Illinois General Assembly - Full Text of SB3197
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Full Text of SB3197  102nd General Assembly

SB3197 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3197

 

Introduced 1/13/2022, by Sen. Doris Turner

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 320/3
820 ILCS 320/10
820 ILCS 320/15
820 ILCS 320/17
820 ILCS 320/20
820 ILCS 320/25 new

    Amends the Public Safety Employee Benefits Act. Provides that caseworkers employed by the Department of Children and Family Services are covered by the provisions of the Act. Provides that the changes made by the amendatory Act shall apply retroactively to one year before the effective date of the amendatory Act. Effective immediately.


LRB102 25208 SPS 34478 b

 

 

A BILL FOR

 

SB3197LRB102 25208 SPS 34478 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Safety Employee Benefits Act is
5amended by changing Sections 3, 10, 15, 17, and 20 and by
6adding Section 25 as follows:
 
7    (820 ILCS 320/3)
8    Sec. 3. Definitions Definition. As used in this Act:
9    "Caseworker" means an employee of the Department of
10Children and Family Services who is assigned case management
11duties concerning a child or person under the care and legal
12custody of the Department.
13    "Firefighter" For the purposes of this Act, the term
14"firefighter" includes, without limitation, a licensed
15emergency medical technician (EMT) who is a sworn member of a
16public fire department, a paramedic employed by a unit of
17local government, or an EMT, emergency medical
18technician-intermediate (EMT-I), or advanced emergency medical
19technician (A-EMT) employed by a unit of local government.
20    "Health For the purposes of this Act, the term "health
21insurance plan" is limited to the insurance plan options that
22are codified in the employee's collective bargaining
23agreement. If the collective bargaining agreement is silent on

 

 

SB3197- 2 -LRB102 25208 SPS 34478 b

1plan options, the available plans for the employee shall be
2negotiated with the authorized representative and subject to
3the grievance process.
4(Source: P.A. 102-439, eff. 1-1-22.)
 
5    (820 ILCS 320/10)
6    Sec. 10. Required health coverage benefits.
7    (a) An employer who employs a full-time law enforcement,
8correctional or correctional probation officer, or
9firefighter, or caseworker, who, on or after the effective
10date of this Act suffers a catastrophic injury or is killed in
11the line of duty shall pay the entire premium of the employer's
12health insurance plan for the injured employee, the injured
13employee's spouse, and for each dependent child of the injured
14employee until the child reaches the age of majority or until
15the end of the calendar year in which the child reaches the age
16of 25 if the child continues to be dependent for support or the
17child is a full-time or part-time student and is dependent for
18support. The term "health insurance plan" does not include
19supplemental benefits that are not part of the basic group
20health insurance plan. If the injured employee subsequently
21dies, the employer shall continue to pay the entire health
22insurance premium for the surviving spouse until remarried and
23for the dependent children under the conditions established in
24this Section. However:
25        (1) Health insurance benefits payable from any other

 

 

SB3197- 3 -LRB102 25208 SPS 34478 b

1    source shall reduce benefits payable under this Section.
2        (2) It is unlawful for a person to willfully and
3    knowingly make, or cause to be made, or to assist,
4    conspire with, or urge another to make, or cause to be
5    made, any false, fraudulent, or misleading oral or written
6    statement to obtain health insurance coverage as provided
7    under this Section. A violation of this item is a Class A
8    misdemeanor.
9        (3) Upon conviction for a violation described in item
10    (2), a law enforcement, correctional or correctional
11    probation officer, or other beneficiary who receives or
12    seeks to receive health insurance benefits under this
13    Section shall forfeit the right to receive health
14    insurance benefits and shall reimburse the employer for
15    all benefits paid due to the fraud or other prohibited
16    activity. For purposes of this item, "conviction" means a
17    determination of guilt that is the result of a plea or
18    trial, regardless of whether adjudication is withheld.
19    (b) In order for the law enforcement, correctional or
20correctional probation officer, firefighter, caseworker,
21spouse, or dependent children to be eligible for insurance
22coverage under this Act, the injury or death must have
23occurred as the result of the officer's response to fresh
24pursuit, the officer, caseworker, or firefighter's response to
25what is reasonably believed to be an emergency, an unlawful
26act perpetrated by another, or during the investigation of a

 

 

SB3197- 4 -LRB102 25208 SPS 34478 b

1criminal act. Nothing in this Section shall be construed to
2limit health insurance coverage or pension benefits for which
3the officer, firefighter, caseworker, spouse, or dependent
4children may otherwise be eligible.
5(Source: P.A. 90-535, eff. 11-14-97.)
 
