Full Text of SB1245 98th General Assembly
SB1245ham001 98TH GENERAL ASSEMBLY | Rep. Ann Williams Filed: 5/28/2013
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| 1 | | AMENDMENT TO SENATE BILL 1245
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1245 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Safety Employee Benefits Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (820 ILCS 320/10)
| 7 | | Sec. 10. Required health coverage benefits.
| 8 | | (a) An employer who employs a full-time law enforcement, | 9 | | correctional or
correctional probation officer, or firefighter | 10 | | (hereinafter referred to as "PSEBA recipient") , who, on or | 11 | | after the effective
date of this Act suffers a catastrophic | 12 | | injury or is killed in the line of duty
shall pay the entire | 13 | | premium of the employer's health insurance plan for the PSEBA | 14 | | recipient
injured employee , the PSEBA recipient's injured | 15 | | employee's spouse, and for each dependent child
of the PSEBA | 16 | | recipient injured employee until the child reaches the age of |
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| 1 | | majority or until
the end of the calendar year in which the | 2 | | child reaches the age of 25 if the
child continues to be | 3 | | dependent for support or the child is a full-time or
part-time | 4 | | student and is dependent for support. The term "health | 5 | | insurance
plan" does not include supplemental benefits that are | 6 | | not part of the basic
group health insurance plan.
If the PSEBA | 7 | | recipient
injured employee subsequently dies, the employer | 8 | | shall continue to pay the
entire health insurance premium for | 9 | | the surviving spouse until remarried and
for the dependent | 10 | | children under the conditions established in this Section.
| 11 | | However:
| 12 | | (1) Health insurance benefits payable from any other | 13 | | source shall reduce
benefits payable under this Section.
| 14 | | (2) It is unlawful for a person to willfully and | 15 | | knowingly make, or cause
to be made, or to assist, conspire | 16 | | with, or urge another to make, or cause to
be made, any | 17 | | false, fraudulent, or misleading oral or written statement | 18 | | to
obtain health insurance coverage as provided under this | 19 | | Section. A violation
of this item is a Class A misdemeanor.
| 20 | | (3) Upon conviction for a violation described in item | 21 | | (2), a law
enforcement, correctional or correctional | 22 | | probation officer, or other
beneficiary who receives or | 23 | | seeks to receive health insurance benefits under
this | 24 | | Section shall forfeit the right to receive health insurance | 25 | | benefits and
shall reimburse the employer for all benefits | 26 | | paid due to the fraud or other
prohibited activity. For |
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| 1 | | purposes of this item, "conviction" means a
determination | 2 | | of guilt that is the result of a plea or trial, regardless | 3 | | of
whether adjudication is withheld.
| 4 | | (b) In order for the law enforcement, correctional or | 5 | | correctional probation
officer, firefighter, spouse, or | 6 | | dependent children to be eligible for
insurance coverage under | 7 | | this Act, the injury or death must have occurred as
the result | 8 | | of the officer's response to fresh pursuit, the officer or
| 9 | | firefighter's response to what is reasonably believed to be an | 10 | | emergency, an
unlawful act perpetrated by another, or during | 11 | | the investigation of a criminal
act. Nothing in this Section | 12 | | shall be construed to limit health insurance
coverage or | 13 | | pension benefits for which the officer, firefighter, spouse, or
| 14 | | dependent children may otherwise be eligible.
