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

HB1208ham001 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 2/28/2022

 

 


 

 


 
10200HB1208ham001LRB102 03224 SPS 36526 a

1
AMENDMENT TO HOUSE BILL 1208

2    AMENDMENT NO. ______. Amend House Bill 1208 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1disease benefits pursuant to subsection (a) of Section 4 of
2the Workers' Occupational Diseases Act but does not include
3group self-insured employers under Section 4a of this Act or
4Section 4a of the Workers' Occupational Diseases Act or the
5State of Illinois, any political subdivision of the State,
6unit of local government or school district, or any other
7public authorities or quasi-governmental bodies including any
8subunits of the foregoing entities.
9    (d) "Insolvent self-insurer" means a private self-insurer
10financially unable to pay compensation due under this Act,
11which (i) has filed either prior to or after the effective date
12of this Section or (ii) is the subject party in any proceeding
13under the Federal Bankruptcy Reform Act of 1978, or is the
14subject party in any proceeding in which a receiver,
15custodian, liquidator, rehabilitator, sequestrator, trustee or
16similar officer has been appointed by any Court to act in lieu
17of or on behalf of that self-insurer.
18    (e) "Fund" means the Self-Insurers Security Fund
19established by Section 4a-5.
20    (f) "Trustee" means a member of the Self-Insurers Advisory
21Board.
22    (g) (Blank). "Self-Insurers Administration Fund" means the
23Fund established by Section 4a-6.1.
24    (h) "Application fee" means the application fee provided
25for in Section 4a-4.
26(Source: P.A. 93-721, eff. 1-1-05.)
 

 

 

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1    (820 ILCS 305/4a-4)  (from Ch. 48, par. 138.4a-4)
2    Sec. 4a-4. The Self-Insurers Advisory Board shall possess
3all powers necessary and convenient to accomplish the objects
4prescribed by this Act, including but not limited to the
5following:
6    (a) The Board shall make such bylaws, rules, regulations
7and resolutions as are necessary to carry out its
8responsibilities. The Board may carry out its responsibilities
9directly or by contract or other instrument, and may purchase
10such services and collect and borrow such funds as it deems
11necessary to effectuate its activities and protect the members
12of the Board and its employees. The Board shall appoint,
13retain and employ such persons as it deems necessary to
14achieve the purposes of the Board. The Chairman shall be the
15chief administrative officer of the Board, and he or she shall
16have general supervisory authority over all employees of the
17Board. Designated employees shall be subject to the Illinois
18Personnel Code. All expenses incurred pursuant to this
19provision shall be paid from the Self-Insurers Security
20Administration Fund. Each private self-insurer applying for
21self-insurance and for renewal of the self-insurance privilege
22shall pay with its application a non-refundable application
23fee in the amount of $500, which shall be deposited upon
24receipt by the Commission into the Self-Insurers Security
25Administration Fund and used only for the purposes set forth

 

 

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1in Sections 4a-1 through 4a-9 this Section. An application fee
2shall be required of each corporation and each and every
3corporate subsidiary.
4    (b) The Board shall meet no less than quarterly and shall
5meet at other times upon the call of the Chairman, issued to
6the Trustees in writing no less than 48 hours prior to the day
7and hour of the meeting, or upon a request for a meeting
8presented in writing to the Chairman no less than 72 hours
9prior to the proposed day and hour of the meeting and signed by
10at least a majority of the Trustees, whereupon the Chairman
11shall provide notice issued in writing to the Trustees no less
12than 48 hours prior to the meeting and shall convene the
13meeting at the time and place stated in the request.
14    (c) Four Trustees shall constitute a quorum to transact
15business at any meeting, and the affirmative vote of four
16Trustees shall be necessary for any action taken by the Board.
17No vacancy shall otherwise impair the rights of the remaining
18Trustees to exercise all of the powers of the Board.
19    (d) The Board shall serve without compensation, but each
20member shall be entitled to be reimbursed for necessary and
21actual expenses incurred in the discharge of his official
22duties.
23    (e) The Board shall have the right to sue and be sued in
24the name of the Commission.
25(Source: P.A. 85-1385.)
 

