Full Text of HB5083 103rd General Assembly
HB5083eng 103RD GENERAL ASSEMBLY | | | HB5083 Engrossed | | LRB103 37713 SPS 67840 b |
|
| 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 Employee Disability Act is amended | 5 | | by changing Sections 1 and 2 as follows: | 6 | | (5 ILCS 345/1) (from Ch. 70, par. 91) | 7 | | Sec. 1. Disability benefit. | 8 | | (a) For the purposes of this Section, "eligible employee" | 9 | | means any part-time or full-time State correctional officer or | 10 | | any other full or part-time employee of the Department of | 11 | | Corrections, any full or part-time employee of the Prisoner | 12 | | Review Board, any full or part-time employee of the Department | 13 | | of Human Services working within a penal institution or a | 14 | | State mental health or developmental disabilities facility | 15 | | operated by the Department of Human Services, and any | 16 | | full-time law enforcement officer or full-time firefighter, | 17 | | including a full-time paramedic or a firefighter who performs | 18 | | paramedic duties, who is employed by the State of Illinois, | 19 | | any unit of local government (including any home rule unit), | 20 | | any State supported college or university, or any other public | 21 | | entity granted the power to employ persons for such purposes | 22 | | by law , and any full-time mental health professional employed | 23 | | and dispatched by any unit of local government, including any |
| | | HB5083 Engrossed | - 2 - | LRB103 37713 SPS 67840 b |
|
| 1 | | home rule unit, to respond to crisis calls received on public | 2 | | emergency service lines instead of or in conjunction with law | 3 | | enforcement . | 4 | | (b) Whenever an eligible employee suffers any injury in | 5 | | the line of duty which causes him to be unable to perform his | 6 | | duties, he shall continue to be paid by the employing public | 7 | | entity on the same basis as he was paid before the injury, with | 8 | | no deduction from his sick leave credits, compensatory time | 9 | | for overtime accumulations or vacation, or service credits in | 10 | | a public employee pension fund during the time he is unable to | 11 | | perform his duties due to the result of the injury, but not | 12 | | longer than one year in relation to the same injury, except as | 13 | | otherwise provided under subsection (b-5). However, no injury | 14 | | to an employee of the Department of Corrections or the | 15 | | Prisoner Review Board working within a penal institution or an | 16 | | employee of the Department of Human Services working within a | 17 | | departmental mental health or developmental disabilities | 18 | | facility shall qualify the employee for benefits under this | 19 | | Section unless the injury is the direct or indirect result of | 20 | | violence by inmates of the penal institution or residents of | 21 | | the mental health or developmental disabilities facility. | 22 | | (b-5) Upon the occurrence of circumstances, directly or | 23 | | indirectly attributable to COVID-19, occurring on or after | 24 | | March 9, 2020 and on or before June 30, 2021 (including the | 25 | | period between December 31, 2020 and the effective date of | 26 | | this amendatory Act of the 101st General Assembly) which would |
| | | HB5083 Engrossed | - 3 - | LRB103 37713 SPS 67840 b |
|
| 1 | | hinder the physical recovery from an injury of an eligible | 2 | | employee within the one-year period as required under | 3 | | subsection (b), the eligible employee shall be entitled to an | 4 | | extension of no longer than 60 days by which he or she shall | 5 | | continue to be paid by the employing public entity on the same | 6 | | basis as he or she was paid before the injury. The employing | 7 | | public entity may require proof of the circumstances hindering | 8 | | an eligible employee's physical recovery before granting the | 9 | | extension provided under this subsection (b-5). | 10 | | (c) At any time during the period for which continuing | 11 | | compensation is required by this Act, the employing public | 12 | | entity may order at the expense of that entity physical or | 13 | | medical examinations of the injured person to determine the | 14 | | degree of disability. | 15 | | (d) During this period of disability, the injured person | 16 | | shall not be employed in any other manner, with or without | 17 | | monetary compensation. Any person who is employed in violation | 18 | | of this paragraph forfeits the continuing compensation | 19 | | provided by this Act from the time such employment begins. Any | 20 | | salary compensation due the injured person from workers' | 21 | | compensation or any salary due him from any type of insurance | 22 | | which may be carried by the employing public entity shall | 23 | | revert to that entity during the time for which continuing | 24 | | compensation is paid to him under this Act. Any person with a | 25 | | disability receiving compensation under the provisions of this | 26 | | Act shall not be entitled to any benefits for which he would |
| | | HB5083 Engrossed | - 4 - | LRB103 37713 SPS 67840 b |
|
| 1 | | qualify because of his disability under the provisions of the | 2 | | Illinois Pension Code. | 3 | | (e) Any employee of the State of Illinois, as defined in | 4 | | Section 14-103.05 of the Illinois Pension Code, who becomes | 5 | | permanently unable to perform the duties of such employment | 6 | | due to an injury received in the active performance of his | 7 | | duties as a State employee as a result of a willful act of | 8 | | violence by another employee of the State of Illinois, as so | 9 | | defined, committed during such other employee's course of | 10 | | employment and after January 1, 1988, shall be eligible for | 11 | | benefits pursuant to the provisions of this Section. For | 12 | | purposes of this Section, permanent disability is defined as a | 13 | | diagnosis or prognosis of an inability to return to current | 14 | | job duties by a physician licensed to practice medicine in all | 15 | | of its branches. | 16 | | (f) The compensation and other benefits provided to | 17 | | part-time employees covered by this Section shall be | 18 | | calculated based on the percentage of time the part-time | 19 | | employee was scheduled to work pursuant to his or her status as | 20 | | a part-time employee. | 21 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | 22 | | Article VII of the Illinois Constitution, this Act | 23 | | specifically denies and limits the exercise by home rule units | 24 | | of any power which is inconsistent herewith, and all existing | 25 | | laws and ordinances which are inconsistent herewith are hereby | 26 | | superseded. This Act does not preempt the concurrent exercise |
| | | HB5083 Engrossed | - 5 - | LRB103 37713 SPS 67840 b |
|
| 1 | | by home rule units of powers consistent herewith. | 2 | | This Act does not apply to any home rule unit with a | 3 | | population of over 1,000,000. | 4 | | (h) In those cases where the injury to a State employee for | 5 | | which a benefit is payable under this Act was caused under | 6 | | circumstances creating a legal liability for damages on the | 7 | | part of some person other than the State employer, all of the | 8 | | rights and privileges, including the right to notice of suit | 9 | | brought against such other person and the right to commence or | 10 | | join in such suit, as given the employer, together with the | 11 | | conditions or obligations imposed under paragraph (b) of | 12 | | Section 5 of the Workers' Compensation Act, are also given and | 13 | | granted to the State, to the end that, with respect to State | 14 | | employees only, the State may be paid or reimbursed for the | 15 | | amount of benefit paid or to be paid by the State to the | 16 | | injured employee or his or her personal representative out of | 17 | | any judgment, settlement, or payment for such injury obtained | 18 | | by such injured employee or his or her personal representative | 19 | | from such other person by virtue of the injury. | 20 | | (Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20; | 21 | | 101-653, eff. 2-28-21.) | 22 | | (5 ILCS 345/2) | 23 | | Sec. 2. Illness disability benefit. | 24 | | (a) As used in this Section: | 25 | | "Eligible employee" means any full-time law enforcement |
| | | HB5083 Engrossed | - 6 - | LRB103 37713 SPS 67840 b |
|