| 15 | | (c) A PSEBA benefit recipient who qualified for benefits | 16 | | under subsections (a) and (b) of this Section shall be required | 17 | | to file a form with his or her employer as prescribed in this | 18 | | Section. The Commission on Government Forecasting and | 19 | | Accountability (COGFA) shall use the form created in this Act | 20 | | and prescribe the content of the report in cooperation with one | 21 | | statewide labor organization representing police, one | 22 | | statewide law enforcement organization, one statewide labor | 23 | | organization representing firefighters employed by at least | 24 | | 100 municipalities in this State that is affiliated with the | 25 | | Illinois State Federation of Labor, one statewide labor | 26 | | organization representing correctional officers and parole |
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| 1 | | agents, that is affiliated with the Illinois State Federation | 2 | | of Labor, one statewide labor organization representing | 3 | | correctional officers and parole agents that is affiliated with | 4 | | the Illinois State Federation of Labor, one statewide | 5 | | organization representing municipalities, and one regional | 6 | | organization representing municipalities. COGFA may accept | 7 | | comment from any source, but shall not be required to solicit | 8 | | public comment. Within 60 days after the effective date of this | 9 | | amendatory Act of the 98th General Assembly, COGFA shall remit | 10 | | a copy of the form contained in this subsection to all | 11 | | employers subject to this Act. | 12 | | "PSEBA RECIPIENT REPORTING FORM: | 13 | | Under Section 10 of the Public Safety Employee Benefits | 14 | | Act (820 ILCS 320/10), the Commission on Government | 15 | | Forecasting and Accountability (COGFA) is charged with | 16 | | creating and submitting a report to the Governor and the | 17 | | General Assembly setting forth information regarding | 18 | | recipients and benefits payable under the Public Safety | 19 | | Employee Benefits Act (Act). The Act requires employers | 20 | | providing PSEBA benefits to distribute this form to any | 21 | | former peace officer, firefighter, or correctional officer | 22 | | currently in receipt of PSEBA benefits. | 23 | | The responses to the questions below will be used by | 24 | | COGFA to compile information regarding the PSEBA benefit | 25 | | for its report. The Act prohibits the release of any |
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| 1 | | personal information concerning the PSEBA recipient and | 2 | | exempts the reported information from the requirements of | 3 | | the Freedom of Information Act (FOIA). | 4 | | The Act requires the PSEBA recipient to complete this | 5 | | form and submit it to the employer providing PSEBA benefits | 6 | | within 60 days of receipt. If the PSEBA recipient fails to | 7 | | submit this form within 60 days of receipt, the employer is | 8 | | required to notify the PSEBA recipient of non-compliance | 9 | | and provide an additional 30 days to submit the required | 10 | | form. Failure to submit the form in a timely manner will | 11 | | result in the PSEBA recipient incurring responsibility for | 12 | | reimbursing the employer for premiums paid during the | 13 | | period the form is due and not filed. | 14 | | (1) PSEBA recipient's name: | 15 | | (2) PSEBA recipient's date of birth: | 16 | | (3) Name of the employer providing PSEBA benefits: | 17 | | (4) Date the PSEBA benefit first became payable: | 18 | | (5) What was the medical diagnosis of the injury | 19 | | that qualified you for the PSEBA benefit? | 20 | | (6) Are you currently employed with compensation? | 21 | | (7) If so, what is the name(s) of your current | 22 | | employer(s)? | 23 | | (8) Are you or your spouse enrolled in a health | 24 | | insurance plan provided by your current employer or | 25 | | another source? | 26 | | (9) Have you or your spouse been offered or |
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| 1 | | provided access to health insurance from your current | 2 | | employer(s)? | 3 | | If you answered yes to question 8 or 9, please provide | 4 | | the name of the employer, the name of the insurance | 5 | | provider(s), and a general description of the type(s) of | 6 | | insurance offered (HMO, PPO, HSA, etc.): | 7 | | (10) Are you or your spouse enrolled in a health | 8 | | insurance plan provided by a current employer of your | 9 | | spouse? | 10 | | (11) Have you or your spouse been offered or | 11 | | provided access to health insurance provided by a | 12 | | current employer of your spouse? | 13 | | If you answered yes to question 10 or 11, please | 14 | | provide the name of the employer, the name of the insurance | 15 | | provider, and a general description of the type of | 16 | | insurance offered (HMO, PPO, HSA, etc.) by an employer of | 17 | | your spouse:" | 18 | | Within 30 days after receipt of this form, COFGA shall | 19 | | notify an employer of its obligation to notify any PSEBA | 20 | | recipient receiving benefits under this Act of that recipient's | 21 | | obligation to file a report under this Section. The employer | 22 | | shall include a copy of the form and a self-addressed stamped | 23 | | envelope for the form to be returned to the employer. A PSEBA | 24 | | recipient receiving benefits under this Act must complete and | 25 | | return this form to the employer within 60 days of receipt of |