 

 

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1    (820 ILCS 305/4a-5)  (from Ch. 48, par. 138.4a-5)
2    Sec. 4a-5. There is hereby created a Self-Insurers
3Security Fund. The State Treasurer shall be the ex officio
4custodian of the Self-Insurers Security Fund. Moneys in the
5Fund shall be deposited in a separate account in the same
6manner as are State Funds and any interest accruing thereon
7shall be added thereto every 6 months. It shall be subject to
8audit the same as State funds and accounts and shall be
9protected by the general bond given by the State Treasurer.
10The funds in the Self-Insurers Security Fund shall not be
11subject to appropriation and shall be made available for the
12purposes of compensating employees who are eligible to receive
13benefits from their employers pursuant to the provisions of
14the Workers' Compensation Act or Workers' Occupational
15Diseases Act, when, pursuant to this Section, the Board has
16determined that a private self-insurer has become an insolvent
17self-insurer and is unable to pay compensation benefits due to
18financial insolvency. Moneys in the Fund may be used to
19compensate any type of injury or occupational disease which is
20compensable under either Act, and all claims for related
21administrative fees, operating costs of the Board, attorney's
22fees, and other costs reasonably incurred by the Board. Moneys
23At the discretion of the Chairman, moneys in the Self-Insurers
24Security Fund may also be used for paying the salaries and
25benefits of the Self-Insurers Advisory Board employees and the
26operating costs of the Board. Payment from the Self-Insurers

 

 

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1Security Fund shall be made by the Comptroller only upon the
2authorization of the Chairman as evidenced by properly
3certified vouchers of the Commission, upon the direction of
4the Board.
5(Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
6    (820 ILCS 305/4a-6.1)  (from Ch. 48, par. 138.4a-6.1)
7    Sec. 4a-6.1. There is hereby created a Self-Insurers
8Administration Fund. The State Treasurer shall be the
9ex-officio custodian of the Self-Insurers Administration Fund.
10Monies in the Self-Insurers Administration Fund shall be
11deposited in a separate account in the same manner as are State
12Funds, and any interest accruing thereon shall be added
13thereto every 6 months. It shall be subject to audit the same
14as State funds and accounts and shall be protected by the
15general bond given by the State Treasurer. The funds in the
16Self-Insurers Administration Fund shall not be subject to
17appropriation and shall be made available only for paying the
18salaries and benefits of the Self-Insurers Advisory Board
19employees and the operating costs of the Board. Payment from
20the Self-Insurers Administration Fund shall be made by the
21Comptroller only upon the authorization of the Chairman as
22evidenced by properly certified vouchers of the Commission.
23Within 60 days after the effective date of this amendatory Act
24of the 102nd General Assembly, the Secretary of the Commission
25shall transfer all remaining funds to the Self-Insurers

 

 

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1Security Fund for use consistent with the provisions of
2Section 4a-5. Prior to July 1, 2022, the State Treasurer shall
3dissolve the Self-Insurers Administration Fund and close any
4related accounts.
5(Source: P.A. 85-1385.)
 
6    (820 ILCS 305/4a-7)  (from Ch. 48, par. 138.4a-7)
7    Sec. 4a-7. (a) The Commission may upon direction of the
8Board from time to time assess each of the private
9self-insurers a pro rata share of the funding reasonably
10necessary to carry out its activities under Sections 4a-1
11through 4a-9 this Section. The prorations shall be made on the
12basis of each self-insured's most recent payment into the rate
13adjustment fund under Section 7(f) of this Act. In no event
14shall a private self-insurer be assessed at one time in excess
15of .6% of the compensation paid by that private self-insurer
16during the previous calendar year for claims incurred as a
17self-insurer. Total assessments against it in any calendar
18year shall not exceed 1.2% of the compensation it has paid
19during the previous calendar year as a self-insurer for claims
20incurred. Funds obtained by such assessments shall be used
21only for the purposes set forth in Sections 4a-1 through 4a-9
22this Section, and shall be deposited upon receipt by the
23Commission into the Self-Insurers Security Fund. If payment of
24any assessment made under this subsection is not made within
2530 days of the sending of the notice to the private

 

 

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

 

 

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

 

 