| 1 | | officer , any or full-time firefighter, including a full-time | 2 | | paramedic or a firefighter who performs paramedic duties, who | 3 | | is employed by any unit of local government, including any | 4 | | home rule unit , and any full-time mental health professional | 5 | | employed and dispatched by any unit of local government, | 6 | | including any home rule unit, to respond to crisis calls | 7 | | received on public emergency service lines instead of or in | 8 | | conjunction with law enforcement . | 9 | | "Illness" means any illness, disease, or condition the | 10 | | presence of which in a community results in the declaration of | 11 | | a disaster or emergency by a State, county, or municipal | 12 | | official. | 13 | | (b) Whenever an eligible employee suffers an illness in | 14 | | the line of duty which causes the employee to be unable to | 15 | | perform the employee's duties, the employee shall continue to | 16 | | be paid by the employing public entity on the same basis as the | 17 | | employee was paid before the illness, with no deduction from | 18 | | the employee's sick leave credits, compensatory time for | 19 | | overtime accumulations or vacation, or service credits in a | 20 | | public pension fund during the time the employee is unable to | 21 | | perform the employee's duties due to the result of the | 22 | | illness, but not longer than one year in relation to the same | 23 | | illness. | 24 | | (c) At any time during the period for which continuing | 25 | | compensation is required by this Act, the employing public | 26 | | entity may order at the expense of that entity physical or |
| | | HB5083 Engrossed | - 7 - | LRB103 37713 SPS 67840 b |
|
| 1 | | medical examinations of the ill person to determine the degree | 2 | | of disability. | 3 | | (d) During this period of disability, the ill person shall | 4 | | not be employed in any other manner, with or without a monetary | 5 | | compensation. Any person who is employed in violation of this | 6 | | subsection forfeits the continuing compensation provided by | 7 | | this Act from the time such employment begins. Any salary | 8 | | compensation due to the ill person from workers' compensation | 9 | | or any salary due to the employee from any type of insurance | 10 | | which may be carried by the employing public entity shall | 11 | | revert to that entity during the time for which continuing | 12 | | compensation is paid to the employee under this Act. Any | 13 | | person with a disability receiving compensation under the | 14 | | provisions of this Act shall not be entitled to any benefits | 15 | | for which the employee would qualify because of the employee's | 16 | | disability under the provisions of the Illinois Pension Code. | 17 | | (e) Pursuant to paragraphs (h) and (i) of Section 6 of | 18 | | Article VII of the Illinois Constitution, this Act | 19 | | specifically denies and limits the exercise by home rule units | 20 | | of any power which is inconsistent herewith, and all existing | 21 | | laws and ordinances which are inconsistent herewith are hereby | 22 | | superseded. This Act does not preempt the concurrent exercise | 23 | | by home rule units of powers consistent herewith. | 24 | | This Act does not apply to any home rule unit with a | 25 | | population of over 1,000,000. | 26 | | (Source: P.A. 103-63, eff. 1-1-24 .) |
| | | HB5083 Engrossed | - 8 - | LRB103 37713 SPS 67840 b |
|
| 1 | | Section 10. The Line of Duty Compensation Act is amended | 2 | | by changing Sections 2, 3, 3.5, and 4 as follows: | 3 | | (820 ILCS 315/2) (from Ch. 48, par. 282) | 4 | | Sec. 2. As used in this Act, unless the context otherwise | 5 | | requires: | 6 | | (a) "Law enforcement officer" or "officer" means any | 7 | | person employed by the State or a local governmental entity as | 8 | | a policeman, peace officer, auxiliary policeman or in some | 9 | | like position involving the enforcement of the law and | 10 | | protection of the public interest at the risk of that person's | 11 | | life. This includes supervisors, wardens, superintendents and | 12 | | their assistants, guards and keepers, correctional officers, | 13 | | youth supervisors, parole agents, aftercare specialists, | 14 | | school teachers and correctional counsellors in all facilities | 15 | | of both the Department of Corrections and the Department of | 16 | | Juvenile Justice, while within the facilities under the | 17 | | control of the Department of Corrections or the Department of | 18 | | Juvenile Justice or in the act of transporting inmates or | 19 | | wards from one location to another or while performing their | 20 | | official duties, and all other Department of Correction or | 21 | | Department of Juvenile Justice employees who have daily | 22 | | contact with inmates. For the purposes of this Act, "law | 23 | | enforcement officer" or "officer" also means a probation | 24 | | officer, as defined in Section 9b of the Probation and |