6    (820 ILCS 320/15)
7    Sec. 15. Required educational benefits. If a firefighter,
8law enforcement, or correctional or correctional probation
9officer, or caseworker is accidentally or unlawfully and
10intentionally killed as specified in subsection (b) of Section
1110 on or after July 1, 1980, the State shall waive certain
12educational expenses which children of the deceased incur
13while obtaining a vocational-technical certificate or an
14undergraduate education at a State supported institution. The
15amount waived by the State shall be an amount equal to the cost
16of tuition and matriculation and registration fees for a total
17of 120 credit hours. The child may attend a State
18vocational-technical school, a public community college, or a
19State university. The child may attend any or all of the
20institutions specified in this Section, on either a full-time
21or part-time basis. The benefits provided under this Section
22shall continue to the child until the child's 25th birthday.
23        (1) Upon failure of any child benefited by the
24    provisions of this Section to comply with the ordinary and
25    minimum requirements of the institution attended, both as

 

 

SB3197- 5 -LRB102 25208 SPS 34478 b

1    to discipline and scholarship, the benefits shall be
2    withdrawn as to the child and no further moneys may be
3    expended for the child's benefits so long as the failure
4    or delinquency continues.
5        (2) Only a student in good standing in his or her
6    respective institution may receive the benefits under this
7    Section.
8        (3) A child receiving benefits under this Section must
9    be enrolled according to the customary rules and
10    requirements of the institution attended.
11(Source: P.A. 92-651, eff. 7-11-02.)
 
12    (820 ILCS 320/17)
13    Sec. 17. Reporting forms.
14    (a) A person who qualified for benefits under subsections
15(a) and (b) of Section 10 of this Act (hereinafter referred to
16as "PSEBA recipient") shall be required to file a form with his
17or her employer as prescribed in this Section. The Commission
18on Government Forecasting and Accountability (COGFA) shall use
19the form created in this Act and prescribe the content of the
20report in cooperation with one statewide labor organization
21representing police, one statewide law enforcement
22organization, one statewide labor organization representing
23firefighters employed by at least 100 municipalities in this
24State that is affiliated with the Illinois State Federation of
25Labor, one statewide labor organization representing

 

 

SB3197- 6 -LRB102 25208 SPS 34478 b

1correctional officers and parole agents that is affiliated
2with the Illinois State Federation of Labor, one statewide
3organization representing municipalities, and one regional
4organization representing municipalities. COGFA may accept
5comment from any source, but shall not be required to solicit
6public comment. Within 60 days after the effective date of
7this amendatory Act of the 98th General Assembly, COGFA shall
8remit a copy of the form contained in this subsection to all
9employers subject to this Act and shall make a copy available
10on its website.
 
11        "PSEBA RECIPIENT REPORTING FORM:
12        Under Section 17 of the Public Safety Employee
13    Benefits Act (820 ILCS 320/17), the Commission on
14    Government Forecasting and Accountability (COGFA) is
15    charged with creating and submitting a report to the
16    Governor and the General Assembly setting forth
17    information regarding recipients and benefits payable
18    under the Public Safety Employee Benefits Act (Act). The
19    Act requires employers providing PSEBA benefits to
20    distribute this form to any former peace officer,
21    firefighter, or correctional officer, or caseworker
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

 

 

SB3197- 7 -LRB102 25208 SPS 34478 b

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
6    benefits within 60 days of receipt. If the PSEBA recipient
7    fails to submit this form within 60 days of receipt, the
8    employer is required to notify the PSEBA recipient of
9    non-compliance and provide an additional 30 days to submit
10    the required form. Failure to submit the form in a timely
11    manner will result in the PSEBA recipient incurring
12    responsibility for reimbursing the employer for premiums
13    paid during the 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

 

 

SB3197- 8 -LRB102 25208 SPS 34478 b

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
15    insurance provider, and a general description of the type
16    of insurance offered (HMO, PPO, HSA, etc.) by an employer
17    of your spouse:"
 
18    COGFA shall notify an employer of its obligation to notify
19any PSEBA recipient receiving benefits under this Act of that
20recipient's obligation to file a report under this Section. A
21PSEBA recipient receiving benefits under this Act must
22complete and return this form to the employer within 60 days of
23receipt of such form. Any PSEBA recipient who has been given
24notice as provided under this Section and who fails to timely
25file a report under this Section within 60 days after receipt

 

 

