit of
6$6,000 shall be reduced $400 for each year (commencing on the
7policeman's attainment of age 50, and thereafter on each
8succeeding birthdate) that the policeman's age, at date of
9death, is more than age 50, but in no event below the amount of
10$2,000. However, if death results from injury incurred in the
11performance of an act or acts of duty, prior to retirement on
12annuity, the amount of the benefit payable is $6,000
13notwithstanding the age attained.
14    Until December 31, 1977, if the policeman's death occurs
15while he is in receipt of an annuity, the benefit is $2,000 if
16retirement was effective upon attainment of age 55 or greater.
17If the policeman retired at age 50 or over and before age 55,
18the benefit of $2,000 shall be reduced $100 for each year or
19fraction of a year that the policeman's age at retirement was
20less than age 55 to a minimum payment of $1,500.
21    After December 31, 1977, and on or before January 1, 1986,
22if death occurs prior to retirement on annuity and before the
23policeman's attainment of age 50, the amount of the benefit
24payable is $7,000. If death occurs prior to retirement, at age
2550 or over, the benefit of $7,000 shall be reduced $400 for
26each year (commencing on the policeman's attainment of age 50,

 

 

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1and thereafter on each succeeding birthdate) that the
2policeman's age, at date of death, is more than age 50, but in
3no event below the amount of $3,000. However, if death results
4from injury incurred in the performance of an act or acts of
5duty, prior to retirement on annuity, the amount of the benefit
6payable is $7,000 notwithstanding the age attained.
7    After December 31, 1977, and on or before January 1, 1986,
8if the policeman's death occurs while he is in receipt of an
9annuity, the benefit is $2,250 if retirement was effective upon
10attainment of age 55 or greater. If the policeman retired at
11age 50 or over and before age 55, the benefit of $2,250 shall
12be reduced $100 for each year or fraction of a year that the
13policeman's age at retirement was less than age 55 to a minimum
14payment of $1,750.
15    After January 1, 1986, if death occurs prior to retirement
16on annuity and before the policeman's attainment of age 50, the
17amount of benefit payable is $12,000. If death occurs prior to
18retirement, at age 50 or over, the benefit of $12,000 shall be
19reduced $400 for each year (commencing on the policeman's
20attainment of age 50, and thereafter on each succeeding
21birthdate) that the policeman's age, at date of death, is more
22than age 50, but in no event below the amount of $6,000.
23However, if death results from injury in the performance of an
24act or acts of duty, prior to retirement on annuity, the amount
25of benefit payable is $12,000 notwithstanding the age attained.
26    After January 1, 1986, if the policeman's death occurs

 

 

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1while he is in receipt of an annuity, the benefit is $6,000.
2    (d) For the purposes of this Section only, the death of any
3policeman as a result of the exposure to and contraction of
4COVID-19, as evidenced by either (i) a confirmed positive
5laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
6confirmed diagnosis of COVID-19 from a licensed medical
7professional, shall be rebuttably presumed to have been
8contracted while in the performance of an act or acts of duty
9and the policeman shall be rebuttably presumed to have been
10fatally injured while in active service. The presumption shall
11apply to any policeman who was exposed to and contracted
12COVID-19 on or after March 9, 2020 and on or before June 30,
132021 (including the period between December 31, 2020 and the
14effective date of this amendatory Act of the 101st General
15Assembly) December 31, 2020; except that the presumption shall
16not apply if the policeman was on a leave of absence from his
17or her employment or otherwise not required to report for duty
18for a period of 14 or more consecutive days immediately prior
19to the date of contraction of COVID-19. For the purposes of
20determining when a policeman contracted COVID-19 under this
21subsection, the date of contraction is either the date that the
22policeman was diagnosed with COVID-19 or was unable to work due
23to symptoms that were later diagnosed as COVID-19, whichever
24occurred first.
25(Source: P.A. 101-633, eff. 6-5-20.)
 

