Illinois General Assembly - Full Text of HB1208
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Full Text of HB1208  102nd General Assembly

HB1208enr 102ND GENERAL ASSEMBLY



 


 
HB1208 EnrolledLRB102 03224 KTG 13237 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Sections 4a-2, 4a-4, 4a-5, 4a-6.1, 4a-7, 13, and 14
6as follows:
 
7    (820 ILCS 305/4a-2)  (from Ch. 48, par. 138.4a-2)
8    Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
9    (a) "Board" means the Self-Insurers Advisory Board created
10by Section 4a-1.
11    (b) "Chairman" means the Chairman of the Illinois Workers'
12Compensation Commission.
13    (c) "Private self-insurer" means a private employer that
14has been authorized to self-insure its payment of workers'
15compensation benefits pursuant to subsection (a) of Section 4
16of this Act or to self-insure its payment of occupational
17disease benefits pursuant to subsection (a) of Section 4 of
18the Workers' Occupational Diseases Act but does not include
19group self-insured employers under Section 4a of this Act or
20Section 4a of the Workers' Occupational Diseases Act or the
21State of Illinois, any political subdivision of the State,
22unit of local government or school district, or any other
23public authorities or quasi-governmental bodies including any

 

 

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1subunits of the foregoing entities.
2    (d) "Insolvent self-insurer" means a private self-insurer
3financially unable to pay compensation due under this Act,
4which (i) has filed either prior to or after the effective date
5of this Section or (ii) is the subject party in any proceeding
6under the Federal Bankruptcy Reform Act of 1978, or is the
7subject party in any proceeding in which a receiver,
8custodian, liquidator, rehabilitator, sequestrator, trustee or
9similar officer has been appointed by any Court to act in lieu
10of or on behalf of that self-insurer.
11    (e) "Fund" means the Self-Insurers Security Fund
12established by Section 4a-5.
13    (f) "Trustee" means a member of the Self-Insurers Advisory
14Board.
15    (g) (Blank). "Self-Insurers Administration Fund" means the
16Fund established by Section 4a-6.1.
17    (h) "Application fee" means the application fee provided
18for in Section 4a-4.
19(Source: P.A. 93-721, eff. 1-1-05.)
 
20    (820 ILCS 305/4a-4)  (from Ch. 48, par. 138.4a-4)
21    Sec. 4a-4. The Self-Insurers Advisory Board shall possess
22all powers necessary and convenient to accomplish the objects
23prescribed by this Act, including but not limited to the
24following:
25    (a) The Board shall make such bylaws, rules, regulations

 

 

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1and resolutions as are necessary to carry out its
2responsibilities. The Board may carry out its responsibilities
3directly or by contract or other instrument, and may purchase
4such services and collect and borrow such funds as it deems
5necessary to effectuate its activities and protect the members
6of the Board and its employees. The Board shall appoint,
7retain and employ such persons as it deems necessary to
8achieve the purposes of the Board. The Chairman shall be the
9chief administrative officer of the Board, and he or she shall
10have general supervisory authority over all employees of the
11Board. Designated employees shall be subject to the Illinois
12Personnel Code. All expenses incurred pursuant to this
13provision shall be paid from the Self-Insurers Security
14Administration Fund. Each private self-insurer applying for
15self-insurance and for renewal of the self-insurance privilege
16shall pay with its application a non-refundable application
17fee in the amount of $500, which shall be deposited upon
18receipt by the Commission into the Self-Insurers Security
19Administration Fund and used only for the purposes set forth
20in Sections 4a-1 through 4a-9 this Section. An application fee
21shall be required of each corporation and each and every
22corporate subsidiary.
23    (b) The Board shall meet no less than quarterly and shall
24meet at other times upon the call of the Chairman, issued to
25the Trustees in writing no less than 48 hours prior to the day
26and hour of the meeting, or upon a request for a meeting

 

 

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1presented in writing to the Chairman no less than 72 hours
2prior to the proposed day and hour of the meeting and signed by
3at least a majority of the Trustees, whereupon the Chairman
4shall provide notice issued in writing to the Trustees no less
5than 48 hours prior to the meeting and shall convene the
6meeting at the time and place stated in the request.
7    (c) Four Trustees shall constitute a quorum to transact
8business at any meeting, and the affirmative vote of four
9Trustees shall be necessary for any action taken by the Board.
10No vacancy shall otherwise impair the rights of the remaining
11Trustees to exercise all of the powers of the Board.
12    (d) The Board shall serve without compensation, but each
13member shall be entitled to be reimbursed for necessary and
14actual expenses incurred in the discharge of his official
15duties.
16    (e) The Board shall have the right to sue and be sued in
17the name of the Commission.
18(Source: P.A. 85-1385.)
 