| | | HB5083 Engrossed | - 9 - | LRB103 37713 SPS 67840 b |
|
| 1 | | Probation Officers Act. | 2 | | The death of the foregoing employees of the Department of | 3 | | Corrections or the Department of Juvenile Justice in order to | 4 | | be included herein must be by the direct or indirect willful | 5 | | act of an inmate, ward, work-releasee, parolee, aftercare | 6 | | releasee, parole violator, aftercare release violator, person | 7 | | under conditional release, or any person sentenced or | 8 | | committed, or otherwise subject to confinement in or to the | 9 | | Department of Corrections or the Department of Juvenile | 10 | | Justice. | 11 | | (b) "Fireman" means any person employed by the State or a | 12 | | local governmental entity as, or otherwise serving as, a | 13 | | member or officer of a fire department either for the purpose | 14 | | of the prevention or control of fire or the underwater | 15 | | recovery of drowning victims, including volunteer firemen. | 16 | | (c) "Local governmental entity" includes counties, | 17 | | municipalities and municipal corporations. | 18 | | (d) "State" means the State of Illinois and its | 19 | | departments, divisions, boards, bureaus, commissions, | 20 | | authorities and colleges and universities. | 21 | | (e) "Killed in the line of duty" means losing one's life as | 22 | | a result of injury received in the active performance of | 23 | | duties as a law enforcement officer, civil defense worker, | 24 | | civil air patrol member, paramedic, fireman, mental health | 25 | | professional, or chaplain if the death occurs within one year | 26 | | from the date the injury was received and if that injury arose |
| | | HB5083 Engrossed | - 10 - | LRB103 37713 SPS 67840 b |
|
| 1 | | from violence or other accidental cause. In the case of a State | 2 | | employee, "killed in the line of duty" means losing one's life | 3 | | as a result of injury received in the active performance of | 4 | | one's duties as a State employee, if the death occurs within | 5 | | one year from the date the injury was received and if that | 6 | | injury arose from a willful act of violence by another State | 7 | | employee committed during such other employee's course of | 8 | | employment and after January 1, 1988. The term excludes death | 9 | | resulting from the willful misconduct or intoxication of the | 10 | | officer, civil defense worker, civil air patrol member, | 11 | | paramedic, fireman, mental health professional, chaplain, or | 12 | | State employee. However, the burden of proof of such willful | 13 | | misconduct or intoxication of the officer, civil defense | 14 | | worker, civil air patrol member, paramedic, fireman, mental | 15 | | health professional, chaplain, or State employee is on the | 16 | | Attorney General. Subject to the conditions set forth in | 17 | | subsection (a) with respect to inclusion under this Act of | 18 | | Department of Corrections and Department of Juvenile Justice | 19 | | employees described in that subsection, for the purposes of | 20 | | this Act, instances in which a law enforcement officer | 21 | | receives an injury in the active performance of duties as a law | 22 | | enforcement officer include but are not limited to instances | 23 | | when: | 24 | | (1) the injury is received as a result of a wilful act | 25 | | of violence committed other than by the officer and a | 26 | | relationship exists between the commission of such act and |
| | | HB5083 Engrossed | - 11 - | LRB103 37713 SPS 67840 b |
|
