Illinois General Assembly - Full Text of HB4276
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Full Text of HB4276  101st General Assembly

HB4276sam001 101ST GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 1/5/2021

 

 


 

 


 
10100HB4276sam001LRB101 15557 RPS 74485 a

1
AMENDMENT TO HOUSE BILL 4276

2    AMENDMENT NO. ______. Amend House Bill 4276 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Employee Disability Act is amended
5by 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"
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

 

 

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1full-time paramedic or a firefighter who performs paramedic
2duties, who is employed by the State of Illinois, any unit of
3local government (including any home rule unit), any State
4supported college or university, or any other public entity
5granted the power to employ persons for such purposes by law.
6    (b) Whenever an eligible employee suffers any injury in the
7line of duty which causes him to be unable to perform his
8duties, he shall continue to be paid by the employing public
9entity on the same basis as he was paid before the injury, with
10no deduction from his sick leave credits, compensatory time for
11overtime accumulations or vacation, or service credits in a
12public employee pension fund during the time he is unable to
13perform his duties due to the result of the injury, but not
14longer than one year in relation to the same injury, except as
15otherwise provided under subsection (b-5). However, no injury
16to an employee of the Department of Corrections or the Prisoner
17Review Board working within a penal institution or an employee
18of the Department of Human Services working within a
19departmental mental health or developmental disabilities
20facility shall qualify the employee for benefits under this
21Section unless the injury is the direct or indirect result of
22violence by inmates of the penal institution or residents of
23the mental health or developmental disabilities facility.
24    (b-5) Upon the occurrence of circumstances, directly or
25indirectly attributable to COVID-19, occurring on or after
26March 9, 2020 and on or before June 30, 2021 (including the

 

 

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1period between December 31, 2020 and the effective date of this
2amendatory Act of the 101st General Assembly) December 31, 2020
3which would hinder the physical recovery from an injury of an
4eligible employee within the one-year period as required under
5subsection (b), the eligible employee shall be entitled to an
6extension of no longer than 60 days by which he or she shall
7continue to be paid by the employing public entity on the same
8basis as he or she was paid before the injury. The employing
9public entity may require proof of the circumstances hindering
10an eligible employee's physical recovery before granting the
11extension provided under this subsection (b-5).
12    (c) At any time during the period for which continuing
13compensation is required by this Act, the employing public
14entity may order at the expense of that entity physical or
15medical examinations of the injured person to determine the
16degree of disability.
17    (d) During this period of disability, the injured person
18shall not be employed in any other manner, with or without
19monetary compensation. Any person who is employed in violation
20of this paragraph forfeits the continuing compensation
21provided by this Act from the time such employment begins. Any
22salary compensation due the injured person from workers'
23compensation or any salary due him from any type of insurance
24which may be carried by the employing public entity shall
25revert to that entity during the time for which continuing
26compensation is paid to him under this Act. Any person with a

 

 

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1disability receiving compensation under the provisions of this
2Act shall not be entitled to any benefits for which he would
3qualify because of his disability under the provisions of the
4Illinois Pension Code.
5    (e) Any employee of the State of Illinois, as defined in
6Section 14-103.05 of the Illinois Pension Code, who becomes
7permanently unable to perform the duties of such employment due
8to an injury received in the active performance of his duties
9as a State employee as a result of a willful act of violence by
10another employee of the State of Illinois, as so defined,
11committed during such other employee's course of employment and
12after January 1, 1988, shall be eligible for benefits pursuant
13to the provisions of this Section. For purposes of this
14Section, permanent disability is defined as a diagnosis or
15prognosis of an inability to return to current job duties by a
16physician licensed to practice medicine in all of its branches.
17    (f) The compensation and other benefits provided to
18part-time employees covered by this Section shall be calculated
19based on the percentage of time the part-time employee was
20scheduled to work pursuant to his or her status as a part-time
21employee.
22    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
23Article VII of the Illinois Constitution, this Act specifically
24denies and limits the exercise by home rule units of any power
25which is inconsistent herewith, and all existing laws and
26ordinances which are inconsistent herewith are hereby

 

 

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1superseded. This Act does not preempt the concurrent exercise
2by home rule units of powers consistent herewith.
3    This Act does not apply to any home rule unit with a
4population of over 1,000,000.
5    (h) In those cases where the injury to a State employee for
6which a benefit is payable under this Act was caused under
7circumstances creating a legal liability for damages on the
8part of some person other than the State employer, all of the
9rights and privileges, including the right to notice of suit
10brought against such other person and the right to commence or
11join in such suit, as given the employer, together with the
12conditions or obligations imposed under paragraph (b) of
13Section 5 of the Workers' Compensation Act, are also given and
14granted to the State, to the end that, with respect to State
15employees only, the State may be paid or reimbursed for the
16amount of benefit paid or to be paid by the State to the
17injured employee or his or her personal representative out of
18any judgment, settlement, or payment for such injury obtained
19by such injured employee or his or her personal representative
20from such other person by virtue of the injury.
21(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20.)
 