19    (820 ILCS 305/4a-5)  (from Ch. 48, par. 138.4a-5)
20    Sec. 4a-5. There is hereby created a Self-Insurers
21Security Fund. The State Treasurer shall be the ex officio
22custodian of the Self-Insurers Security Fund. Moneys in the
23Fund shall be deposited in a separate account in the same
24manner as are State Funds and any interest accruing thereon
25shall be added thereto every 6 months. It shall be subject to

 

 

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1audit the same as State funds and accounts and shall be
2protected by the general bond given by the State Treasurer.
3The funds in the Self-Insurers Security Fund shall not be
4subject to appropriation and shall be made available for the
5purposes of compensating employees who are eligible to receive
6benefits from their employers pursuant to the provisions of
7the Workers' Compensation Act or Workers' Occupational
8Diseases Act, when, pursuant to this Section, the Board has
9determined that a private self-insurer has become an insolvent
10self-insurer and is unable to pay compensation benefits due to
11financial insolvency. Moneys in the Fund may be used to
12compensate any type of injury or occupational disease which is
13compensable under either Act, and all claims for related
14administrative fees, operating costs of the Board, attorney's
15fees, and other costs reasonably incurred by the Board. Moneys
16At the discretion of the Chairman, moneys in the Self-Insurers
17Security Fund may also be used for paying the salaries and
18benefits of the Self-Insurers Advisory Board employees and the
19operating costs of the Board. Payment from the Self-Insurers
20Security Fund shall be made by the Comptroller only upon the
21authorization of the Chairman as evidenced by properly
22certified vouchers of the Commission, upon the direction of
23the Board.
24(Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
25    (820 ILCS 305/4a-6.1)  (from Ch. 48, par. 138.4a-6.1)

 

 

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1    Sec. 4a-6.1. There is hereby created a Self-Insurers
2Administration Fund. The State Treasurer shall be the
3ex-officio custodian of the Self-Insurers Administration Fund.
4Monies in the Self-Insurers Administration Fund shall be
5deposited in a separate account in the same manner as are State
6Funds, and any interest accruing thereon shall be added
7thereto every 6 months. It shall be subject to audit the same
8as State funds and accounts and shall be protected by the
9general bond given by the State Treasurer. The funds in the
10Self-Insurers Administration Fund shall not be subject to
11appropriation and shall be made available only for paying the
12salaries and benefits of the Self-Insurers Advisory Board
13employees and the operating costs of the Board. Payment from
14the Self-Insurers Administration Fund shall be made by the
15Comptroller only upon the authorization of the Chairman as
16evidenced by properly certified vouchers of the Commission.
17Notwithstanding any other provision of law, in addition to any
18other transfers that may be provided by law, on the effective
19date of this amendatory Act of the 102nd General Assembly, or
20as soon thereafter as practical, the State Comptroller shall
21direct and the State Treasurer shall transfer the remaining
22balance from the Self-Insurers Administration Fund into the
23Self-Insurers Security Fund. Upon completion of the transfers,
24the Self-Insurers Administration Fund is dissolved, and any
25future deposits due to the Self-Insurers Administration Fund
26and any outstanding obligations or liabilities of the

 

 

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1Self-Insurers Administration Fund pass to the Self-Insurers
2Security Fund.
3(Source: P.A. 85-1385.)
 