| 1 | | the officer's performance of his duties as a law | 2 | | enforcement officer, whether or not the injury is received | 3 | | while the officer is on duty as a law enforcement officer; | 4 | | (2) the injury is received by the officer while the | 5 | | officer is attempting to prevent the commission of a | 6 | | criminal act by another or attempting to apprehend an | 7 | | individual the officer suspects has committed a crime, | 8 | | whether or not the injury is received while the officer is | 9 | | on duty as a law enforcement officer; | 10 | | (3) the injury is received by the officer while the | 11 | | officer is travelling to or from his employment as a law | 12 | | enforcement officer or during any meal break, or other | 13 | | break, which takes place during the period in which the | 14 | | officer is on duty as a law enforcement officer. | 15 | | In the case of an Armed Forces member, "killed in the line | 16 | | of duty" means losing one's life while on active duty in | 17 | | connection with the September 11, 2001 terrorist attacks on | 18 | | the United States, Operation Enduring Freedom, Operation | 19 | | Freedom's Sentinel, Operation Iraqi Freedom, Operation New | 20 | | Dawn, or Operation Inherent Resolve. | 21 | | (f) "Volunteer fireman" means a person having principal | 22 | | employment other than as a fireman, but who is carried on the | 23 | | rolls of a regularly constituted fire department either for | 24 | | the purpose of the prevention or control of fire or the | 25 | | underwater recovery of drowning victims, the members of which | 26 | | are under the jurisdiction of the corporate authorities of a |
| | | HB5083 Engrossed | - 12 - | LRB103 37713 SPS 67840 b |
|
| 1 | | city, village, incorporated town, or fire protection district, | 2 | | and includes a volunteer member of a fire department organized | 3 | | under the "General Not for Profit Corporation Act", approved | 4 | | July 17, 1943, as now or hereafter amended, which is under | 5 | | contract with any city, village, incorporated town, fire | 6 | | protection district, or persons residing therein, for fire | 7 | | fighting services. "Volunteer fireman" does not mean an | 8 | | individual who volunteers assistance without being regularly | 9 | | enrolled as a fireman. | 10 | | (g) "Civil defense worker" means any person employed by | 11 | | the State or a local governmental entity as, or otherwise | 12 | | serving as, a member of a civil defense work force, including | 13 | | volunteer civil defense work forces engaged in serving the | 14 | | public interest during periods of disaster, whether natural or | 15 | | man-made. | 16 | | (h) "Civil air patrol member" means any person employed by | 17 | | the State or a local governmental entity as, or otherwise | 18 | | serving as, a member of the organization commonly known as the | 19 | | "Civil Air Patrol", including volunteer members of the | 20 | | organization commonly known as the "Civil Air Patrol". | 21 | | (i) "Paramedic" means an Emergency Medical | 22 | | Technician-Paramedic certified by the Illinois Department of | 23 | | Public Health under the Emergency Medical Services (EMS) | 24 | | Systems Act, and all other emergency medical personnel | 25 | | certified by the Illinois Department of Public Health who are | 26 | | members of an organized body or not-for-profit corporation |
| | | HB5083 Engrossed | - 13 - | LRB103 37713 SPS 67840 b |
|
| 1 | | under the jurisdiction of a city, village, incorporated town, | 2 | | fire protection district or county, that provides emergency | 3 | | medical treatment to persons of a defined geographical area. | 4 | | (j) "State employee" means any employee as defined in | 5 | | Section 14-103.05 of the Illinois Pension Code, as now or | 6 | | hereafter amended. | 7 | | (k) "Chaplain" means an individual who: | 8 | | (1) is a chaplain of (i) a fire department or (ii) a | 9 | | police department or other agency consisting of law | 10 | | enforcement officers; and | 11 | | (2) has been designated a chaplain by (i) the fire | 12 | | department, police department, or other agency or an | 13 | | officer or body having jurisdiction over the department or | 14 | | agency or (ii) a labor organization representing the | 15 | | firemen or law enforcement officers. | 16 | | (l) "Armed Forces member" means an Illinois resident who | 17 | | is: a member of the Armed Forces of the United States; a member | 18 | | of the Illinois National Guard while on active military | 19 | | service pursuant to an order of the President of the United | 20 | | States; or a member of any reserve component of the Armed | 21 | | Forces of the United States while on active military service | 22 | | pursuant to an order of the President of the United States. | 23 | | (m) "Mental health professional" means any person employed | 24 | | and dispatched by a unit of local government to respond to | 25 | | crisis calls received on public emergency service lines | 26 | | instead of or in conjunction with law enforcement. |