22    Section 10. The Illinois Pension Code is amended by
23changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
 
24    (40 ILCS 5/5-144)  (from Ch. 108 1/2, par. 5-144)

 

 

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1    Sec. 5-144. Death from injury in the performance of acts of
2duty; compensation annuity and supplemental annuity.
3    (a) Beginning January 1, 1986, and without regard to
4whether or not the annuity in question began before that date,
5if the annuity for the widow of a policeman whose death, on or
6after January 1, 1940, results from injury incurred in the
7performance of an act or acts of duty, is not equal to the sum
8hereinafter stated, "compensation annuity" equal to the
9difference between the annuity and an amount equal to 75% of
10the policeman's salary attached to the position he held by
11certification and appointment as a result of competitive civil
12service examination that would ordinarily have been paid to him
13as though he were in active discharge of his duties shall be
14payable to the widow until the policeman, had he lived, would
15have attained age 63. The total amount of the widow's annuity
16and children's awards payable to the family of such policeman
17shall not exceed the amounts stated in Section 5-152.
18    For the purposes of this Section only, the death of any
19policeman 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 policeman shall be rebuttably presumed to have been
26fatally injured while in active service. The presumption shall

 

 

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1apply to any policeman who was exposed to and contracted
2COVID-19 on or after March 9, 2020 and on or before June 30,
32021 (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 policeman was on a leave of absence from his
7or her employment or otherwise not required to report for duty
8for a period of 14 or more consecutive days immediately prior
9to the date of contraction of COVID-19. For the purposes of
10determining when a policeman contracted COVID-19 under this
11paragraph, the date of contraction is either the date that the
12policeman was diagnosed with COVID-19 or was unable to work due
13to symptoms that were later diagnosed as COVID-19, whichever
14occurred first.
15    The provisions of this Section, as amended by Public Act
1684-1104, including the reference to the date upon which the
17deceased policeman would have attained age 63, shall apply to
18all widows of policemen whose death occurs on or after January
191, 1940 due to injury incurred in the performance of an act of
20duty, regardless of whether such death occurred prior to
21September 17, 1969. For those widows of policemen that died
22prior to September 17, 1969, who became eligible for
23compensation annuity by the action of Public Act 84-1104, such
24compensation annuity shall begin and be calculated from January
251, 1986. The provisions of this amendatory Act of 1987 are
26intended to restate and clarify the intent of Public Act

 

 

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184-1104, and do not make any substantive change.
2    (b) Upon termination of the compensation annuity,
3"supplemental annuity" shall become payable to the widow, equal
4to the difference between the annuity for the widow and an
5amount equal to 75% of the annual salary (including all salary
6increases and longevity raises) that the policeman would have
7been receiving when he attained age 63 if the policeman had
8continued in service at the same rank (whether career service
9or exempt) that he last held in the police department. The
10increase in supplemental annuity resulting from this
11amendatory Act of the 92nd General Assembly applies without
12regard to whether the deceased policeman was in service on or
13after the effective date of this amendatory Act and is payable
14from July 1, 2002 or the date upon which the supplemental
15annuity begins, whichever is later.
16    (c) Neither compensation nor supplemental annuity shall be
17paid unless the death of the policeman was a direct result of
18the injury, or the injury was of such character as to prevent
19him from subsequently resuming service as a policeman; nor
20shall compensation or supplemental annuity be paid unless the
21widow was the wife of the policeman when the injury occurred.
22(Source: P.A. 101-633, eff. 6-5-20.)
 