4    (820 ILCS 305/4a-7)  (from Ch. 48, par. 138.4a-7)
5    Sec. 4a-7. (a) The Commission may upon direction of the
6Board from time to time assess each of the private
7self-insurers a pro rata share of the funding reasonably
8necessary to carry out its activities under Sections 4a-1
9through 4a-9 this Section. The prorations shall be made on the
10basis of each self-insured's most recent payment into the rate
11adjustment fund under Section 7(f) of this Act. In no event
12shall a private self-insurer be assessed at one time in excess
13of .6% of the compensation paid by that private self-insurer
14during the previous calendar year for claims incurred as a
15self-insurer. Total assessments against it in any calendar
16year shall not exceed 1.2% of the compensation it has paid
17during the previous calendar year as a self-insurer for claims
18incurred. Funds obtained by such assessments shall be used
19only for the purposes set forth in Sections 4a-1 through 4a-9
20this Section, and shall be deposited upon receipt by the
21Commission into the Self-Insurers Security Fund. If payment of
22any assessment made under this subsection is not made within
2330 days of the sending of the notice to the private
24self-insurer, the Commission at the direction of the Board
25shall proceed in circuit court for judgment against that

 

 

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1private self-insurer which judgment shall include the amount
2of the assessment, the costs of suit, interest and reasonable
3attorneys' fees.
4    (b) A private self-insurer which ceases to be a
5self-insurer shall be liable for any and all assessments made
6pursuant to this Section during the period following the date
7its certificate of authority to self-insure is withdrawn,
8revoked or surrendered until such time as it has discharged
9all obligations to pay compensation which arose during the
10period of time said former self-insurer was self-insured.
11Assessments of such a former private self-insurer shall be
12based on the compensation paid by the former private
13self-insurer during the preceding calendar year on claims that
14arose during the period of time said former private
15self-insurer was self-insured.
16    (c) The Board on behalf of the Commission shall annually
17contract for an independent certified audit of the financial
18activities of the Fund, and an annual report as of June 30
19shall be submitted promptly by the Board to the Chairman of the
20Illinois Workers' Compensation Commission and to each Trustee.
21Written reports of all activities shall be submitted to the
22Commission by the Board on a monthly basis.
23    (d) If there are monies remaining in the Fund after all
24outstanding obligations of all insolvent self-insurers have
25been satisfied and the costs of administration and defense
26have been paid, such amounts shall be returned by the

 

 

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1Commission from the Fund as directed by the Board to the then
2private self-insurers in that proportion which each said
3private self-insurer has contributed to the Fund one year
4thereafter, provided no outstanding liabilities remain against
5the Fund.
6    (e) Each private self-insurer shall be subject to the
7direction of the Commission as provided in Sections 4a-1
8through 4a-9 this Section as a condition of obtaining and
9maintaining its certificate of authority to self-insure.
10(Source: P.A. 93-721, eff. 1-1-05.)
 
11    (820 ILCS 305/13)  (from Ch. 48, par. 138.13)
12    Sec. 13. There is created an Illinois Workers'
13Compensation Commission consisting of 10 members to be
14appointed by the Governor, by and with the consent of the
15Senate, 3 of whom shall be representative citizens of the
16employing class operating under this Act and 3 of whom shall be
17from a labor organization recognized under the National Labor
18Relations Act or an attorney who has represented labor
19organizations or has represented employees in workers'
20compensation cases, and 4 of whom shall be representative
21citizens not identified with either the employing or employee
22classes. Not more than 6 members of the Commission shall be of
23the same political party. Each Commissioner appointed on or
24after the effective date of this amendatory Act of the 102nd
25General Assembly must be authorized to practice law in this

 

 

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1State by the Illinois Supreme Court and must maintain this
2authorization throughout his or her term of employment.
3    One of the members not identified with either the
4employing or employee classes shall be designated by the
5Governor as Chairman. The Chairman shall be the chief
6administrative and executive officer of the Commission; and he
7or she shall have general supervisory authority over all
8personnel of the Commission, including arbitrators and
9Commissioners, and the final authority in all administrative
10matters relating to the Commissioners, including but not
11limited to the assignment and distribution of cases and
12assignment of Commissioners to the panels, except in the
13promulgation of procedural rules and orders under Section 16
14and in the determination of cases under this Act.
15    Notwithstanding the general supervisory authority of the
16Chairman, each Commissioner, except those assigned to the
17temporary panel, shall have the authority to hire and
18supervise 2 staff attorneys each. Such staff attorneys shall
19report directly to the individual Commissioner.
20    A formal training program for newly-appointed
21Commissioners shall be implemented. The training program shall
22include the following:
23        (a) substantive and procedural aspects of the office
24    of Commissioner;
25        (b) current issues in workers' compensation law and
26    practice;