 

 

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1    (40 ILCS 5/6-140)  (from Ch. 108 1/2, par. 6-140)
2    Sec. 6-140. Death in the line of duty.
3    (a) The annuity for the widow of a fireman whose death
4results from the performance of an act or acts of duty shall be
5an amount equal to 50% of the current annual salary attached to
6the classified position to which the fireman was certified at
7the time of his death and 75% thereof after December 31, 1972.
8    Unless the performance of an act or acts of duty results
9directly in the death of the fireman, or prevents him from
10subsequently resuming active service in the fire department,
11the annuity herein provided shall not be paid; nor shall such
12annuities be paid unless the widow was the wife of the fireman
13at the time of the act or acts of duty which resulted in his
14death.
15    For the purposes of this Section only, the death of any
16fireman as a result of the exposure to and contraction of
17COVID-19, as evidenced by either (i) a confirmed positive
18laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
19confirmed diagnosis of COVID-19 from a licensed medical
20professional, shall be rebuttably presumed to have been
21contracted while in the performance of an act or acts of duty
22and the fireman shall be rebuttably presumed to have been
23fatally injured while in active service. The presumption shall
24apply to any fireman who was exposed to and contracted COVID-19
25on or after March 9, 2020 and on or before June 30, 2021
26(including the period between December 31, 2020 and the

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly) December 31, 2020; except that the presumption shall
3not apply if the fireman was on a leave of absence from his or
4her employment or otherwise not required to report for duty for
5a period of 14 or more consecutive days immediately prior to
6the date of contraction of COVID-19. For the purposes of
7determining when a fireman contracted COVID-19 under this
8paragraph, the date of contraction is either the date that the
9fireman was diagnosed with COVID-19 or was unable to work due
10to symptoms that were later diagnosed as COVID-19, whichever
11occurred first.
12    (b) The changes made to this Section by this amendatory Act
13of the 92nd General Assembly apply without regard to whether
14the deceased fireman was in service on or after the effective
15date of this amendatory Act. In the case of a widow receiving
16an annuity under this Section that has been reduced to 40% of
17current salary because the fireman, had he lived, would have
18attained the age prescribed for compulsory retirement, the
19annuity shall be restored to the amount provided in subsection
20(a), with the increase beginning to accrue on the later of
21January 1, 2001 or the day the annuity first became payable.
22(Source: P.A. 101-633, eff. 6-5-20.)
 
23    (40 ILCS 5/6-150)  (from Ch. 108 1/2, par. 6-150)
24    Sec. 6-150. Death benefit.
25    (a) Effective January 1, 1962, an ordinary death benefit

 

 

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1shall be payable on account of any fireman in service and in
2receipt of salary on or after such date, which benefit shall be
3in addition to all other annuities and benefits herein
4provided. This benefit shall be payable upon death of a
5fireman:
6        (1) occurring in active service while in receipt of
7    salary;
8        (2) on an authorized and approved leave of absence,
9    without salary, beginning on or after January 1, 1962, if
10    the death occurs within 60 days from the date the fireman
11    was in receipt of salary;
12        (3) receiving duty, occupational disease, or ordinary
13    disability benefit;
14        (4) occurring within 60 days from the date of
15    termination of duty disability, occupational disease
16    disability or ordinary disability benefit payments if
17    re-entry into service had not occurred; or
18        (5) occurring on retirement and while in receipt of an
19    age and service annuity, prior service annuity, Tier 2
20    monthly retirement annuity, or minimum annuity; provided
21    (a) retirement on such annuity occurred on or after January
22    1, 1962, and (b) such separation from service was effective
23    on or after the fireman's attainment of age 50, and (c)
24    application for such annuity was made within 60 days after
25    separation from service.
26    (b) The ordinary death benefit shall be payable to such

 

 

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1beneficiary or beneficiaries as the fireman has nominated by
2written direction duly signed and acknowledged before an
3officer authorized to take acknowledgments, and filed with the
4board. If no such written direction has been filed or if the
5designated beneficiaries do not survive the fireman, payment of
6the benefit shall be made to his estate.
7    (c) Beginning July 1, 1983, if death occurs prior to
8retirement on annuity and before the fireman's attainment of
9age 50, the amount of the benefit payable shall be $12,000.
10Beginning July 1, 1983, if death occurs prior to retirement, at
11age 50 or over, the benefit of $12,000 shall be reduced $400
12for each year (commencing on the fireman's attainment of age 50
13and thereafter on each succeeding birth date) that the
14fireman's age, at date of death, is more than age 49, but in no
15event below the amount of $6,000.
16    Beginning July 1, 1983, if the fireman's death occurs while
17he is in receipt of an annuity, the benefit shall be $6,000.
18    (d) For the purposes of this Section only, the death of any
19fireman as a result of the exposure to and contraction of
20COVID-19, as evidenced by either (i) a confirmed positive
21laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
22confirmed diagnosis of COVID-19 from a licensed medical
23professional, shall be rebuttably presumed to have been
24contracted while in the performance of an act or acts of duty
25and the fireman shall be rebuttably presumed to have been
26fatally injured while in active service. The presumption shall