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1after the effective date of this amendatory Act of the 102nd
2General Assembly must be authorized to practice law in this
3State by the Illinois Supreme Court and must maintain this
4authorization throughout his or her term of employment.
5    One of the members not identified with either the
6employing or employee classes shall be designated by the
7Governor as Chairman. The Chairman shall be the chief
8administrative and executive officer of the Commission; and he
9or she shall have general supervisory authority over all
10personnel of the Commission, including arbitrators and
11Commissioners, and the final authority in all administrative
12matters relating to the Commissioners, including but not
13limited to the assignment and distribution of cases and
14assignment of Commissioners to the panels, except in the
15promulgation of procedural rules and orders under Section 16
16and in the determination of cases under this Act.
17    Notwithstanding the general supervisory authority of the
18Chairman, each Commissioner, except those assigned to the
19temporary panel, shall have the authority to hire and
20supervise 2 staff attorneys each. Such staff attorneys shall
21report directly to the individual Commissioner.
22    A formal training program for newly-appointed
23Commissioners shall be implemented. The training program shall
24include the following:
25        (a) substantive and procedural aspects of the office
26    of Commissioner;

 

 

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

 

 

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

 

 

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1holding office on the effective date of this amendatory Act of
21989 is abolished, but the incumbents shall continue to
3exercise all of the powers and be subject to all of the duties
4of Commissioners until their respective successors are
5appointed and qualified.
6    The Illinois Workers' Compensation Commission shall
7administer this Act.
8    In the promulgation of procedural rules, the determination
9of cases heard en banc, and other matters determined by the
10full Commission, the Chairman's vote shall break a tie in the
11event of a tie vote.
12    The members shall be appointed by the Governor, with the
13advice and consent of the Senate, as follows:
14        (a) After the effective date of this amendatory Act of
15    1989, 3 members, at least one of each political party, and
16    one of whom shall be a representative citizen of the
17    employing class operating under this Act, one of whom
18    shall be a representative citizen of the class of
19    employees covered under this Act, and one of whom shall be
20    a representative citizen not identified with either the
21    employing or employee classes, shall be appointed to hold
22    office until the third Monday in January of 1993, and
23    until their successors are appointed and qualified, and 4
24    members, one of whom shall be a representative citizen of
25    the employing class operating under this Act, one of whom
26    shall be a representative citizen of the class of

 

 

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1    employees covered in this Act, and two of whom shall be
2    representative citizens not identified with either the
3    employing or employee classes, one of whom shall be
4    designated by the Governor as Chairman (at least one of
5    each of the two major political parties) shall be
6    appointed to hold office until the third Monday of January
7    in 1991, and until their successors are appointed and
8    qualified.
9        (a-5) Notwithstanding any other provision of this
10    Section, the term of each member of the Commission who was
11    appointed by the Governor and is in office on June 30, 2003
12    shall terminate at the close of business on that date or
13    when all of the successor members to be appointed pursuant
14    to this amendatory Act of the 93rd General Assembly have
15    been appointed by the Governor, whichever occurs later. As
16    soon as possible, the Governor shall appoint persons to
17    fill the vacancies created by this amendatory Act. Of the
18    initial commissioners appointed pursuant to this
19    amendatory Act of the 93rd General Assembly, 3 shall be
20    appointed for terms ending on the third Monday in January,
21    2005, and 4 shall be appointed for terms ending on the
22    third Monday in January, 2007.
23        (a-10) After the effective date of this amendatory Act
24    of the 94th General Assembly, the Commission shall be
25    increased to 10 members. As soon as possible after the
26    effective date of this amendatory Act of the 94th General

 

 

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1    Assembly, the Governor shall appoint, by and with the
2    consent of the Senate, the 3 members added to the
3    Commission under this amendatory Act of the 94th General
4    Assembly, one of whom shall be a representative citizen of
5    the employing class operating under this Act, one of whom
6    shall be a representative of the class of employees
7    covered under this Act, and one of whom shall be a
8    representative citizen not identified with either the
9    employing or employee classes. Of the members appointed
10    under this amendatory Act of the 94th General Assembly,
11    one shall be appointed for a term ending on the third
12    Monday in January, 2007, and 2 shall be appointed for
13    terms ending on the third Monday in January, 2009, and
14    until their successors are appointed and qualified.
15        (b) Members shall thereafter be appointed to hold
16    office for terms of 4 years from the third Monday in
17    January of the year of their appointment, and until their
18    successors are appointed and qualified. All such
19    appointments shall be made so that the composition of the
20    Commission is in accordance with the provisions of the
21    first paragraph of this Section.
22    Each Commissioner shall receive an annual salary equal to
2370% of that of a Circuit Court Judge in the Judicial Circuit
24constituted by the First Judicial District under the Salaries
25Act; the Chairman shall receive an annual salary of 5% more
26than the other Commissioners.