 

 

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1        (c) medical lectures by specialists in areas such as
2    orthopedics, ophthalmology, psychiatry, rehabilitation
3    counseling;
4        (d) orientation to each operational unit of the
5    Illinois Workers' Compensation Commission;
6        (e) observation of experienced arbitrators and
7    Commissioners conducting hearings of cases, combined with
8    the opportunity to discuss evidence presented and rulings
9    made;
10        (f) the use of hypothetical cases requiring the
11    newly-appointed Commissioner to issue judgments as a means
12    to evaluating knowledge and writing ability;
13        (g) writing skills;
14        (h) professional and ethical standards pursuant to
15    Section 1.1 of this Act;
16        (i) detection of workers' compensation fraud and
17    reporting obligations of Commission employees and
18    appointees;
19        (j) standards of evidence-based medical treatment and
20    best practices for measuring and improving quality and
21    health care outcomes in the workers' compensation system,
22    including but not limited to the use of the American
23    Medical Association's "Guides to the Evaluation of
24    Permanent Impairment" and the practice of utilization
25    review; and
26        (k) substantive and procedural aspects of coal

 

 

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1    workers' pneumoconiosis (black lung) cases.
2    A formal and ongoing professional development program
3including, but not limited to, the above-noted areas shall be
4implemented to keep Commissioners informed of recent
5developments and issues and to assist them in maintaining and
6enhancing their professional competence. Each Commissioner
7shall complete 20 hours of training in the above-noted areas
8during every 2 years such Commissioner shall remain in office.
9    The Commissioner candidates, other than the Chairman, must
10meet one of the following qualifications: (a) licensed to
11practice law in the State of Illinois; or (b) served as an
12arbitrator at the Illinois Workers' Compensation Commission
13for at least 3 years; or (c) has at least 4 years of
14professional labor relations experience. The Chairman
15candidate must have public or private sector management and
16budget experience, as determined by the Governor.
17    Each Commissioner shall devote full time to his duties and
18any Commissioner who is an attorney-at-law shall not engage in
19the practice of law, nor shall any Commissioner hold any other
20office or position of profit under the United States or this
21State or any municipal corporation or political subdivision of
22this State, nor engage in any other business, employment, or
23vocation.
24    The term of office of each member of the Commission
25holding office on the effective date of this amendatory Act of
261989 is abolished, but the incumbents shall continue to

 

 

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1exercise all of the powers and be subject to all of the duties
2of Commissioners until their respective successors are
3appointed and qualified.
4    The Illinois Workers' Compensation Commission shall
5administer this Act.
6    In the promulgation of procedural rules, the determination
7of cases heard en banc, and other matters determined by the
8full Commission, the Chairman's vote shall break a tie in the
9event of a tie vote.
10    The members shall be appointed by the Governor, with the
11advice and consent of the Senate, as follows:
12        (a) After the effective date of this amendatory Act of
13    1989, 3 members, at least one of each political party, and
14    one of whom shall be a representative citizen of the
15    employing class operating under this Act, one of whom
16    shall be a representative citizen of the class of
17    employees covered under this Act, and one of whom shall be
18    a representative citizen not identified with either the
19    employing or employee classes, shall be appointed to hold
20    office until the third Monday in January of 1993, and
21    until their successors are appointed and qualified, and 4
22    members, one of whom shall be a representative citizen of
23    the employing class operating under this Act, one of whom
24    shall be a representative citizen of the class of
25    employees covered in this Act, and two of whom shall be
26    representative citizens not identified with either the

 

 

