Full Text of SB0214 103rd General Assembly
SB0214sam001 103RD GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/10/2023
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| 1 | | AMENDMENT TO SENATE BILL 214
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 214 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Employee Disability Act is amended | 5 | | by 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 | 9 | | Section, | 10 | | " Eligible eligible employee" means any
part-time or | 11 | | full-time State correctional officer or any other full or
| 12 | | part-time employee of the Department of Corrections, any full | 13 | | or part-time
employee of the Prisoner Review Board, any full | 14 | | or part-time employee of the
Department of Human Services | 15 | | working within a
penal institution or a State mental health or | 16 | | developmental
disabilities facility operated by the Department |
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| 1 | | of Human Services, and any
full-time law enforcement officer | 2 | | or
full-time firefighter, including a full-time paramedic or a | 3 | | firefighter who performs paramedic duties, who is employed by | 4 | | the State of Illinois, any unit of
local government (including | 5 | | any home rule unit), any State supported college or
| 6 | | university, or any other public entity granted the power to | 7 | | employ persons for
such purposes by law.
| 8 | | "Illness" includes any illness, disease, or condition the | 9 | | presence of which in a community results in the declaration of | 10 | | a disaster or emergency by a State, county, or municipal | 11 | | official. | 12 | | (b) Whenever an eligible employee suffers any injury or | 13 | | illness in the line of duty
which causes him to be unable to | 14 | | perform his duties, he shall continue to be
paid by the | 15 | | employing public entity on the same basis as he was paid before | 16 | | the
injury or illness , with no deduction from his sick leave | 17 | | credits, compensatory time for
overtime accumulations or | 18 | | vacation, or service credits in a public employee
pension fund | 19 | | during the time he is unable to perform his duties due to the
| 20 | | result of the injury or illness , but not longer than one year | 21 | | in relation to the same
injury, except as otherwise provided | 22 | | under subsection (b-5). However, no injury or illness to an | 23 | | employee of the Department
of Corrections or
the Prisoner | 24 | | Review Board working within a penal institution or an employee | 25 | | of
the Department of Human Services working within a
| 26 | | departmental mental health or developmental disabilities |
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| 1 | | facility shall
qualify the employee for benefits under this | 2 | | Section unless the
injury or illness is the
direct or indirect | 3 | | result of violence by inmates of the penal institution or
| 4 | | residents of the mental health or developmental
disabilities | 5 | | facility.
| 6 | | (b-5) Upon the occurrence of circumstances, directly or | 7 | | indirectly attributable to COVID-19, occurring on or after | 8 | | March 9, 2020 and on or before June 30, 2021 (including the | 9 | | period between December 31, 2020 and the effective date of | 10 | | this amendatory Act of the 101st General Assembly) which would | 11 | | hinder the physical recovery from an injury of an eligible | 12 | | employee within the one-year period as required under | 13 | | subsection (b), the eligible employee shall be entitled to an | 14 | | extension of no longer than 60 days by which he or she shall | 15 | | continue to be paid by the employing public entity on the same | 16 | | basis as he or she was paid before the injury. The employing | 17 | | public entity may require proof of the circumstances hindering | 18 | | an eligible employee's physical recovery before granting the | 19 | | extension provided under this subsection (b-5). | 20 | | (c) At any time during the period for which continuing | 21 | | compensation
is required by this Act, the employing public | 22 | | entity may order at the
expense of that entity physical or | 23 | | medical examinations of the injured
person to determine the | 24 | | degree of disability.
| 25 | | (d) During this period of disability, the injured person | 26 | | shall not
be employed in any other manner, with or without |
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| 1 | | monetary compensation.
Any person who is employed in violation | 2 | | of this paragraph forfeits the
continuing compensation | 3 | | provided by this Act from the time such
employment begins. Any | 4 | | salary compensation due the injured or ill person from
| 5 | | workers' compensation or any salary due him from any type of | 6 | | insurance
which may be carried by the employing public entity | 7 | | shall revert to that
entity during the time for which | 8 | | continuing compensation is paid to him
under this Act. Any | 9 | | person with a disability receiving compensation under the
| 10 | | provisions of this Act shall not be entitled to any benefits | 11 | | for which
he would qualify because of his disability under the | 12 | | provisions of the
Illinois Pension Code.
| 13 | | (e) Any employee of the State of Illinois, as defined in | 14 | | Section 14-103.05
of the Illinois Pension Code, who becomes | 15 | | permanently unable to perform the
duties of such employment | 16 | | due to an injury or illness received in the active performance
| 17 | | of his duties as a State employee as a result of a willful act | 18 | | of violence by
another employee of the State of Illinois, as so | 19 | | defined, committed during such
other employee's course of | 20 | | employment and after January 1, 1988, shall be
eligible for | 21 | | benefits pursuant to the provisions of this Section. For | 22 | | purposes
of this Section, permanent disability is defined as a | 23 | | diagnosis or prognosis of
an inability to return to current | 24 | | job duties by a physician licensed to
practice medicine in all | 25 | | of its branches.
| 26 | | (f) The compensation and other benefits provided to |
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| 1 | | part-time employees
covered by this Section shall be | 2 | | calculated based on the percentage of time
the part-time | 3 | | employee was scheduled to work pursuant to his or her status as
| 4 | | a part-time employee.
| 5 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | 6 | | Article VII of
the Illinois Constitution, this Act | 7 | | specifically denies and limits the exercise
by home rule units | 8 | | of any power which is inconsistent herewith, and all
existing | 9 | | laws and ordinances which are inconsistent herewith are hereby
| 10 | | superseded. This Act does not preempt the concurrent exercise | 11 | | by home rule
units of powers consistent herewith.
| 12 | | This Act does not apply to any home rule unit with a | 13 | | population of over
1,000,000.
| 14 | | (h) In those cases where the injury or illness to a State | 15 | | employee for which
a benefit is payable under this Act was | 16 | | caused
under circumstances creating a legal liability for | 17 | | damages on the part
of some person other than the State | 18 | | employer, all of the rights
and privileges, including the | 19 | | right to notice of suit brought against
such other person and | 20 | | the right to commence or join in such suit, as
given the | 21 | | employer, together with the conditions or obligations imposed
| 22 | | under paragraph (b) of Section 5 of the Workers' Compensation | 23 | | Act,
are also given and granted to the State, to the end that, | 24 | | with respect to State employees only, the State
may be paid or | 25 | | reimbursed for the amount of
benefit paid or
to be paid by the
| 26 | | State to the injured employee or his or her personal |
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| 1 | | representative out of any
judgment, settlement, or payment
for | 2 | | such injury or illness obtained by such injured or ill | 3 | | employee or his
or her personal representative from such other | 4 | | person by virtue of the injury or illness . | 5 | | (Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20; | 6 | | 101-653, eff. 2-28-21.)".
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