 

 

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1apply to any fireman who was exposed to and contracted COVID-19
2on or after March 9, 2020 and on or before June 30, 2021
3(including the period between December 31, 2020 and the
4effective date of this amendatory Act of the 101st General
5Assembly) December 31, 2020; except that the presumption shall
6not apply if the fireman was on a leave of absence from his or
7her employment or otherwise not required to report for duty for
8a period of 14 or more consecutive days immediately prior to
9the date of contraction of COVID-19. For the purposes of
10determining when a fireman contracted COVID-19 under this
11subsection, the date of contraction is either the date that the
12fireman was diagnosed with COVID-19 or was unable to work due
13to symptoms that were later diagnosed as COVID-19, whichever
14occurred first.
15(Source: P.A. 101-633, eff. 6-5-20.)
 
16    Section 15. The Workers' Occupational Diseases Act is
17amended by changing Section 1 as follows:
 
18    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
19    Sec. 1. This Act shall be known and may be cited as the
20"Workers' Occupational Diseases Act".
21    (a) The term "employer" as used in this Act shall be
22construed to be:
23        1. The State and each county, city, town, township,
24    incorporated village, school district, body politic, or

 

 

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1    municipal corporation therein.
2        2. Every person, firm, public or private corporation,
3    including hospitals, public service, eleemosynary,
4    religious or charitable corporations or associations, who
5    has any person in service or under any contract for hire,
6    express or implied, oral or written.
7        3. Where an employer operating under and subject to the
8    provisions of this Act loans an employee to another such
9    employer and such loaned employee sustains a compensable
10    occupational disease in the employment of such borrowing
11    employer and where such borrowing employer does not provide
12    or pay the benefits or payments due such employee, such
13    loaning employer shall be liable to provide or pay all
14    benefits or payments due such employee under this Act and
15    as to such employee the liability of such loaning and
16    borrowing employers shall be joint and several, provided
17    that such loaning employer shall in the absence of
18    agreement to the contrary be entitled to receive from such
19    borrowing employer full reimbursement for all sums paid or
20    incurred pursuant to this paragraph together with
21    reasonable attorneys' fees and expenses in any hearings
22    before the Illinois Workers' Compensation Commission or in
23    any action to secure such reimbursement. Where any benefit
24    is provided or paid by such loaning employer, the employee
25    shall have the duty of rendering reasonable co-operation in
26    any hearings, trials or proceedings in the case, including

 

 

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1    such proceedings for reimbursement.
2        Where an employee files an Application for Adjustment
3    of Claim with the Illinois Workers' Compensation
4    Commission alleging that his or her claim is covered by the
5    provisions of the preceding paragraph, and joining both the
6    alleged loaning and borrowing employers, they and each of
7    them, upon written demand by the employee and within 7 days
8    after receipt of such demand, shall have the duty of filing
9    with the Illinois Workers' Compensation Commission a
10    written admission or denial of the allegation that the
11    claim is covered by the provisions of the preceding
12    paragraph and in default of such filing or if any such
13    denial be ultimately determined not to have been bona fide
14    then the provisions of Paragraph K of Section 19 of this
15    Act shall apply.
16        An employer whose business or enterprise or a
17    substantial part thereof consists of hiring, procuring or
18    furnishing employees to or for other employers operating
19    under and subject to the provisions of this Act for the
20    performance of the work of such other employers and who
21    pays such employees their salary or wage notwithstanding
22    that they are doing the work of such other employers shall
23    be deemed a loaning employer within the meaning and
24    provisions of this Section.
25    (b) The term "employee" as used in this Act, shall be
26construed to mean:

 

 