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1    employing or employee classes, one of whom shall be
2    designated by the Governor as Chairman (at least one of
3    each of the two major political parties) shall be
4    appointed to hold office until the third Monday of January
5    in 1991, and until their successors are appointed and
6    qualified.
7        (a-5) Notwithstanding any other provision of this
8    Section, the term of each member of the Commission who was
9    appointed by the Governor and is in office on June 30, 2003
10    shall terminate at the close of business on that date or
11    when all of the successor members to be appointed pursuant
12    to this amendatory Act of the 93rd General Assembly have
13    been appointed by the Governor, whichever occurs later. As
14    soon as possible, the Governor shall appoint persons to
15    fill the vacancies created by this amendatory Act. Of the
16    initial commissioners appointed pursuant to this
17    amendatory Act of the 93rd General Assembly, 3 shall be
18    appointed for terms ending on the third Monday in January,
19    2005, and 4 shall be appointed for terms ending on the
20    third Monday in January, 2007.
21        (a-10) After the effective date of this amendatory Act
22    of the 94th General Assembly, the Commission shall be
23    increased to 10 members. As soon as possible after the
24    effective date of this amendatory Act of the 94th General
25    Assembly, the Governor shall appoint, by and with the
26    consent of the Senate, the 3 members added to the

 

 

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1    Commission under this amendatory Act of the 94th General
2    Assembly, one of whom shall be a representative citizen of
3    the employing class operating under this Act, one of whom
4    shall be a representative of the class of employees
5    covered under this Act, and one of whom shall be a
6    representative citizen not identified with either the
7    employing or employee classes. Of the members appointed
8    under this amendatory Act of the 94th General Assembly,
9    one shall be appointed for a term ending on the third
10    Monday in January, 2007, and 2 shall be appointed for
11    terms ending on the third Monday in January, 2009, and
12    until their successors are appointed and qualified.
13        (b) Members shall thereafter be appointed to hold
14    office for terms of 4 years from the third Monday in
15    January of the year of their appointment, and until their
16    successors are appointed and qualified. All such
17    appointments shall be made so that the composition of the
18    Commission is in accordance with the provisions of the
19    first paragraph of this Section.
20    Each Commissioner shall receive an annual salary equal to
2170% of that of a Circuit Court Judge in the Judicial Circuit
22constituted by the First Judicial District under the Salaries
23Act; the Chairman shall receive an annual salary of 5% more
24than the other Commissioners.
25    In case of a vacancy in the office of a Commissioner during
26the recess of the Senate, the Governor shall make a temporary

 

 

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1appointment until the next meeting of the Senate, when he
2shall nominate some person to fill such office. Any person so
3nominated who is confirmed by the Senate shall hold office
4during the remainder of the term and until his successor is
5appointed and qualified.
6    The Illinois Workers' Compensation Commission created by
7this amendatory Act of 1989 shall succeed to all the rights,
8powers, duties, obligations, records and other property and
9employees of the Industrial Commission which it replaces as
10modified by this amendatory Act of 1989 and all applications
11and reports to actions and proceedings of such prior
12Industrial Commission shall be considered as applications and
13reports to actions and proceedings of the Illinois Workers'
14Compensation Commission created by this amendatory Act of
151989.
16    Notwithstanding any other provision of this Act, in the
17event the Chairman shall make a finding that a member is or
18will be unavailable to fulfill the responsibilities of his or
19her office, the Chairman shall advise the Governor and the
20member in writing and shall designate a certified arbitrator
21to serve as acting Commissioner. The certified arbitrator
22shall act as a Commissioner until the member resumes the
23duties of his or her office or until a new member is appointed
24by the Governor, by and with the consent of the Senate, if a
25vacancy occurs in the office of the Commissioner, but in no
26event shall a certified arbitrator serve in the capacity of

 

 

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1Commissioner for more than 6 months from the date of
2appointment by the Chairman. A finding by the Chairman that a
3member is or will be unavailable to fulfill the
4responsibilities of his or her office shall be based upon
5notice to the Chairman by a member that he or she will be
6unavailable or facts and circumstances made known to the
7Chairman which lead him to reasonably find that a member is
8unavailable to fulfill the responsibilities of his or her
9office. The designation of a certified arbitrator to act as a
10Commissioner shall be considered representative of citizens
11not identified with either the employing or employee classes
12and the arbitrator shall serve regardless of his or her
13political affiliation. A certified arbitrator who serves as an
14acting Commissioner shall have all the rights and powers of a
15Commissioner, including salary.
16    Notwithstanding any other provision of this Act, the
17Governor shall appoint a special panel of Commissioners
18comprised of 3 members who shall be chosen by the Governor, by
19and with the consent of the Senate, from among the current
20ranks of certified arbitrators. Three members shall hold
21office until the Commission in consultation with the Governor
22determines that the caseload on review has been reduced
23sufficiently to allow cases to proceed in a timely manner or
24for a term of 18 months from the effective date of their
25appointment by the Governor, whichever shall be earlier. The 3
26members shall be considered representative of citizens not