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| 1 | | such form. Any PSEBA recipient who has been given notice as | 2 | | provided under this Section and who fails to timely file a | 3 | | report under this Section within 60 days after receipt of this | 4 | | form shall be notified by the employer that he or she has 30 | 5 | | days to submit the report or risk incurring the cost of his or | 6 | | her benefits provided under this Act. An employer may seek | 7 | | reimbursement for premium payments for a PSEBA recipient who | 8 | | fails to file this report with the employer 30 days after | 9 | | receiving this notice. The PSEBA recipient is responsible for | 10 | | reimbursing the employer for premiums paid during the period | 11 | | the report is due and not filed. Employers shall return this | 12 | | form to COGFA within 30 days after receiving the form from the | 13 | | PSEBA recipient. | 14 | | Any information collected by the employer under this | 15 | | Section shall be exempt from the requirements of the Freedom of | 16 | | Information Act except for data collected in the aggregate that | 17 | | does not reveal any personal information concerning the PSEBA | 18 | | recipient. | 19 | | By July 1 of every odd-numbered year, beginning in 2015, | 20 | | employers subject to this Act must send the form contained in | 21 | | this subsection to all PSEBA recipients eligible for benefits | 22 | | under this Act. The PSEBA recipient must complete and return | 23 | | this form by September 1 of that year. Any PSEBA recipient who | 24 | | has been given notice as provided under this Section and who | 25 | | fails to timely file a completed form under this Section within | 26 | | 60 days after receipt of this form shall be notified by the |
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| 1 | | employer that he or she has 30 days to submit the form or risk | 2 | | incurring the costs of his or her benefits provided under this | 3 | | Act. The PSEBA recipient is responsible for reimbursing the | 4 | | employer for premiums paid during the period the report is due | 5 | | and not filed. The employer shall resume premium payments upon | 6 | | receipt of the completed form. Employers shall return this form | 7 | | to COGFA within 30 days after receiving the form from the PSEBA | 8 | | recipient. | 9 | | (d) An employer subject to this Act shall complete and file | 10 | | the form contained in this subsection. | 11 | | "EMPLOYER SUBJECT TO PSEBA REPORTING FORM: | 12 | | Under Section 10 of the Public Safety Employee Benefits | 13 | | Act (820 ILCS 320/10), the Commission on Government | 14 | | Forecasting and Accountability (COGFA) is charged with | 15 | | creating and submitting a report to the Governor and | 16 | | General Assembly setting forth information regarding | 17 | | recipients and benefits payable under the Public Safety | 18 | | Employee Benefits Act (Act). | 19 | | The responses to the questions below will be used by | 20 | | COGFA to compile information regarding the PSEBA benefit | 21 | | for its report. | 22 | | The Act requires all employers subject to the PSEBA Act | 23 | | to submit the following information within 120 days after | 24 | | receipt of this form. | 25 | | (1) Name of the employer: |
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| 1 | | (2) The number of PSEBA benefit applications filed | 2 | | under the Act during the reporting period provided in | 3 | | the aggregate and listed individually by name of | 4 | | applicant and date of application: | 5 | | (3) The number of PSEBA benefits and names of PSEBA | 6 | | recipients receiving benefits awarded under the Act | 7 | | during the reporting period provided in the aggregate | 8 | | and listed individually by name of applicant and date | 9 | | of application: | 10 | | (4) The cost of the health insurance premiums paid | 11 | | due to PSEBA benefits awarded under the Act during the | 12 | | reporting period provided in the aggregate and listed | 13 | | individually by name of PSEBA recipient: | 14 | | (5) The number of PSEBA benefit applications filed | 15 | | under the Act since the inception of the Act provided | 16 | | in the aggregate and listed individually by name of | 17 | | applicant and date of application: | 18 | | (6) The number of PSEBA benefits awarded under the | 19 | | Act since the inception of the Act provided in the | 20 | | aggregate and listed individually by name of applicant | 21 | | and date of application: | 22 | | (7) The cost of health insurance premiums paid due | 23 | | to PSEBA benefits awarded under the Act since the | 24 | | inception of the Act provided in the aggregate and | 25 | | listed individually by name of PSEBA recipient: | 26 | | (8) The current annual cost of health insurance |
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| 1 | | premiums paid for PSEBA benefits awarded under the Act | 2 | | provided in the aggregate and listed individually by | 3 | | name of PSEBA recipient: | 4 | | (9) The annual cost of health insurance premiums | 5 | | paid for PSEBA benefits awarded under the Act listed by | 6 | | year since the inception of the Act provided in annual | 7 | | aggregate amounts and listed individually by name of | 8 | | PSEBA recipient: | 9 | | (10) A description of health insurance benefit | 10 | | levels currently provided by the employer to the PSEBA | 11 | | recipient: | 12 | | (11) The total cost of the monthly health insurance | 13 | | premium currently provided to the PSEBA recipient: | 14 | | (12) The other costs of the health insurance | 15 | | benefit currently provided to the PSEBA recipient | 16 | | including, but not limited to: | 17 | | (i) the co-pay requirements of the health | 18 | | insurance policy provided to the PSEBA recipient; | 19 | | (ii) the out-of-pocket deductibles of the | 20 | | health insurance policy provided to the PSEBA | 21 | | recipient; | 22 | | (iii) any pharmaceutical benefits and co-pays | 23 | | provided in the insurance policy; and | 24 | | (iv) any policy limits of the health insurance | 25 | | policy provided to the PSEBA recipient." |