| | | HB5083 Engrossed | - 14 - | LRB103 37713 SPS 67840 b |
|
| 1 | | (Source: P.A. 102-221, eff. 1-1-22 .) | 2 | | (820 ILCS 315/3) (from Ch. 48, par. 283) | 3 | | Sec. 3. Duty death benefit. | 4 | | (a) If a claim therefor is made within 2 years of the date | 5 | | of death of a law enforcement officer, civil defense worker, | 6 | | civil air patrol member, paramedic, fireman, chaplain, mental | 7 | | health professional, or State employee killed in the line of | 8 | | duty, or if a claim therefor is made within 2 years of the date | 9 | | of death of an Armed Forces member killed in the line of duty, | 10 | | compensation shall be paid to the person designated by the law | 11 | | enforcement officer, civil defense worker, civil air patrol | 12 | | member, paramedic, fireman, chaplain, mental health | 13 | | professional, State employee, or Armed Forces member. However, | 14 | | if the Armed Forces member was killed in the line of duty | 15 | | before October 18, 2004, the claim must be made within one year | 16 | | of October 18, 2004. In addition, if a death occurred after | 17 | | December 31, 2016 and before January 1, 2021, the claim may be | 18 | | made no later than December 31, 2022 notwithstanding any other | 19 | | deadline established under this Act with respect to filing a | 20 | | claim for a duty death benefit. | 21 | | (b) The amount of compensation, except for an Armed Forces | 22 | | member, shall be $10,000 if the death in the line of duty | 23 | | occurred prior to January 1, 1974; $20,000 if such death | 24 | | occurred after December 31, 1973 and before July 1, 1983; | 25 | | $50,000 if such death occurred on or after July 1, 1983 and |
| | | HB5083 Engrossed | - 15 - | LRB103 37713 SPS 67840 b |
|
| 1 | | before January 1, 1996; $100,000 if the death occurred on or | 2 | | after January 1, 1996 and before May 18, 2001; $118,000 if the | 3 | | death occurred on or after May 18, 2001 and before July 1, | 4 | | 2002; and $259,038 if the death occurred on or after July 1, | 5 | | 2002 and before January 1, 2003. For an Armed Forces member | 6 | | killed in the line of duty (i) at any time before January 1, | 7 | | 2005, the compensation is $259,038 plus amounts equal to the | 8 | | increases for 2003 and 2004 determined under subsection (c) | 9 | | and (ii) on or after January 1, 2005, the compensation is the | 10 | | amount determined under item (i) plus the applicable increases | 11 | | for 2005 and thereafter determined under subsection (c). | 12 | | (c) Except as provided in subsection (b), for deaths | 13 | | occurring on or after January 1, 2003, the death compensation | 14 | | rate for death in the line of duty occurring in a particular | 15 | | calendar year shall be the death compensation rate for death | 16 | | occurring in the previous calendar year (or in the case of | 17 | | deaths occurring in 2003, the rate in effect on December 31, | 18 | | 2002) increased by a percentage thereof equal to the | 19 | | percentage increase, if any, in the index known as the | 20 | | Consumer Price Index for All Urban Consumers: U.S. city | 21 | | average, unadjusted, for all items, as published by the United | 22 | | States Department of Labor, Bureau of Labor Statistics, for | 23 | | the 12 months ending with the month of June of that previous | 24 | | calendar year. | 25 | | (d) If no beneficiary is designated or if no designated | 26 | | beneficiary survives at the death of the law enforcement |
| | | HB5083 Engrossed | - 16 - | LRB103 37713 SPS 67840 b |
|