 

 

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1identified with either the employing or employee classes and
2shall serve regardless of political affiliation. Each of the 3
3members shall have only such rights and powers of a
4Commissioner necessary to dispose of those cases assigned to
5the special panel. Each of the 3 members appointed to the
6special panel shall receive the same salary as other
7Commissioners for the duration of the panel.
8    The Commission may have an Executive Director; if so, the
9Executive Director shall be appointed by the Governor with the
10advice and consent of the Senate. The salary and duties of the
11Executive Director shall be fixed by the Commission.
12    On the effective date of this amendatory Act of the 93rd
13General Assembly, the name of the Industrial Commission is
14changed to the Illinois Workers' Compensation Commission.
15References in any law, appropriation, rule, form, or other
16document: (i) to the Industrial Commission are deemed, in
17appropriate contexts, to be references to the Illinois
18Workers' Compensation Commission for all purposes; (ii) to the
19Industrial Commission Operations Fund are deemed, in
20appropriate contexts, to be references to the Illinois
21Workers' Compensation Commission Operations Fund for all
22purposes; (iii) to the Industrial Commission Operations Fund
23Fee are deemed, in appropriate contexts, to be references to
24the Illinois Workers' Compensation Commission Operations Fund
25Fee for all purposes; and (iv) to the Industrial Commission
26Operations Fund Surcharge are deemed, in appropriate contexts,

 

 

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1to be references to the Illinois Workers' Compensation
2Commission Operations Fund Surcharge for all purposes.
3(Source: P.A. 101-384, eff. 1-1-20; 102-16, eff. 6-17-21.)
 
4    (820 ILCS 305/14)  (from Ch. 48, par. 138.14)
5    Sec. 14. The Commission shall appoint a secretary and , an
6assistant secretary, and arbitrators and shall employ such
7assistants and clerical help as may be necessary. Arbitrators
8shall be appointed pursuant to this Section, notwithstanding
9any provision of the Personnel Code.
10    Each arbitrator appointed after June 28, 2011 shall be
11required to demonstrate in writing his or her knowledge of and
12expertise in the law of and judicial processes of the Workers'
13Compensation Act and the Workers' Occupational Diseases Act.
14    A formal training program for newly-hired arbitrators
15shall be implemented. The training program shall include the
16following:
17        (a) substantive and procedural aspects of the
18    arbitrator position;
19        (b) current issues in workers' compensation law and
20    practice;
21        (c) medical lectures by specialists in areas such as
22    orthopedics, ophthalmology, psychiatry, rehabilitation
23    counseling;
24        (d) orientation to each operational unit of the
25    Illinois Workers' Compensation Commission;

 

 

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1        (e) observation of experienced arbitrators conducting
2    hearings of cases, combined with the opportunity to
3    discuss evidence presented and rulings made;
4        (f) the use of hypothetical cases requiring the
5    trainee to issue judgments as a means to evaluating
6    knowledge and writing ability;
7        (g) writing skills;
8        (h) professional and ethical standards pursuant to
9    Section 1.1 of this Act;
10        (i) detection of workers' compensation fraud and
11    reporting obligations of Commission employees and
12    appointees;
13        (j) standards of evidence-based medical treatment and
14    best practices for measuring and improving quality and
15    health care outcomes in the workers' compensation system,
16    including but not limited to the use of the American
17    Medical Association's "Guides to the Evaluation of
18    Permanent Impairment" and the practice of utilization
19    review; and
20        (k) substantive and procedural aspects of coal
21    workers' pneumoconiosis (black lung) cases.
22    A formal and ongoing professional development program
23including, but not limited to, the above-noted areas shall be
24implemented to keep arbitrators informed of recent
25developments and issues and to assist them in maintaining and
26enhancing their professional competence. Each arbitrator shall

 

 