23    (40 ILCS 5/5-153)  (from Ch. 108 1/2, par. 5-153)
24    Sec. 5-153. Death benefit.
25    (a) Effective January 1, 1962, an ordinary death benefit is

 

 

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

 

 

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1    service.
2    (b) The ordinary death benefit is payable to such
3beneficiary or beneficiaries as the policeman has nominated by
4written direction duly signed and acknowledged before an
5officer authorized to take acknowledgments, and filed with the
6board. If no such written direction has been filed or if the
7designated beneficiaries do not survive the policeman, payment
8of the benefit shall be made to his estate.
9    (c) Until December 31, 1977, if death occurs prior to
10retirement on annuity and before the policeman's attainment of
11age 50, the amount of the benefit payable is $6,000. If death
12occurs prior to retirement, at age 50 or over, the benefit of
13$6,000 shall be reduced $400 for each year (commencing on the
14policeman's attainment of age 50, and thereafter on each
15succeeding birthdate) that the policeman's age, at date of
16death, is more than age 50, but in no event below the amount of
17$2,000. However, if death results from injury incurred in the
18performance of an act or acts of duty, prior to retirement on
19annuity, the amount of the benefit payable is $6,000
20notwithstanding the age attained.
21    Until December 31, 1977, if the policeman's death occurs
22while he is in receipt of an annuity, the benefit is $2,000 if
23retirement was effective upon attainment of age 55 or greater.
24If the policeman retired at age 50 or over and before age 55,
25the benefit of $2,000 shall be reduced $100 for each year or
26fraction of a year that the policeman's age at retirement was

 

 

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1less than age 55 to a minimum payment of $1,500.
2    After December 31, 1977, and on or before January 1, 1986,
3if death occurs prior to retirement on annuity and before the
4policeman's attainment of age 50, the amount of the benefit
5payable is $7,000. If death occurs prior to retirement, at age
650 or over, the benefit of $7,000 shall be reduced $400 for
7each year (commencing on the policeman's attainment of age 50,
8and thereafter on each succeeding birthdate) that the
9policeman's age, at date of death, is more than age 50, but in
10no event below the amount of $3,000. However, if death results
11from injury incurred in the performance of an act or acts of
12duty, prior to retirement on annuity, the amount of the benefit
13payable is $7,000 notwithstanding the age attained.
14    After December 31, 1977, and on or before January 1, 1986,
15if the policeman's death occurs while he is in receipt of an
16annuity, the benefit is $2,250 if retirement was effective upon
17attainment of age 55 or greater. If the policeman retired at
18age 50 or over and before age 55, the benefit of $2,250 shall
19be reduced $100 for each year or fraction of a year that the
20policeman's age at retirement was less than age 55 to a minimum
21payment of $1,750.
22    After January 1, 1986, if death occurs prior to retirement
23on annuity and before the policeman's attainment of age 50, the
24amount of benefit payable is $12,000. If death occurs prior to
25retirement, at age 50 or over, the benefit of $12,000 shall be
26reduced $400 for each year (commencing on the policeman's

 

 

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1attainment of age 50, and thereafter on each succeeding
2birthdate) that the policeman's age, at date of death, is more
3than age 50, but in no event below the amount of $6,000.
4However, if death results from injury in the performance of an
5act or acts of duty, prior to retirement on annuity, the amount
6of benefit payable is $12,000 notwithstanding the age attained.
7    After January 1, 1986, if the policeman's death occurs
8while he is in receipt of an annuity, the benefit is $6,000.
9    (d) For the purposes of this Section only, the death of any
10policeman as a result of the exposure to and contraction of
11COVID-19, as evidenced by either (i) a confirmed positive
12laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
13confirmed diagnosis of COVID-19 from a licensed medical
14professional, shall be rebuttably presumed to have been
15contracted while in the performance of an act or acts of duty
16and the policeman shall be rebuttably presumed to have been
17fatally injured while in active service. The presumption shall
18apply to any policeman who was exposed to and contracted
19COVID-19 on or after March 9, 2020 and on or before June 30,
202021 (including the period between December 31, 2020 and the
21effective date of this amendatory Act of the 101st General
22Assembly) December 31, 2020; except that the presumption shall
23not apply if the policeman was on a leave of absence from his
24or her employment or otherwise not required to report for duty
25for a period of 14 or more consecutive days immediately prior
26to the date of contraction of COVID-19. For the purposes of

 

 

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1determining when a policeman contracted COVID-19 under this
2subsection, the date of contraction is either the date that the
3policeman was diagnosed with COVID-19 or was unable to work due
4to symptoms that were later diagnosed as COVID-19, whichever
5occurred first.
6(Source: P.A. 101-633, eff. 6-5-20.)
 
