Full Text of HB1819 100th General Assembly
HB1819ham001 100TH GENERAL ASSEMBLY | Rep. John M. Cabello Filed: 4/18/2017
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| 1 | | AMENDMENT TO HOUSE BILL 1819
| 2 | | AMENDMENT NO. ______. Amend House Bill 1819 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Employee Disability Act is amended | 5 | | by changing 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" | 9 | | means any
part-time or full-time State correctional officer or | 10 | | any other full or
part-time employee of the Department of | 11 | | Corrections, any full or part-time
employee of the Prisoner | 12 | | Review Board, any full or part-time employee of the
Department | 13 | | of Human Services working within a
penal institution or a State | 14 | | mental health or developmental
disabilities facility operated | 15 | | by the Department of Human Services, and any
full-time or | 16 | | part-time law enforcement officer or
full-time or part-time |
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| 1 | | firefighter who is employed by the State of Illinois, any unit | 2 | | of
local government (including any home rule unit), any State | 3 | | supported college or
university, or any other public entity | 4 | | granted the power to employ persons for
such purposes by law.
| 5 | | (b) Whenever an eligible employee suffers any injury in the | 6 | | line of duty
which causes him to be unable to perform his | 7 | | duties, he shall continue to be
paid by the employing public | 8 | | entity on the same basis as he was paid before the
injury, with | 9 | | no deduction from his sick leave credits, compensatory time for
| 10 | | overtime accumulations or vacation, or service credits in a | 11 | | public employee
pension fund during the time he is unable to | 12 | | perform his duties due to the
result of the injury, but not | 13 | | longer than one year in relation to the same
injury. However, | 14 | | no injury to an employee of the Department
of Corrections or
| 15 | | the Prisoner Review Board working within a penal institution or | 16 | | an employee of
the Department of Human Services working within | 17 | | a
departmental mental health or developmental disabilities | 18 | | facility shall
qualify the employee for benefits under this | 19 | | Section unless the
injury is the
direct or indirect result of | 20 | | violence by inmates of the penal institution or
residents of | 21 | | the mental health or developmental
disabilities facility.
| 22 | | (c) At any time during the period for which continuing | 23 | | compensation
is required by this Act, the employing public | 24 | | entity may order at the
expense of that entity physical or | 25 | | medical examinations of the injured
person to determine the | 26 | | degree of disability.
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| 1 | | (d) During this period of disability, the injured person | 2 | | shall not
be employed in any other manner, with or without | 3 | | monetary compensation.
Any person who is employed in violation | 4 | | of this paragraph forfeits the
continuing compensation | 5 | | provided by this Act from the time such
employment begins. Any | 6 | | salary compensation due the injured person from
workers' | 7 | | compensation or any salary due him from any type of insurance
| 8 | | which may be carried by the employing public entity shall | 9 | | revert to that
entity during the time for which continuing | 10 | | compensation is paid to him
under this Act. Any person with a | 11 | | disability receiving compensation under the
provisions of this | 12 | | Act shall not be entitled to any benefits for which
he would | 13 | | qualify because of his disability under the provisions of the
| 14 | | Illinois Pension Code.
| 15 | | (e) Any employee of the State of Illinois, as defined in | 16 | | Section 14-103.05
of the Illinois Pension Code, who becomes | 17 | | permanently unable to perform the
duties of such employment due | 18 | | to an injury received in the active performance
of his duties | 19 | | as a State employee as a result of a willful act of violence by
| 20 | | another employee of the State of Illinois, as so defined, | 21 | | committed during such
other employee's course of employment and | 22 | | after January 1, 1988, shall be
eligible for benefits pursuant | 23 | | to the provisions of this Section. For purposes
of this | 24 | | Section, permanent disability is defined as a diagnosis or | 25 | | prognosis of
an inability to return to current job duties by a | 26 | | physician licensed to
practice medicine in all of its branches.
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| 1 | | (f) The compensation and other benefits provided to | 2 | | part-time employees
covered by this Section shall be calculated | 3 | | based on the percentage of time
the part-time employee was | 4 | | scheduled to work pursuant to his or her status as
a part-time | 5 | | employee.
| 6 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | 7 | | Article VII of
the Illinois Constitution, this Act specifically | 8 | | denies and limits the exercise
by home rule units of any power | 9 | | which is inconsistent herewith, and all
existing laws and | 10 | | ordinances which are inconsistent herewith are hereby
| 11 | | superseded. This Act does not preempt the concurrent exercise | 12 | | by home rule
units of powers consistent herewith.
| 13 | | This Act does not apply to any home rule unit with a | 14 | | population of over
1,000,000.
| 15 | | (h) In those cases where the injury to a State employee for | 16 | | which
a benefit is payable under this Act was caused
under | 17 | | circumstances creating a legal liability for damages on the | 18 | | part
of some person other than the State employer, all of the | 19 | | rights
and privileges, including the right to notice of suit | 20 | | brought against
such other person and the right to commence or | 21 | | join in such suit, as
given the employer, together with the | 22 | | conditions or obligations imposed
under paragraph (b) of | 23 | | Section 5 of the Workers' Compensation Act,
are also given and | 24 | | granted to the State, to the end that, with respect to State | 25 | | employees only, the State
may be paid or reimbursed for the | 26 | | amount of
benefit paid or
to be paid by the
State to the |
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| 1 | | injured employee or his or her personal representative out of | 2 | | any
judgment, settlement, or payment
for such injury obtained | 3 | | by such injured employee or his
or her personal representative | 4 | | from such other person by virtue of the injury. | 5 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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