SB3197- 9 -LRB102 25208 SPS 34478 b

1of this form shall be notified by the employer that he or she
2has 30 days to submit the report or risk incurring the cost of
3his or her benefits provided under this Act. An employer may
4seek reimbursement for premium payments for a PSEBA recipient
5who fails to file this report with the employer 30 days after
6receiving this notice. The PSEBA recipient is responsible for
7reimbursing the employer for premiums paid during the period
8the report is due and not filed. Employers shall return this
9form to COGFA within 30 days after receiving the form from the
10PSEBA recipient.
11    Any information collected by the employer under this
12Section shall be exempt from the requirements of the Freedom
13of Information Act except for data collected in the aggregate
14that does not reveal any personal information concerning the
15PSEBA recipient.
16    By July 1 of every even-numbered year, beginning in 2016,
17employers subject to this Act must send the form contained in
18this subsection to all PSEBA recipients eligible for benefits
19under this Act. The PSEBA recipient must complete and return
20this form by September 1 of that year. Any PSEBA recipient who
21has been given notice as provided under this Section and who
22fails to timely file a completed form under this Section
23within 60 days after receipt of this form shall be notified by
24the employer that he or she has 30 days to submit the form or
25risk incurring the costs of his or her benefits provided under
26this Act. The PSEBA recipient is responsible for reimbursing

 

 

SB3197- 10 -LRB102 25208 SPS 34478 b

1the employer for premiums paid during the period the report is
2due and not filed. The employer shall resume premium payments
3upon receipt of the completed form. Employers shall return
4this form to COGFA within 30 days after receiving the form from
5the PSEBA recipient.
6    (b) An employer subject to this Act shall complete and
7file the form contained in this subsection.
 
8        "EMPLOYER SUBJECT TO PSEBA REPORTING FORM:
9        Under Section 17 of the Public Safety Employee
10    Benefits Act (820 ILCS 320/17), the Commission on
11    Government Forecasting and Accountability (COGFA) is
12    charged with creating and submitting a report to the
13    Governor and General Assembly setting forth information
14    regarding recipients and benefits payable under the Public
15    Safety Employee Benefits Act (Act).
16        The responses to the questions below will be used by
17    COGFA to compile information regarding the PSEBA benefit
18    for its report.
19        The Act requires all employers subject to the PSEBA
20    Act to submit the following information within 120 days
21    after receipt of this form.
22            (1) Name of the employer:
23            (2) The number of PSEBA benefit applications filed
24        under the Act during the reporting period provided in
25        the aggregate and listed individually by name of

 

 

SB3197- 11 -LRB102 25208 SPS 34478 b

1        applicant and date of application:
2            (3) The number of PSEBA benefits and names of
3        PSEBA recipients receiving benefits awarded under the
4        Act during the reporting period provided in the
5        aggregate and listed individually by name of applicant
6        and date of application:
7            (4) The cost of the health insurance premiums paid
8        due to PSEBA benefits awarded under the Act during the
9        reporting period provided in the aggregate and listed
10        individually by name of PSEBA recipient:
11            (5) The number of PSEBA benefit applications filed
12        under the Act since the inception of the Act provided
13        in the aggregate and listed individually by name of
14        applicant and date of application:
15            (6) The number of PSEBA benefits awarded under the
16        Act since the inception of the Act provided in the
17        aggregate and listed individually by name of applicant
18        and date of application:
19            (7) The cost of health insurance premiums paid due
20        to PSEBA benefits awarded under the Act since the
21        inception of the Act provided in the aggregate and
22        listed individually by name of PSEBA recipient:
23            (8) The current annual cost of health insurance
24        premiums paid for PSEBA benefits awarded under the Act
25        provided in the aggregate and listed individually by
26        name of PSEBA recipient:

 

 

SB3197- 12 -LRB102 25208 SPS 34478 b

1            (9) The annual cost of health insurance premiums
2        paid for PSEBA benefits awarded under the Act listed
3        by year since the inception of the Act provided in
4        annual aggregate amounts and listed individually by
5        name of PSEBA recipient:
6            (10) A description of health insurance benefit
7        levels currently provided by the employer to the PSEBA
8        recipient:
9            (11) The total cost of the monthly health
10        insurance premium currently provided to the PSEBA
11        recipient:
12            (12) The other costs of the health insurance
13        benefit currently provided to the PSEBA recipient
14        including, but not limited to:
15                (i) the co-pay requirements of the health
16            insurance policy provided to the PSEBA recipient;
17                (ii) the out-of-pocket deductibles of the
18            health insurance policy provided to the PSEBA
19            recipient;
20                (iii) any pharmaceutical benefits and co-pays
21            provided in the insurance policy; and
22                (iv) any policy limits of the health insurance
23            policy provided to the PSEBA recipient."
 