7    (40 ILCS 5/6-140)  (from Ch. 108 1/2, par. 6-140)
8    Sec. 6-140. Death in the line of duty.
9    (a) The annuity for the widow of a fireman whose death
10results from the performance of an act or acts of duty shall be
11an amount equal to 50% of the current annual salary attached to
12the classified position to which the fireman was certified at
13the time of his death and 75% thereof after December 31, 1972.
14    Unless the performance of an act or acts of duty results
15directly in the death of the fireman, or prevents him from
16subsequently resuming active service in the fire department,
17the annuity herein provided shall not be paid; nor shall such
18annuities be paid unless the widow was the wife of the fireman
19at the time of the act or acts of duty which resulted in his
20death.
21    For the purposes of this Section only, the death of any
22fireman as a result of the exposure to and contraction of
23COVID-19, as evidenced by either (i) a confirmed positive
24laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
25confirmed diagnosis of COVID-19 from a licensed medical

 

 

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1professional, shall be rebuttably presumed to have been
2contracted while in the performance of an act or acts of duty
3and the fireman shall be rebuttably presumed to have been
4fatally injured while in active service. The presumption shall
5apply to any fireman who was exposed to and contracted COVID-19
6on or after March 9, 2020 and on or before June 30, 2021
7(including the period between December 31, 2020 and the
8effective date of this amendatory Act of the 101st General
9Assembly) December 31, 2020; except that the presumption shall
10not apply if the fireman was on a leave of absence from his or
11her employment or otherwise not required to report for duty for
12a period of 14 or more consecutive days immediately prior to
13the date of contraction of COVID-19. For the purposes of
14determining when a fireman contracted COVID-19 under this
15paragraph, the date of contraction is either the date that the
16fireman was diagnosed with COVID-19 or was unable to work due
17to symptoms that were later diagnosed as COVID-19, whichever
18occurred first.
19    (b) The changes made to this Section by this amendatory Act
20of the 92nd General Assembly apply without regard to whether
21the deceased fireman was in service on or after the effective
22date of this amendatory Act. In the case of a widow receiving
23an annuity under this Section that has been reduced to 40% of
24current salary because the fireman, had he lived, would have
25attained the age prescribed for compulsory retirement, the
26annuity shall be restored to the amount provided in subsection

 

 

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1(a), with the increase beginning to accrue on the later of
2January 1, 2001 or the day the annuity first became payable.
3(Source: P.A. 101-633, eff. 6-5-20.)
 
4    (40 ILCS 5/6-150)  (from Ch. 108 1/2, par. 6-150)
5    Sec. 6-150. Death benefit.
6    (a) Effective January 1, 1962, an ordinary death benefit
7shall be payable on account of any fireman in service and in
8receipt of salary on or after such date, which benefit shall be
9in addition to all other annuities and benefits herein
10provided. This benefit shall be payable upon death of a
11fireman:
12        (1) occurring in active service while in receipt of
13    salary;
14        (2) on an authorized and approved leave of absence,
15    without salary, beginning on or after January 1, 1962, if
16    the death occurs within 60 days from the date the fireman
17    was in receipt of salary;
18        (3) receiving duty, occupational disease, or ordinary
19    disability benefit;
20        (4) occurring within 60 days from the date of
21    termination of duty disability, occupational disease
22    disability or ordinary disability benefit payments if
23    re-entry into service had not occurred; or
24        (5) occurring on retirement and while in receipt of an
25    age and service annuity, prior service annuity, Tier 2

 

 

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1    monthly retirement annuity, or minimum annuity; provided
2    (a) retirement on such annuity occurred on or after January
3    1, 1962, and (b) such separation from service was effective
4    on or after the fireman's attainment of age 50, and (c)
5    application for such annuity was made within 60 days after
6    separation from service.
7    (b) The ordinary death benefit shall be payable to such
8beneficiary or beneficiaries as the fireman has nominated by
9written direction duly signed and acknowledged before an
10officer authorized to take acknowledgments, and filed with the
11board. If no such written direction has been filed or if the
12designated beneficiaries do not survive the fireman, payment of
13the benefit shall be made to his estate.
14    (c) Beginning July 1, 1983, if death occurs prior to
15retirement on annuity and before the fireman's attainment of
16age 50, the amount of the benefit payable shall be $12,000.
17Beginning July 1, 1983, if death occurs prior to retirement, at
18age 50 or over, the benefit of $12,000 shall be reduced $400
19for each year (commencing on the fireman's attainment of age 50
20and thereafter on each succeeding birth date) that the
21fireman's age, at date of death, is more than age 49, but in no
22event below the amount of $6,000.
23    Beginning July 1, 1983, if the fireman's death occurs while
24he is in receipt of an annuity, the benefit shall be $6,000.
25    (d) For the purposes of this Section only, the death of any
26fireman as a result of the exposure to and contraction of