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1        1. Every person in the service of the State, county,
2    city, town, township, incorporated village or school
3    district, body politic or municipal corporation therein,
4    whether by election, appointment or contract of hire,
5    express or implied, oral or written, including any official
6    of the State, or of any county, city, town, township,
7    incorporated village, school district, body politic or
8    municipal corporation therein and except any duly
9    appointed member of the fire department in any city whose
10    population exceeds 500,000 according to the last Federal or
11    State census, and except any member of a fire insurance
12    patrol maintained by a board of underwriters in this State.
13    One employed by a contractor who has contracted with the
14    State, or a county, city, town, township, incorporated
15    village, school district, body politic or municipal
16    corporation therein, through its representatives, shall
17    not be considered as an employee of the State, county,
18    city, town, township, incorporated village, school
19    district, body politic or municipal corporation which made
20    the contract.
21        2. Every person in the service of another under any
22    contract of hire, express or implied, oral or written, who
23    contracts an occupational disease while working in the
24    State of Illinois, or who contracts an occupational disease
25    while working outside of the State of Illinois but where
26    the contract of hire is made within the State of Illinois,

 

 

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1    and any person whose employment is principally localized
2    within the State of Illinois, regardless of the place where
3    the disease was contracted or place where the contract of
4    hire was made, including aliens, and minors who, for the
5    purpose of this Act, except Section 3 hereof, shall be
6    considered the same and have the same power to contract,
7    receive payments and give quittances therefor, as adult
8    employees. An employee or his or her dependents under this
9    Act who shall have a cause of action by reason of an
10    occupational disease, disablement or death arising out of
11    and in the course of his or her employment may elect or
12    pursue his or her remedy in the State where the disease was
13    contracted, or in the State where the contract of hire is
14    made, or in the State where the employment is principally
15    localized.
16    (c) "Commission" means the Illinois Workers' Compensation
17Commission created by the Workers' Compensation Act, approved
18July 9, 1951, as amended.
19    (d) In this Act the term "Occupational Disease" means a
20disease arising out of and in the course of the employment or
21which has become aggravated and rendered disabling as a result
22of the exposure of the employment. Such aggravation shall arise
23out of a risk peculiar to or increased by the employment and
24not common to the general public.
25    A disease shall be deemed to arise out of the employment if
26there is apparent to the rational mind, upon consideration of

 

 

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1all the circumstances, a causal connection between the
2conditions under which the work is performed and the
3occupational disease. The disease need not to have been
4foreseen or expected but after its contraction it must appear
5to have had its origin or aggravation in a risk connected with
6the employment and to have flowed from that source as a
7rational consequence.
8    An employee shall be conclusively deemed to have been
9exposed to the hazards of an occupational disease when, for any
10length of time however short, he or she is employed in an
11occupation or process in which the hazard of the disease
12exists; provided however, that in a claim of exposure to atomic
13radiation, the fact of such exposure must be verified by the
14records of the central registry of radiation exposure
15maintained by the Department of Public Health or by some other
16recognized governmental agency maintaining records of such
17exposures whenever and to the extent that the records are on
18file with the Department of Public Health or the agency.
19    Any injury to or disease or death of an employee arising
20from the administration of a vaccine, including without
21limitation smallpox vaccine, to prepare for, or as a response
22to, a threatened or potential bioterrorist incident to the
23employee as part of a voluntary inoculation program in
24connection with the person's employment or in connection with
25any governmental program or recommendation for the inoculation
26of workers in the employee's occupation, geographical area, or

 

 

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1other category that includes the employee is deemed to arise
2out of and in the course of the employment for all purposes
3under this Act. This paragraph added by Public Act 93-829 is
4declarative of existing law and is not a new enactment.
5    The employer liable for the compensation in this Act
6provided shall be the employer in whose employment the employee
7was last exposed to the hazard of the occupational disease
8claimed upon regardless of the length of time of such last
9exposure, except, in cases of silicosis or asbestosis, the only
10employer liable shall be the last employer in whose employment
11the employee was last exposed during a period of 60 days or
12more after the effective date of this Act, to the hazard of
13such occupational disease, and, in such cases, an exposure
14during a period of less than 60 days, after the effective date
15of this Act, shall not be deemed a last exposure. If a miner
16who is suffering or suffered from pneumoconiosis was employed
17for 10 years or more in one or more coal mines there shall,
18effective July 1, 1973 be a rebuttable presumption that his or
19her pneumoconiosis arose out of such employment.
20    If a deceased miner was employed for 10 years or more in
21one or more coal mines and died from a respirable disease there
22shall, effective July 1, 1973, be a rebuttable presumption that
23his or her death was due to pneumoconiosis.
24    Any condition or impairment of health of an employee
25employed as a firefighter, emergency medical technician (EMT),
26emergency medical technician-intermediate (EMT-I), advanced

