Illinois General Assembly - Full Text of HB5221
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Full Text of HB5221  100th General Assembly




HB5221 EnrolledLRB100 20619 RJF 36048 b

1    AN ACT concerning 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. However,
8no injury to an employee of the Department of Corrections or
9the Prisoner Review Board working within a penal institution or
10an employee of the Department of Human Services working within
11a departmental mental health or developmental disabilities
12facility shall qualify the employee for benefits under this
13Section unless the injury is the direct or indirect result of
14violence by inmates of the penal institution or residents of
15the mental health or developmental disabilities facility.
16    (c) At any time during the period for which continuing
17compensation is required by this Act, the employing public
18entity may order at the expense of that entity physical or
19medical examinations of the injured person to determine the
20degree of disability.
21    (d) During this period of disability, the injured person
22shall not be employed in any other manner, with or without
23monetary compensation. Any person who is employed in violation
24of this paragraph forfeits the continuing compensation
25provided by this Act from the time such employment begins. Any
26salary compensation due the injured person from workers'



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1compensation or any salary due him from any type of insurance
2which may be carried by the employing public entity shall
3revert to that entity during the time for which continuing
4compensation is paid to him under this Act. Any person with a
5disability receiving compensation under the provisions of this
6Act shall not be entitled to any benefits for which he would
7qualify because of his disability under the provisions of the
8Illinois Pension Code.
9    (e) Any employee of the State of Illinois, as defined in
10Section 14-103.05 of the Illinois Pension Code, who becomes
11permanently unable to perform the duties of such employment due
12to an injury received in the active performance of his duties
13as a State employee as a result of a willful act of violence by
14another employee of the State of Illinois, as so defined,
15committed during such other employee's course of employment and
16after January 1, 1988, shall be eligible for benefits pursuant
17to the provisions of this Section. For purposes of this
18Section, permanent disability is defined as a diagnosis or
19prognosis of an inability to return to current job duties by a
20physician licensed to practice medicine in all of its branches.
21    (f) The compensation and other benefits provided to
22part-time employees covered by this Section shall be calculated
23based on the percentage of time the part-time employee was
24scheduled to work pursuant to his or her status as a part-time
26    (g) Pursuant to paragraphs (h) and (i) of Section 6 of



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1Article VII of the Illinois Constitution, this Act specifically
2denies and limits the exercise by home rule units of any power
3which is inconsistent herewith, and all existing laws and
4ordinances which are inconsistent herewith are hereby
5superseded. This Act does not preempt the concurrent exercise
6by home rule units of powers consistent herewith.
7    This Act does not apply to any home rule unit with a
8population of over 1,000,000.
9    (h) In those cases where the injury to a State employee for
10which a benefit is payable under this Act was caused under
11circumstances creating a legal liability for damages on the
12part of some person other than the State employer, all of the
13rights and privileges, including the right to notice of suit
14brought against such other person and the right to commence or
15join in such suit, as given the employer, together with the
16conditions or obligations imposed under paragraph (b) of
17Section 5 of the Workers' Compensation Act, are also given and
18granted to the State, to the end that, with respect to State
19employees only, the State may be paid or reimbursed for the
20amount of benefit paid or to be paid by the State to the
21injured employee or his or her personal representative out of
22any judgment, settlement, or payment for such injury obtained
23by such injured employee or his or her personal representative
24from such other person by virtue of the injury.
25(Source: P.A. 99-143, eff. 7-27-15.)