 

 

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1COVID-19, as evidenced by either (i) a confirmed positive
2laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
3confirmed diagnosis of COVID-19 from a licensed medical
4professional, shall be rebuttably presumed to have been
5contracted while in the performance of an act or acts of duty
6and the fireman shall be rebuttably presumed to have been
7fatally injured while in active service. The presumption shall
8apply to any fireman who was exposed to and contracted COVID-19
9on or after March 9, 2020 and on or before June 30, 2021
10(including the period between December 31, 2020 and the
11effective date of this amendatory Act of the 101st General
12Assembly) December 31, 2020; except that the presumption shall
13not apply if the fireman was on a leave of absence from his or
14her employment or otherwise not required to report for duty for
15a period of 14 or more consecutive days immediately prior to
16the date of contraction of COVID-19. For the purposes of
17determining when a fireman contracted COVID-19 under this
18subsection, the date of contraction is either the date that the
19fireman was diagnosed with COVID-19 or was unable to work due
20to symptoms that were later diagnosed as COVID-19, whichever
21occurred first.
22(Source: P.A. 101-633, eff. 6-5-20.)
 
23    Section 15. The Workers' Occupational Diseases Act is
24amended by changing Section 1 as follows:
 

 

 

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1    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
2    Sec. 1. This Act shall be known and may be cited as the
3"Workers' Occupational Diseases Act".
4    (a) The term "employer" as used in this Act shall be
5construed to be:
6        1. The State and each county, city, town, township,
7    incorporated village, school district, body politic, or
8    municipal corporation therein.
9        2. Every person, firm, public or private corporation,
10    including hospitals, public service, eleemosynary,
11    religious or charitable corporations or associations, who
12    has any person in service or under any contract for hire,
13    express or implied, oral or written.
14        3. Where an employer operating under and subject to the
15    provisions of this Act loans an employee to another such
16    employer and such loaned employee sustains a compensable
17    occupational disease in the employment of such borrowing
18    employer and where such borrowing employer does not provide
19    or pay the benefits or payments due such employee, such
20    loaning employer shall be liable to provide or pay all
21    benefits or payments due such employee under this Act and
22    as to such employee the liability of such loaning and
23    borrowing employers shall be joint and several, provided
24    that such loaning employer shall in the absence of
25    agreement to the contrary be entitled to receive from such
26    borrowing employer full reimbursement for all sums paid or

 

 

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1    incurred pursuant to this paragraph together with
2    reasonable attorneys' fees and expenses in any hearings
3    before the Illinois Workers' Compensation Commission or in
4    any action to secure such reimbursement. Where any benefit
5    is provided or paid by such loaning employer, the employee
6    shall have the duty of rendering reasonable co-operation in
7    any hearings, trials or proceedings in the case, including
8    such proceedings for reimbursement.
9        Where an employee files an Application for Adjustment
10    of Claim with the Illinois Workers' Compensation
11    Commission alleging that his or her claim is covered by the
12    provisions of the preceding paragraph, and joining both the
13    alleged loaning and borrowing employers, they and each of
14    them, upon written demand by the employee and within 7 days
15    after receipt of such demand, shall have the duty of filing
16    with the Illinois Workers' Compensation Commission a
17    written admission or denial of the allegation that the
18    claim is covered by the provisions of the preceding
19    paragraph and in default of such filing or if any such
20    denial be ultimately determined not to have been bona fide
21    then the provisions of Paragraph K of Section 19 of this
22    Act shall apply.
23        An employer whose business or enterprise or a
24    substantial part thereof consists of hiring, procuring or
25    furnishing employees to or for other employers operating
26    under and subject to the provisions of this Act for the

 

 