 

 

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1emergency medical technician (A-EMT), or paramedic which
2results directly or indirectly from any bloodborne pathogen,
3lung or respiratory disease or condition, heart or vascular
4disease or condition, hypertension, tuberculosis, or cancer
5resulting in any disability (temporary, permanent, total, or
6partial) to the employee shall be rebuttably presumed to arise
7out of and in the course of the employee's firefighting, EMT,
8EMT-I, A-EMT, or paramedic employment and, further, shall be
9rebuttably presumed to be causally connected to the hazards or
10exposures of the employment. This presumption shall also apply
11to any hernia or hearing loss suffered by an employee employed
12as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
13this presumption shall not apply to any employee who has been
14employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
15less than 5 years at the time he or she files an Application
16for Adjustment of Claim concerning this condition or impairment
17with the Illinois Workers' Compensation Commission. The
18rebuttable presumption established under this subsection,
19however, does not apply to an emergency medical technician
20(EMT), emergency medical technician-intermediate (EMT-I),
21advanced emergency medical technician (A-EMT), or paramedic
22employed by a private employer if the employee spends the
23preponderance of his or her work time for that employer engaged
24in medical transfers between medical care facilities or
25non-emergency medical transfers to or from medical care
26facilities. The changes made to this subsection by this

 

 

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1amendatory Act of the 98th General Assembly shall be narrowly
2construed. The Finding and Decision of the Illinois Workers'
3Compensation Commission under only the rebuttable presumption
4provision of this paragraph shall not be admissible or be
5deemed res judicata in any disability claim under the Illinois
6Pension Code arising out of the same medical condition;
7however, this sentence makes no change to the law set forth in
8Krohe v. City of Bloomington, 204 Ill.2d 392.
9    The insurance carrier liable shall be the carrier whose
10policy was in effect covering the employer liable on the last
11day of the exposure rendering such employer liable in
12accordance with the provisions of this Act.
13    (e) "Disablement" means an impairment or partial
14impairment, temporary or permanent, in the function of the body
15or any of the members of the body, or the event of becoming
16disabled from earning full wages at the work in which the
17employee was engaged when last exposed to the hazards of the
18occupational disease by the employer from whom he or she claims
19compensation, or equal wages in other suitable employment; and
20"disability" means the state of being so incapacitated.
21    (f) No compensation shall be payable for or on account of
22any occupational disease unless disablement, as herein
23defined, occurs within two years after the last day of the last
24exposure to the hazards of the disease, except in cases of
25occupational disease caused by berylliosis or by the inhalation
26of silica dust or asbestos dust and, in such cases, within 3

 

 

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1years after the last day of the last exposure to the hazards of
2such disease and except in the case of occupational disease
3caused by exposure to radiological materials or equipment, and
4in such case, within 25 years after the last day of last
5exposure to the hazards of such disease.
6    (g)(1) In any proceeding before the Commission in which the
7employee is a COVID-19 first responder or front-line worker as
8defined in this subsection, if the employee's injury or
9occupational disease resulted from exposure to and contraction
10of COVID-19, the exposure and contraction shall be rebuttably
11presumed to have arisen out of and in the course of the
12employee's first responder or front-line worker employment and
13the injury or occupational disease shall be rebuttably presumed
14to be causally connected to the hazards or exposures of the
15employee's first responder or front-line worker employment.
16    (2) The term "COVID-19 first responder or front-line
17worker" means: all individuals employed as police, fire
18personnel, emergency medical technicians, or paramedics; all
19individuals employed and considered as first responders; all
20workers for health care providers, including nursing homes and
21rehabilitation facilities and home care workers; corrections
22officers; and any individuals employed by essential businesses
23and operations as defined in Executive Order 2020-10 dated
24March 20, 2020, as long as individuals employed by essential
25businesses and operations are required by their employment to
26encounter members of the general public or to work in

 

 

