Full Text of HB1201 97th General Assembly
HB1201 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1201 Introduced 02/08/11, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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Amends the Public Safety Employee Benefits Act. Provides that the health insurance benefits provided by the Act apply without regard to whether the employee suffered a catastrophic injury or was killed in the line of duty
before, on, or after the effective date of the Act.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Safety Employee Benefits Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (820 ILCS 320/10)
| 7 | | Sec. 10. Required health coverage benefits.
| 8 | | (a) An employer who employs a full-time law enforcement, | 9 | | correctional or
correctional probation officer, or | 10 | | firefighter, who, without regard to on or after the effective
| 11 | | date of this Act suffers a catastrophic injury or is killed in | 12 | | the line of duty
shall pay the entire premium of the employer's | 13 | | health insurance plan for the
injured employee, the injured | 14 | | employee's spouse, and for each dependent child
of the injured | 15 | | employee until the child reaches the age of majority or until
| 16 | | the end of the calendar year in which the child reaches the age | 17 | | of 25 if the
child continues to be dependent for support or the | 18 | | child is a full-time or
part-time student and is dependent for | 19 | | support. The term "health insurance
plan" does not include | 20 | | supplemental benefits that are not part of the basic
group | 21 | | health insurance plan.
If the
injured employee subsequently | 22 | | dies, the employer shall continue to pay the
entire health | 23 | | insurance premium for the surviving spouse until remarried and
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| 1 | | for the dependent children under the conditions established in | 2 | | this Section.
However:
| 3 | | (1) Health insurance benefits payable from any other | 4 | | source shall reduce
benefits payable under this Section.
| 5 | | (2) It is unlawful for a person to willfully and | 6 | | knowingly make, or cause
to be made, or to assist, conspire | 7 | | with, or urge another to make, or cause to
be made, any | 8 | | false, fraudulent, or misleading oral or written statement | 9 | | to
obtain health insurance coverage as provided under this | 10 | | Section. A violation
of this item is a Class A misdemeanor.
| 11 | | (3) Upon conviction for a violation described in item | 12 | | (2), a law
enforcement, correctional or correctional | 13 | | probation officer, or other
beneficiary who receives or | 14 | | seeks to receive health insurance benefits under
this | 15 | | Section shall forfeit the right to receive health insurance | 16 | | benefits and
shall reimburse the employer for all benefits | 17 | | paid due to the fraud or other
prohibited activity. For | 18 | | purposes of this item, "conviction" means a
determination | 19 | | of guilt that is the result of a plea or trial, regardless | 20 | | of
whether adjudication is withheld.
| 21 | | (b) In order for the law enforcement, correctional or | 22 | | correctional probation
officer, firefighter, spouse, or | 23 | | dependent children to be eligible for
insurance coverage under | 24 | | this Act, the injury or death must have occurred as
the result | 25 | | of the officer's response to fresh pursuit, the officer or
| 26 | | firefighter's response to what is reasonably believed to be an |
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| 1 | | emergency, an
unlawful act perpetrated by another, or during | 2 | | the investigation of a criminal
act. Nothing in this Section | 3 | | shall be construed to limit health insurance
coverage or | 4 | | pension benefits for which the officer, firefighter, spouse, or
| 5 | | dependent children may otherwise be eligible.
| 6 | | (Source: P.A. 90-535, eff. 11-14-97.)
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