| 1 | | officer, civil defense worker, civil air patrol member, | 2 | | paramedic, fireman, mental health professional, chaplain, or | 3 | | State employee killed in the line of duty, the compensation | 4 | | shall be paid in accordance with a legally binding will left by | 5 | | the law enforcement officer, civil defense worker, civil air | 6 | | patrol member, paramedic, fireman, mental health professional, | 7 | | chaplain, or State employee. If the law enforcement officer, | 8 | | civil defense worker, civil air patrol member, paramedic, | 9 | | fireman, mental health professional, chaplain, or State | 10 | | employee did not leave a legally binding will, the | 11 | | compensation shall be paid as follows: | 12 | | (1) when there is a surviving spouse, the entire sum | 13 | | shall be paid to the spouse; | 14 | | (2) when there is no surviving spouse, but a surviving | 15 | | descendant of the decedent, the entire sum shall be paid | 16 | | to the decedent's descendants per stirpes; | 17 | | (3) when there is neither a surviving spouse nor a | 18 | | surviving descendant, the entire sum shall be paid to the | 19 | | parents of the decedent in equal parts, allowing to the | 20 | | surviving parent, if one is dead, the entire sum; and | 21 | | (4) when there is no surviving spouse, descendant or | 22 | | parent of the decedent, but there are surviving brothers | 23 | | or sisters, or descendants of a brother or sister, who | 24 | | were receiving their principal support from the decedent | 25 | | at his death, the entire sum shall be paid, in equal parts, | 26 | | to the dependent brothers or sisters or dependent |
| | | HB5083 Engrossed | - 17 - | LRB103 37713 SPS 67840 b |
|
| 1 | | descendant of a brother or sister. Dependency shall be | 2 | | determined by the Court of Claims based upon the | 3 | | investigation and report of the Attorney General. | 4 | | The changes made to this subsection (d) by this amendatory Act | 5 | | of the 94th General Assembly apply to any pending case as long | 6 | | as compensation has not been paid to any party before the | 7 | | effective date of this amendatory Act of the 94th General | 8 | | Assembly. | 9 | | (d-1) For purposes of subsection (d), in the case of a | 10 | | person killed in the line of duty who was born out of wedlock | 11 | | and was not an adoptive child at the time of the person's | 12 | | death, a person shall be deemed to be a parent of the person | 13 | | killed in the line of duty only if that person would be an | 14 | | eligible parent, as defined in Section 2-2 of the Probate Act | 15 | | of 1975, of the person killed in the line of duty. This | 16 | | subsection (d-1) applies to any pending claim if compensation | 17 | | was not paid to the claimant of the pending claim before the | 18 | | effective date of this amendatory Act of the 94th General | 19 | | Assembly. | 20 | | (d-2) If no beneficiary is designated or if no designated | 21 | | beneficiary survives at the death of the Armed Forces member | 22 | | killed in the line of duty, the compensation shall be paid in | 23 | | entirety according to the designation made on the most recent | 24 | | version of the Armed Forces member's Servicemembers' Group | 25 | | Life Insurance Election and Certificate ("SGLI"). | 26 | | If no SGLI form exists at the time of the Armed Forces |
| | | HB5083 Engrossed | - 18 - | LRB103 37713 SPS 67840 b |
|
| 1 | | member's death, the compensation shall be paid in accordance | 2 | | with a legally binding will left by the Armed Forces member. | 3 | | If no SGLI form exists for the Armed Forces member and the | 4 | | Armed Forces member did not leave a legally binding will, the | 5 | | compensation shall be paid to the persons and in the priority | 6 | | as set forth in paragraphs (1) through (4) of subsection (d) of | 7 | | this Section. | 8 | | This subsection (d-2) applies to any pending case as long | 9 | | as compensation has not been paid to any party before the | 10 | | effective date of this amendatory Act of the 94th General | 11 | | Assembly. | 12 | | (e) If there is no beneficiary designated or if no | 13 | | designated beneficiary survives at the death of the law | 14 | | enforcement officer, civil defense worker, civil air patrol | 15 | | member, paramedic, fireman, mental health professional, | 16 | | chaplain, State employee, or Armed Forces member killed in the | 17 | | line of duty and there is no other person or entity to whom | 18 | | compensation is payable under this Section, no compensation | 19 | | shall be payable under this Act. | 20 | | (f) No part of such compensation may be paid to any other | 21 | | person for any efforts in securing such compensation. | 22 | | (g) This amendatory Act of the 93rd General Assembly | 23 | | applies to claims made on or after October 18, 2004 with | 24 | | respect to an Armed Forces member killed in the line of duty. | 25 | | (h) In any case for which benefits have not been paid | 26 | | within 6 months of the claim being filed in accordance with |