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1complete 20 hours of training in the above-noted areas during
2every 2 years such arbitrator shall remain in office.
3    Each arbitrator shall devote full time to his or her
4duties and shall serve when assigned as an acting Commissioner
5when a Commissioner is unavailable in accordance with the
6provisions of Section 13 of this Act. Any arbitrator who is an
7attorney-at-law shall not engage in the practice of law, nor
8shall any arbitrator hold any other office or position of
9profit under the United States or this State or any municipal
10corporation or political subdivision of this State.
11Notwithstanding any other provision of this Act to the
12contrary, an arbitrator who serves as an acting Commissioner
13in accordance with the provisions of Section 13 of this Act
14shall continue to serve in the capacity of Commissioner until
15a decision is reached in every case heard by that arbitrator
16while serving as an acting Commissioner.
17    Notwithstanding any other provision of this Section, the
18term of all arbitrators serving on June 28, 2011 (the
19effective date of Public Act 97-18), including any arbitrators
20on administrative leave, shall terminate at the close of
21business on July 1, 2011, but the incumbents shall continue to
22exercise all of their duties until they are reappointed or
23their successors are appointed.
24    On and after June 28, 2011 (the effective date of Public
25Act 97-18), arbitrators shall be appointed to 3-year terms as
26follows:

 

 

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1        (1) All appointments shall be made by the Governor
2    with the advice and consent of the Senate.
3        (2) For their initial appointments, 12 arbitrators
4    shall be appointed to terms expiring July 1, 2012; 12
5    arbitrators shall be appointed to terms expiring July 1,
6    2013; and all additional arbitrators shall be appointed to
7    terms expiring July 1, 2014. Thereafter, all arbitrators
8    shall be appointed to 3-year terms.
9    Upon the expiration of a term, the Chairman shall evaluate
10the performance of the arbitrator and may recommend to the
11Governor that he or she be reappointed to a second or
12subsequent term by the Governor with the advice and consent of
13the Senate.
14    Each arbitrator appointed on or after June 28, 2011 (the
15effective date of Public Act 97-18) and who has not previously
16served as an arbitrator for the Commission shall be required
17to be authorized to practice law in this State by the Supreme
18Court, and to maintain this authorization throughout his or
19her term of employment.
20    The performance of all arbitrators shall be reviewed by
21the Chairman every other year, or more often at the discretion
22of the Chairman on an annual basis. The Chairman shall allow
23input from the Commissioners in all such reviews.
24    The Commission shall assign no fewer than 3 arbitrators to
25each hearing site. The Commission shall establish a procedure
26to ensure that the arbitrators assigned to each hearing site

 

 

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1are assigned cases on a random basis. No arbitrator shall hear
2cases in any county, other than Cook County, for more than 4 2
3years consecutively in each 3-year term.
4    The Secretary and each arbitrator shall receive a per
5annum salary of 5% less than the per annum salary of members of
6The Illinois Workers' Compensation Commission as provided in
7Section 13 of this Act, payable in equal monthly installments.
8    The members of the Commission, Arbitrators and other
9employees whose duties require them to travel, shall have
10reimbursed to them their actual traveling expenses and
11disbursements made or incurred by them in the discharge of
12their official duties while away from their place of residence
13in the performance of their duties.
14    The Commission shall provide itself with a seal for the
15authentication of its orders, awards and proceedings upon
16which shall be inscribed the name of the Commission and the
17words "Illinois--Seal".
18    The Secretary or Assistant Secretary, under the direction
19of the Commission, shall have charge and custody of the seal of
20the Commission and also have charge and custody of all
21records, files, orders, proceedings, decisions, awards and
22other documents on file with the Commission. He shall furnish
23certified copies, under the seal of the Commission, of any
24such records, files, orders, proceedings, decisions, awards
25and other documents on file with the Commission as may be
26required. Certified copies so furnished by the Secretary or

 

 

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1Assistant Secretary shall be received in evidence before the
2Commission or any Arbitrator thereof, and in all courts,
3provided that the original of such certified copy is otherwise
4competent and admissible in evidence. The Secretary or
5Assistant Secretary shall perform such other duties as may be
6prescribed from time to time by the Commission.
7(Source: P.A. 102-16, eff. 6-17-21.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.