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1employment locations of more than 15 employees. For purposes of
2this subsection only, an employee's home or place of residence
3is not a place of employment, except for home care workers.
4    (3) The presumption created in this subsection may be
5rebutted by evidence, including, but not limited to, the
6following:
7        (A) the employee was working from his or her home, on
8    leave from his or her employment, or some combination
9    thereof, for a period of 14 or more consecutive days
10    immediately prior to the employee's injury, occupational
11    disease, or period of incapacity resulted from exposure to
12    COVID-19; or
13        (B) the employer was engaging in and applying to the
14    fullest extent possible or enforcing to the best of its
15    ability industry-specific workplace sanitation, social
16    distancing, and health and safety practices based on
17    updated guidance issued by the Centers for Disease Control
18    and Prevention or Illinois Department of Public Health or
19    was using a combination of administrative controls,
20    engineering controls, or personal protective equipment to
21    reduce the transmission of COVID-19 to all employees for at
22    least 14 consecutive days prior to the employee's injury,
23    occupational disease, or period of incapacity resulting
24    from exposure to COVID-19. For purposes of this subsection,
25    "updated" means the guidance in effect at least 14 days
26    prior to the COVID-19 diagnosis. For purposes of this

 

 

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1    subsection, "personal protective equipment" means
2    industry-specific equipment worn to minimize exposure to
3    hazards that cause illnesses or serious injuries, which may
4    result from contact with biological, chemical,
5    radiological, physical, electrical, mechanical, or other
6    workplace hazards. "Personal protective equipment"
7    includes, but is not limited to, items such as face
8    coverings, gloves, safety glasses, safety face shields,
9    barriers, shoes, earplugs or muffs, hard hats,
10    respirators, coveralls, vests, and full body suits; or
11        (C) the employee was exposed to COVID-19 by an
12    alternate source.
13    (4) The rebuttable presumption created in this subsection
14applies to all cases tried after June 5, 2020 (the effective
15date of Public Act 101-633) this amendatory Act of the 101st
16General Assembly and in which the diagnosis of COVID-19 was
17made on or after March 9, 2020 and on or before June 30, 2021
18(including the period between December 31, 2020 and the
19effective date of this amendatory Act of the 101st General
20Assembly) December 31, 2020.
21    (5) Under no circumstances shall any COVID-19 case increase
22or affect any employer's workers' compensation insurance
23experience rating or modification, but COVID-19 costs may be
24included in determining overall State loss costs.
25    (6) In order for the presumption created in this subsection
26to apply at trial, for COVID-19 diagnoses occurring on or

 

 

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1before June 15, 2020, an employee must provide a confirmed
2medical diagnosis by a licensed medical practitioner or a
3positive laboratory test for COVID-19 or for COVID-19
4antibodies; for COVID-19 diagnoses occurring after June 15,
52020, an employee must provide a positive laboratory test for
6COVID-19 or for COVID-19 antibodies.
7    (7) The presumption created in this subsection does not
8apply if the employee's place of employment was solely the
9employee's home or residence for a period of 14 or more
10consecutive days immediately prior to the employee's injury,
11occupational disease, or period of incapacity resulted from
12exposure to COVID-19.
13    (8) The date of injury or the beginning of the employee's
14occupational disease or period of disability is either the date
15that the employee was unable to work due to contraction of
16COVID-19 or was unable to work due to symptoms that were later
17diagnosed as COVID-19, whichever came first.
18    (9) An employee who contracts COVID-19, but fails to
19establish the rebuttable presumption is not precluded from
20filing for compensation under this Act or under the Workers'
21Compensation Act.
22    (10) To qualify for temporary total disability benefits
23under the presumption created in this subsection, the employee
24must be certified for or recertified for temporary disability.
25    (11) An employer is entitled to a credit against any
26liability for temporary total disability due to an employee as

 

 

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1a result of the employee contracting COVID-19 for (A) any sick
2leave benefits or extended salary benefits paid to the employee
3by the employer under Emergency Family Medical Leave Expansion
4Act, Emergency Paid Sick Leave Act of the Families First
5Coronavirus Response Act, or any other federal law, or (B) any
6other credit to which an employer is entitled under the
7Workers' Compensation Act.
8(Source: P.A. 101-633, eff. 6-5-20.)
 
9    Section 90. The State Mandates Act is amended by adding
10Section 8.44 as follows:
 
11    (30 ILCS 805/8.44 new)
12    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
13of this Act, no reimbursement by the State is required for the
14implementation of any mandate created by this amendatory Act of
15the 101st General Assembly.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.