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1    performance of the work of such other employers and who
2    pays such employees their salary or wage notwithstanding
3    that they are doing the work of such other employers shall
4    be deemed a loaning employer within the meaning and
5    provisions of this Section.
6    (b) The term "employee" as used in this Act, shall be
7construed to mean:
8        1. Every person in the service of the State, county,
9    city, town, township, incorporated village or school
10    district, body politic or municipal corporation therein,
11    whether by election, appointment or contract of hire,
12    express or implied, oral or written, including any official
13    of the State, or of any county, city, town, township,
14    incorporated village, school district, body politic or
15    municipal corporation therein and except any duly
16    appointed member of the fire department in any city whose
17    population exceeds 500,000 according to the last Federal or
18    State census, and except any member of a fire insurance
19    patrol maintained by a board of underwriters in this State.
20    One employed by a contractor who has contracted with the
21    State, or a county, city, town, township, incorporated
22    village, school district, body politic or municipal
23    corporation therein, through its representatives, shall
24    not be considered as an employee of the State, county,
25    city, town, township, incorporated village, school
26    district, body politic or municipal corporation which made

 

 

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1    the contract.
2        2. Every person in the service of another under any
3    contract of hire, express or implied, oral or written, who
4    contracts an occupational disease while working in the
5    State of Illinois, or who contracts an occupational disease
6    while working outside of the State of Illinois but where
7    the contract of hire is made within the State of Illinois,
8    and any person whose employment is principally localized
9    within the State of Illinois, regardless of the place where
10    the disease was contracted or place where the contract of
11    hire was made, including aliens, and minors who, for the
12    purpose of this Act, except Section 3 hereof, shall be
13    considered the same and have the same power to contract,
14    receive payments and give quittances therefor, as adult
15    employees. An employee or his or her dependents under this
16    Act who shall have a cause of action by reason of an
17    occupational disease, disablement or death arising out of
18    and in the course of his or her employment may elect or
19    pursue his or her remedy in the State where the disease was
20    contracted, or in the State where the contract of hire is
21    made, or in the State where the employment is principally
22    localized.
23    (c) "Commission" means the Illinois Workers' Compensation
24Commission created by the Workers' Compensation Act, approved
25July 9, 1951, as amended.
26    (d) In this Act the term "Occupational Disease" means a

 

 

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1disease arising out of and in the course of the employment or
2which has become aggravated and rendered disabling as a result
3of the exposure of the employment. Such aggravation shall arise
4out of a risk peculiar to or increased by the employment and
5not common to the general public.
6    A disease shall be deemed to arise out of the employment if
7there is apparent to the rational mind, upon consideration of
8all the circumstances, a causal connection between the
9conditions under which the work is performed and the
10occupational disease. The disease need not to have been
11foreseen or expected but after its contraction it must appear
12to have had its origin or aggravation in a risk connected with
13the employment and to have flowed from that source as a
14rational consequence.
15    An employee shall be conclusively deemed to have been
16exposed to the hazards of an occupational disease when, for any
17length of time however short, he or she is employed in an
18occupation or process in which the hazard of the disease
19exists; provided however, that in a claim of exposure to atomic
20radiation, the fact of such exposure must be verified by the
21records of the central registry of radiation exposure
22maintained by the Department of Public Health or by some other
23recognized governmental agency maintaining records of such
24exposures whenever and to the extent that the records are on
25file with the Department of Public Health or the agency.
26    Any injury to or disease or death of an employee arising

 

 

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1from the administration of a vaccine, including without
2limitation smallpox vaccine, to prepare for, or as a response
3to, a threatened or potential bioterrorist incident to the
4employee as part of a voluntary inoculation program in
5connection with the person's employment or in connection with
6any governmental program or recommendation for the inoculation
7of workers in the employee's occupation, geographical area, or
8other category that includes the employee is deemed to arise
9out of and in the course of the employment for all purposes
10under this Act. This paragraph added by Public Act 93-829 is
11declarative of existing law and is not a new enactment.
12    The employer liable for the compensation in this Act
13provided shall be the employer in whose employment the employee
14was last exposed to the hazard of the occupational disease
15claimed upon regardless of the length of time of such last
16exposure, except, in cases of silicosis or asbestosis, the only
17employer liable shall be the last employer in whose employment
18the employee was last exposed during a period of 60 days or
19more after the effective date of this Act, to the hazard of
20such occupational disease, and, in such cases, an exposure
21during a period of less than 60 days, after the effective date
22of this Act, shall not be deemed a last exposure. If a miner
23who is suffering or suffered from pneumoconiosis was employed
24for 10 years or more in one or more coal mines there shall,
25effective July 1, 1973 be a rebuttable presumption that his or
26her pneumoconiosis arose out of such employment.