 

 

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1    In case of a vacancy in the office of a Commissioner during
2the recess of the Senate, the Governor shall make a temporary
3appointment until the next meeting of the Senate, when he
4shall nominate some person to fill such office. Any person so
5nominated who is confirmed by the Senate shall hold office
6during the remainder of the term and until his successor is
7appointed and qualified.
8    The Illinois Workers' Compensation Commission created by
9this amendatory Act of 1989 shall succeed to all the rights,
10powers, duties, obligations, records and other property and
11employees of the Industrial Commission which it replaces as
12modified by this amendatory Act of 1989 and all applications
13and reports to actions and proceedings of such prior
14Industrial Commission shall be considered as applications and
15reports to actions and proceedings of the Illinois Workers'
16Compensation Commission created by this amendatory Act of
171989.
18    Notwithstanding any other provision of this Act, in the
19event the Chairman shall make a finding that a member is or
20will be unavailable to fulfill the responsibilities of his or
21her office, the Chairman shall advise the Governor and the
22member in writing and shall designate a certified arbitrator
23to serve as acting Commissioner. The certified arbitrator
24shall act as a Commissioner until the member resumes the
25duties of his or her office or until a new member is appointed
26by the Governor, by and with the consent of the Senate, if a

 

 

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1vacancy occurs in the office of the Commissioner, but in no
2event shall a certified arbitrator serve in the capacity of
3Commissioner for more than 6 months from the date of
4appointment by the Chairman. A finding by the Chairman that a
5member is or will be unavailable to fulfill the
6responsibilities of his or her office shall be based upon
7notice to the Chairman by a member that he or she will be
8unavailable or facts and circumstances made known to the
9Chairman which lead him to reasonably find that a member is
10unavailable to fulfill the responsibilities of his or her
11office. The designation of a certified arbitrator to act as a
12Commissioner shall be considered representative of citizens
13not identified with either the employing or employee classes
14and the arbitrator shall serve regardless of his or her
15political affiliation. A certified arbitrator who serves as an
16acting Commissioner shall have all the rights and powers of a
17Commissioner, including salary.
18    Notwithstanding any other provision of this Act, the
19Governor shall appoint a special panel of Commissioners
20comprised of 3 members who shall be chosen by the Governor, by
21and with the consent of the Senate, from among the current
22ranks of certified arbitrators. Three members shall hold
23office until the Commission in consultation with the Governor
24determines that the caseload on review has been reduced
25sufficiently to allow cases to proceed in a timely manner or
26for a term of 18 months from the effective date of their

 

 

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1appointment by the Governor, whichever shall be earlier. The 3
2members shall be considered representative of citizens not
3identified with either the employing or employee classes and
4shall serve regardless of political affiliation. Each of the 3
5members shall have only such rights and powers of a
6Commissioner necessary to dispose of those cases assigned to
7the special panel. Each of the 3 members appointed to the
8special panel shall receive the same salary as other
9Commissioners for the duration of the panel.
10    The Commission may have an Executive Director; if so, the
11Executive Director shall be appointed by the Governor with the
12advice and consent of the Senate. The salary and duties of the
13Executive Director shall be fixed by the Commission.
14    On the effective date of this amendatory Act of the 93rd
15General Assembly, the name of the Industrial Commission is
16changed to the Illinois Workers' Compensation Commission.
17References in any law, appropriation, rule, form, or other
18document: (i) to the Industrial Commission are deemed, in
19appropriate contexts, to be references to the Illinois
20Workers' Compensation Commission for all purposes; (ii) to the
21Industrial Commission Operations Fund are deemed, in
22appropriate contexts, to be references to the Illinois
23Workers' Compensation Commission Operations Fund for all
24purposes; (iii) to the Industrial Commission Operations Fund
25Fee are deemed, in appropriate contexts, to be references to
26the Illinois Workers' Compensation Commission Operations Fund

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1and other documents on file with the Commission as may be
2required. Certified copies so furnished by the Secretary or
3Assistant Secretary shall be received in evidence before the
4Commission or any Arbitrator thereof, and in all courts,
5provided that the original of such certified copy is otherwise
6competent and admissible in evidence. The Secretary or
7Assistant Secretary shall perform such other duties as may be
8prescribed from time to time by the Commission.
9(Source: P.A. 102-16, eff. 6-17-21.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".