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| 1 | | An employer covered under this Act shall file copies of the | 2 | | PSEBA Recipient Reporting Form and the Employer Subject to the | 3 | | PSEBA Act Reporting Form with COGFA within 120 days after | 4 | | receipt of the Employer Subject to the PSEBA Act Reporting | 5 | | Form. | 6 | | The first form filed with COGFA under this Section shall | 7 | | contain all information required by this Section. All forms | 8 | | filed by the employer thereafter shall set forth the required | 9 | | information for the 24-month period ending on June 30 preceding | 10 | | the deadline date for filing the report. | 11 | | Whenever possible, communication between COGFA and | 12 | | employers as required by this Act shall be through electronic | 13 | | means. | 14 | | (e) For the purpose of creating the report required under | 15 | | subsection (f), upon receipt of each PSEBA Benefit Recipient | 16 | | Form, or as soon as reasonably practicable, COGFA shall make a | 17 | | determination of whether the PSEBA benefit recipient or the | 18 | | PSEBA benefit recipient's spouse meets one of the following | 19 | | criteria: | 20 | | (1) the PSEBA benefit recipient or the PSEBA benefit | 21 | | recipient's spouse is receiving health insurance from a | 22 | | current employer, a current employer of his or her spouse, | 23 | | or another source; | 24 | | (2) the PSEBA benefit recipient or the PSEBA benefit | 25 | | recipient's spouse has been offered or provided access to | 26 | | health insurance from a current employer or employers. |
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| 1 | | If one or both of the criteria are met, COGFA shall make | 2 | | the following determinations of the associated costs and | 3 | | benefit levels of health insurance provided or offered to the | 4 | | PSEBA benefit recipient or the PSEBA benefit recipient's | 5 | | spouse: | 6 | | (A) a description of health insurance benefit levels | 7 | | offered to or received by the PSEBA benefit recipient or | 8 | | the PSEBA benefit recipient's spouse from a current | 9 | | employer or a current employer of the PSEBA benefit | 10 | | recipient's spouse; | 11 | | (B) the monthly premium cost of health insurance | 12 | | benefits offered to or received by the PSEBA benefit | 13 | | recipient or the PSEBA benefit recipient's spouse from a | 14 | | current employer or a current employer of the PSEBA benefit | 15 | | recipient's spouse including, but not limited to: | 16 | | (i) the total monthly cost of the health insurance | 17 | | premium; | 18 | | (ii) the monthly amount of the health insurance | 19 | | premium to be paid by the employer; | 20 | | (iii) the monthly amount of the health insurance | 21 | | premium to be paid by the PSEBA benefit recipient or | 22 | | the PSEBA benefit recipient's spouse; | 23 | | (iv) the co-pay requirements of the health | 24 | | insurance policy; | 25 | | (v) the out-of-pocket deductibles of the health | 26 | | insurance policy; |
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| 1 | | (vi) any pharmaceutical benefits and co-pays | 2 | | provided in the insurance policy; | 3 | | (vii) any policy limits of the health insurance | 4 | | policy. | 5 | | COGFA shall summarize the related costs and benefit levels | 6 | | of health insurance provided or available to the PSEBA benefit | 7 | | recipient or the PSEBA benefit recipient's spouse and contrast | 8 | | the results to the cost and benefit levels of health insurance | 9 | | currently provided by the employer subject to this Act. This | 10 | | information shall be included in the report required in | 11 | | subsection (f). | 12 | | (f) By June 1, 2014, and by January 1 of every | 13 | | even-numbered year thereafter beginning in 2016, COGFA shall | 14 | | submit a report to the Governor and the General Assembly | 15 | | setting forth the information received under subsections (c) | 16 | | and (d). The report shall aggregate data in such a way as to | 17 | | not reveal the identity of any single beneficiary. The | 18 | | requirement for reporting to the General Assembly shall be | 19 | | satisfied by filing copies of the report with the Speaker, | 20 | | Minority Leader, and Clerk of the House of Representatives, the | 21 | | President, Minority Leader, and Secretary of the Senate, the | 22 | | Legislative Research Unit as required under Section 3.1 of the | 23 | | General Assembly Organization Act, and the State Government | 24 | | Report Distribution Center for the General Assembly as required | 25 | | under paragraph (t) of Section 7 of the State Library Act. | 26 | | COGFA shall make this report available electronically on a |
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| 1 | | publicly accessible website. | 2 | | (Source: P.A. 90-535, eff. 11-14-97.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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