24    An employer covered under this Act shall file copies of
25the PSEBA Recipient Reporting Form and the Employer Subject to

 

 

SB3197- 13 -LRB102 25208 SPS 34478 b

1the PSEBA Act Reporting Form with COGFA within 120 days after
2receipt of the Employer Subject to the PSEBA Act Reporting
3Form.
4    The first form filed with COGFA under this Section shall
5contain all information required by this Section. All forms
6filed by the employer thereafter shall set forth the required
7information for the 24-month period ending on June 30
8preceding the deadline date for filing the report.
9    Whenever possible, communication between COGFA and
10employers as required by this Act shall be through electronic
11means.
12    (c) For the purpose of creating the report required under
13subsection (d), upon receipt of each PSEBA Benefit Recipient
14Form, or as soon as reasonably practicable, COGFA shall make a
15determination of whether the PSEBA benefit recipient or the
16PSEBA benefit recipient's spouse meets one of the following
17criteria:
18        (1) the PSEBA benefit recipient or the PSEBA benefit
19    recipient's spouse is receiving health insurance from a
20    current employer, a current employer of his or her spouse,
21    or another source;
22        (2) the PSEBA benefit recipient or the PSEBA benefit
23    recipient's spouse has been offered or provided access to
24    health insurance from a current employer or employers.
25    If one or both of the criteria are met, COGFA shall make
26the following determinations of the associated costs and

 

 

SB3197- 14 -LRB102 25208 SPS 34478 b

1benefit levels of health insurance provided or offered to the
2PSEBA benefit recipient or the PSEBA benefit recipient's
3spouse:
4        (A) a description of health insurance benefit levels
5    offered to or received by the PSEBA benefit recipient or
6    the PSEBA benefit recipient's spouse from a current
7    employer or a current employer of the PSEBA benefit
8    recipient's spouse;
9        (B) the monthly premium cost of health insurance
10    benefits offered to or received by the PSEBA benefit
11    recipient or the PSEBA benefit recipient's spouse from a
12    current employer or a current employer of the PSEBA
13    benefit recipient's spouse including, but not limited to:
14            (i) the total monthly cost of the health insurance
15        premium;
16            (ii) the monthly amount of the health insurance
17        premium to be paid by the employer;
18            (iii) the monthly amount of the health insurance
19        premium to be paid by the PSEBA benefit recipient or
20        the PSEBA benefit recipient's spouse;
21            (iv) the co-pay requirements of the health
22        insurance policy;
23            (v) the out-of-pocket deductibles of the health
24        insurance policy;
25            (vi) any pharmaceutical benefits and co-pays
26        provided in the insurance policy;

 

 

SB3197- 15 -LRB102 25208 SPS 34478 b

1            (vii) any policy limits of the health insurance
2        policy.
3    COGFA shall summarize the related costs and benefit levels
4of health insurance provided or available to the PSEBA benefit
5recipient or the PSEBA benefit recipient's spouse and contrast
6the results to the cost and benefit levels of health insurance
7currently provided by the employer subject to this Act. This
8information shall be included in the report required in
9subsection (d).
10    (d) By June 1, 2014, and by January 1 of every odd-numbered
11year thereafter beginning in 2017, COGFA shall submit a report
12to the Governor and the General Assembly setting forth the
13information received under subsections (a) and (b). The report
14shall aggregate data in such a way as to not reveal the
15identity of any single beneficiary. The requirement for
16reporting to the General Assembly shall be satisfied by filing
17copies of the report as required under Section 3.1 of the
18General Assembly Organization Act, and the State Government
19Report Distribution Center for the General Assembly as
20required under paragraph (t) of Section 7 of the State Library
21Act. COGFA shall make this report available electronically on
22a publicly accessible website.
23(Source: P.A. 99-239, eff. 8-3-15; 100-1148, eff. 12-10-18.)
 
24    (820 ILCS 320/20)
25    Sec. 20. Home rule. An employer, including a home rule

 

 

SB3197- 16 -LRB102 25208 SPS 34478 b

1unit, that employs a full-time law enforcement, correctional
2or correctional probation officer, or firefighter, or
3caseworker may not provide benefits to persons covered under
4this Act in a manner inconsistent with the requirements of
5this Act. This Act is a limitation under subsection (i) of
6Section 6 of Article VII of the Illinois Constitution on the
7concurrent exercise of powers and functions exercised by the
8State.
9(Source: P.A. 90-535, eff. 11-14-97.)
 
10    (820 ILCS 320/25 new)
11    Sec. 25. Applicability. The changes made by this
12amendatory Act of the 102nd General Assembly shall apply
13retroactively to one year before the effective date of this
14amendatory Act of the 102nd General Assembly.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.