 

 

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1    If a deceased miner was employed for 10 years or more in
2one or more coal mines and died from a respirable disease there
3shall, effective July 1, 1973, be a rebuttable presumption that
4his or her death was due to pneumoconiosis.
5    Any condition or impairment of health of an employee
6employed as a firefighter, emergency medical technician (EMT),
7emergency medical technician-intermediate (EMT-I), advanced
8emergency medical technician (A-EMT), or paramedic which
9results directly or indirectly from any bloodborne pathogen,
10lung or respiratory disease or condition, heart or vascular
11disease or condition, hypertension, tuberculosis, or cancer
12resulting in any disability (temporary, permanent, total, or
13partial) to the employee shall be rebuttably presumed to arise
14out of and in the course of the employee's firefighting, EMT,
15EMT-I, A-EMT, or paramedic employment and, further, shall be
16rebuttably presumed to be causally connected to the hazards or
17exposures of the employment. This presumption shall also apply
18to any hernia or hearing loss suffered by an employee employed
19as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
20this presumption shall not apply to any employee who has been
21employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
22less than 5 years at the time he or she files an Application
23for Adjustment of Claim concerning this condition or impairment
24with the Illinois Workers' Compensation Commission. The
25rebuttable presumption established under this subsection,
26however, does not apply to an emergency medical technician

 

 

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1(EMT), emergency medical technician-intermediate (EMT-I),
2advanced emergency medical technician (A-EMT), or paramedic
3employed by a private employer if the employee spends the
4preponderance of his or her work time for that employer engaged
5in medical transfers between medical care facilities or
6non-emergency medical transfers to or from medical care
7facilities. The changes made to this subsection by this
8amendatory Act of the 98th General Assembly shall be narrowly
9construed. The Finding and Decision of the Illinois Workers'
10Compensation Commission under only the rebuttable presumption
11provision of this paragraph shall not be admissible or be
12deemed res judicata in any disability claim under the Illinois
13Pension Code arising out of the same medical condition;
14however, this sentence makes no change to the law set forth in
15Krohe v. City of Bloomington, 204 Ill.2d 392.
16    The insurance carrier liable shall be the carrier whose
17policy was in effect covering the employer liable on the last
18day of the exposure rendering such employer liable in
19accordance with the provisions of this Act.
20    (e) "Disablement" means an impairment or partial
21impairment, temporary or permanent, in the function of the body
22or any of the members of the body, or the event of becoming
23disabled from earning full wages at the work in which the
24employee was engaged when last exposed to the hazards of the
25occupational disease by the employer from whom he or she claims
26compensation, or equal wages in other suitable employment; and

 

 

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1"disability" means the state of being so incapacitated.
2    (f) No compensation shall be payable for or on account of
3any occupational disease unless disablement, as herein
4defined, occurs within two years after the last day of the last
5exposure to the hazards of the disease, except in cases of
6occupational disease caused by berylliosis or by the inhalation
7of silica dust or asbestos dust and, in such cases, within 3
8years after the last day of the last exposure to the hazards of
9such disease and except in the case of occupational disease
10caused by exposure to radiological materials or equipment, and
11in such case, within 25 years after the last day of last
12exposure to the hazards of such disease.
13    (g)(1) In any proceeding before the Commission in which the
14employee is a COVID-19 first responder or front-line worker as
15defined in this subsection, if the employee's injury or
16occupational disease resulted from exposure to and contraction
17of COVID-19, the exposure and contraction shall be rebuttably
18presumed to have arisen out of and in the course of the
19employee's first responder or front-line worker employment and
20the injury or occupational disease shall be rebuttably presumed
21to be causally connected to the hazards or exposures of the
22employee's first responder or front-line worker employment.
23    (2) The term "COVID-19 first responder or front-line
24worker" means: all individuals employed as police, fire
25personnel, emergency medical technicians, or paramedics; all
26individuals employed and considered as first responders; all

 

 

