Illinois General Assembly - Full Text of SB0214
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Full Text of SB0214  103rd General Assembly


Sen. Ram Villivalam

Filed: 3/10/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 214 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Public Employee Disability Act is amended
5by changing Sections 1 as follows:
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) As used in this Section: For the purposes of this
10     "Eligible eligible employee" means any part-time or
11full-time State correctional officer or any other full or
12part-time employee of the Department of Corrections, any full
13or part-time employee of the Prisoner Review Board, any full
14or part-time employee of the Department of Human Services
15working within a penal institution or a State mental health or
16developmental disabilities facility operated by the Department



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1of Human Services, and any full-time law enforcement officer
2or full-time firefighter, including a full-time paramedic or a
3firefighter who performs paramedic duties, who is employed by
4the State of Illinois, any unit of local government (including
5any home rule unit), any State supported college or
6university, or any other public entity granted the power to
7employ persons for such purposes by law.
8     "Illness" includes any illness, disease, or condition the
9presence of which in a community results in the declaration of
10a disaster or emergency by a State, county, or municipal
12    (b) Whenever an eligible employee suffers any injury or
13illness in the line of duty which causes him to be unable to
14perform his duties, he shall continue to be paid by the
15employing public entity on the same basis as he was paid before
16the injury or illness, with no deduction from his sick leave
17credits, compensatory time for overtime accumulations or
18vacation, or service credits in a public employee pension fund
19during the time he is unable to perform his duties due to the
20result of the injury or illness, but not longer than one year
21in relation to the same injury, except as otherwise provided
22under subsection (b-5). However, no injury or illness to an
23employee of the Department of Corrections or the Prisoner
24Review Board working within a penal institution or an employee
25of the Department of Human Services working within a
26departmental mental health or developmental disabilities



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1facility shall qualify the employee for benefits under this
2Section unless the injury or illness is the direct or indirect
3result of violence by inmates of the penal institution or
4residents of the mental health or developmental disabilities
6    (b-5) Upon the occurrence of circumstances, directly or
7indirectly attributable to COVID-19, occurring on or after
8March 9, 2020 and on or before June 30, 2021 (including the
9period between December 31, 2020 and the effective date of
10this amendatory Act of the 101st General Assembly) which would
11hinder the physical recovery from an injury of an eligible
12employee within the one-year period as required under
13subsection (b), the eligible employee shall be entitled to an
14extension of no longer than 60 days by which he or she shall
15continue to be paid by the employing public entity on the same
16basis as he or she was paid before the injury. The employing
17public entity may require proof of the circumstances hindering
18an eligible employee's physical recovery before granting the
19extension provided under this subsection (b-5).
20    (c) At any time during the period for which continuing
21compensation is required by this Act, the employing public
22entity may order at the expense of that entity physical or
23medical examinations of the injured person to determine the
24degree of disability.
25    (d) During this period of disability, the injured person
26shall not be employed in any other manner, with or without



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1monetary compensation. Any person who is employed in violation
2of this paragraph forfeits the continuing compensation
3provided by this Act from the time such employment begins. Any
4salary compensation due the injured or ill person from
5workers' compensation or any salary due him from any type of
6insurance which may be carried by the employing public entity
7shall revert to that entity during the time for which
8continuing compensation is paid to him under this Act. Any
9person with a disability receiving compensation under the
10provisions of this Act shall not be entitled to any benefits
11for which he would qualify because of his disability under the
12provisions of the Illinois Pension Code.
13    (e) Any employee of the State of Illinois, as defined in
14Section 14-103.05 of the Illinois Pension Code, who becomes
15permanently unable to perform the duties of such employment
16due to an injury or illness received in the active performance
17of his duties as a State employee as a result of a willful act
18of violence by another employee of the State of Illinois, as so
19defined, committed during such other employee's course of
20employment and after January 1, 1988, shall be eligible for
21benefits pursuant to the provisions of this Section. For
22purposes of this Section, permanent disability is defined as a
23diagnosis or prognosis of an inability to return to current
24job duties by a physician licensed to practice medicine in all
25of its branches.
26    (f) The compensation and other benefits provided to



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1part-time employees covered by this Section shall be
2calculated based on the percentage of time the part-time
3employee was scheduled to work pursuant to his or her status as
4a part-time employee.
5    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
6Article VII of the Illinois Constitution, this Act
7specifically denies and limits the exercise by home rule units
8of any power which is inconsistent herewith, and all existing
9laws and ordinances which are inconsistent herewith are hereby
10superseded. This Act does not preempt the concurrent exercise
11by home rule units of powers consistent herewith.
12    This Act does not apply to any home rule unit with a
13population of over 1,000,000.
14    (h) In those cases where the injury or illness to a State
15employee for which a benefit is payable under this Act was
16caused under circumstances creating a legal liability for
17damages on the part of some person other than the State
18employer, all of the rights and privileges, including the
19right to notice of suit brought against such other person and
20the right to commence or join in such suit, as given the
21employer, together with the conditions or obligations imposed
22under paragraph (b) of Section 5 of the Workers' Compensation
23Act, are also given and granted to the State, to the end that,
24with respect to State employees only, the State may be paid or
25reimbursed for the amount of benefit paid or to be paid by the
26State to the injured employee or his or her personal



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1representative out of any judgment, settlement, or payment for
2such injury or illness obtained by such injured or ill
3employee or his or her personal representative from such other
4person by virtue of the injury or illness.
5(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20;
6101-653, eff. 2-28-21.)".