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1workers for health care providers, including nursing homes and
2rehabilitation facilities and home care workers; corrections
3officers; and any individuals employed by essential businesses
4and operations as defined in Executive Order 2020-10 dated
5March 20, 2020, as long as individuals employed by essential
6businesses and operations are required by their employment to
7encounter members of the general public or to work in
8employment locations of more than 15 employees. For purposes of
9this subsection only, an employee's home or place of residence
10is not a place of employment, except for home care workers.
11    (3) The presumption created in this subsection may be
12rebutted by evidence, including, but not limited to, the
13following:
14        (A) the employee was working from his or her home, on
15    leave from his or her employment, or some combination
16    thereof, for a period of 14 or more consecutive days
17    immediately prior to the employee's injury, occupational
18    disease, or period of incapacity resulted from exposure to
19    COVID-19; or
20        (B) the employer was engaging in and applying to the
21    fullest extent possible or enforcing to the best of its
22    ability industry-specific workplace sanitation, social
23    distancing, and health and safety practices based on
24    updated guidance issued by the Centers for Disease Control
25    and Prevention or Illinois Department of Public Health or
26    was using a combination of administrative controls,

 

 

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1    engineering controls, or personal protective equipment to
2    reduce the transmission of COVID-19 to all employees for at
3    least 14 consecutive days prior to the employee's injury,
4    occupational disease, or period of incapacity resulting
5    from exposure to COVID-19. For purposes of this subsection,
6    "updated" means the guidance in effect at least 14 days
7    prior to the COVID-19 diagnosis. For purposes of this
8    subsection, "personal protective equipment" means
9    industry-specific equipment worn to minimize exposure to
10    hazards that cause illnesses or serious injuries, which may
11    result from contact with biological, chemical,
12    radiological, physical, electrical, mechanical, or other
13    workplace hazards. "Personal protective equipment"
14    includes, but is not limited to, items such as face
15    coverings, gloves, safety glasses, safety face shields,
16    barriers, shoes, earplugs or muffs, hard hats,
17    respirators, coveralls, vests, and full body suits; or
18        (C) the employee was exposed to COVID-19 by an
19    alternate source.
20    (4) The rebuttable presumption created in this subsection
21applies to all cases tried after June 5, 2020 (the effective
22date of Public Act 101-633) this amendatory Act of the 101st
23General Assembly and in which the diagnosis of COVID-19 was
24made on or after March 9, 2020 and on or before June 30, 2021
25(including the period between December 31, 2020 and the
26effective date of this amendatory Act of the 101st General

 

 

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1Assembly) December 31, 2020.
2    (5) Under no circumstances shall any COVID-19 case increase
3or affect any employer's workers' compensation insurance
4experience rating or modification, but COVID-19 costs may be
5included in determining overall State loss costs.
6    (6) In order for the presumption created in this subsection
7to apply at trial, for COVID-19 diagnoses occurring on or
8before June 15, 2020, an employee must provide a confirmed
9medical diagnosis by a licensed medical practitioner or a
10positive laboratory test for COVID-19 or for COVID-19
11antibodies; for COVID-19 diagnoses occurring after June 15,
122020, an employee must provide a positive laboratory test for
13COVID-19 or for COVID-19 antibodies.
14    (7) The presumption created in this subsection does not
15apply if the employee's place of employment was solely the
16employee's home or residence for a period of 14 or more
17consecutive days immediately prior to the employee's injury,
18occupational disease, or period of incapacity resulted from
19exposure to COVID-19.
20    (8) The date of injury or the beginning of the employee's
21occupational disease or period of disability is either the date
22that the employee was unable to work due to contraction of
23COVID-19 or was unable to work due to symptoms that were later
24diagnosed as COVID-19, whichever came first.
25    (9) An employee who contracts COVID-19, but fails to
26establish the rebuttable presumption is not precluded from

 

 

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1filing for compensation under this Act or under the Workers'
2Compensation Act.
3    (10) To qualify for temporary total disability benefits
4under the presumption created in this subsection, the employee
5must be certified for or recertified for temporary disability.
6    (11) An employer is entitled to a credit against any
7liability for temporary total disability due to an employee as
8a result of the employee contracting COVID-19 for (A) any sick
9leave benefits or extended salary benefits paid to the employee
10by the employer under Emergency Family Medical Leave Expansion
11Act, Emergency Paid Sick Leave Act of the Families First
12Coronavirus Response Act, or any other federal law, or (B) any
13other credit to which an employer is entitled under the
14Workers' Compensation Act.
15(Source: P.A. 101-633, eff. 6-5-20.)
 
16    Section 90. The State Mandates Act is amended by adding
17Section 8.44 as follows:
 
18    (30 ILCS 805/8.44 new)
19    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
20of this Act, no reimbursement by the State is required for the
21implementation of any mandate created by this amendatory Act of
22the 101st General Assembly.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".