| | | HB5083 Engrossed | - 19 - | LRB103 37713 SPS 67840 b |
|
| 1 | | this Section, which is pending as of the effective date of this | 2 | | amendatory Act of the 96th General Assembly, and in which | 3 | | there are 2 or more beneficiaries, at least one of whom would | 4 | | receive at least a portion of the total benefit regardless of | 5 | | the manner in which the Court of Claims resolves the claim, the | 6 | | Court shall direct the Comptroller to pay the minimum amount | 7 | | of money which the determinate beneficiary would receive | 8 | | together with all interest payment penalties which have | 9 | | accrued on that portion of the award being paid within 30 days | 10 | | of the effective date of this amendatory Act of the 96th | 11 | | General Assembly. For purposes of this subsection (h), | 12 | | "determinate beneficiary" means the beneficiary who would | 13 | | receive any portion of the total benefit claimed regardless of | 14 | | the manner in which the Court of Claims adjudicates the claim. | 15 | | (i) The Court of Claims shall ensure that all individuals | 16 | | who have filed an application to claim the duty death benefit | 17 | | for a deceased member of the Armed Forces pursuant to this | 18 | | Section or for a fireman pursuant to this Section, or their | 19 | | designated representative, shall have access, on a timely | 20 | | basis and in an efficient manner, to all information related | 21 | | to the court's consideration, processing, or adjudication of | 22 | | the claim, including, but not limited to, the following: | 23 | | (1) a reliable estimate of when the Court of Claims | 24 | | will adjudicate the claim, or if the Court cannot estimate | 25 | | when it will adjudicate the claim, a full written | 26 | | explanation of the reasons for this inability; and |
| | | HB5083 Engrossed | - 20 - | LRB103 37713 SPS 67840 b |
|
| 1 | | (2) a reliable estimate, based upon consultation with | 2 | | the Comptroller, of when the benefit will be paid to the | 3 | | claimant. | 4 | | (j) The Court of Claims shall send written notice to all | 5 | | claimants within 2 weeks of the initiation of a claim | 6 | | indicating whether or not the application is complete. For | 7 | | purposes of this subsection (j), an application is complete if | 8 | | a claimant has submitted to the Court of Claims all documents | 9 | | and information the Court requires for adjudicating and paying | 10 | | the benefit amount. For purposes of this subsection (j), a | 11 | | claim for the duty death benefit is initiated when a claimant | 12 | | submits any of the application materials required for | 13 | | adjudicating the claim to the Court of Claims. In the event a | 14 | | claimant's application is incomplete, the Court shall include | 15 | | in its written notice a list of the information or documents | 16 | | which the claimant must submit in order for the application to | 17 | | be complete. In no case may the Court of Claims deny a claim | 18 | | and subsequently re-adjudicate the same claim for the purpose | 19 | | of evading or reducing the interest penalty payment amount | 20 | | payable to any claimant. | 21 | | (Source: P.A. 102-215, eff. 7-30-21; 103-8, eff. 6-7-23.) | 22 | | (820 ILCS 315/3.5) | 23 | | Sec. 3.5. Burial benefit. A burial benefit of up to a | 24 | | maximum of $20,000 shall be payable to the surviving spouse or | 25 | | estate of a law enforcement officer , mental health |
| | | HB5083 Engrossed | - 21 - | LRB103 37713 SPS 67840 b |
|
| 1 | | professional, or fireman who is killed in the line of duty | 2 | | after June 30, 2018. | 3 | | The Attorney General and the Court of Claims may jointly | 4 | | adopt rules and procedures for the implementation of this | 5 | | Section. | 6 | | (Source: P.A. 101-28, eff. 1-1-20 .) | 7 | | (820 ILCS 315/4) (from Ch. 48, par. 284) | 8 | | Sec. 4. Notwithstanding Section 3, no compensation is | 9 | | payable under this Act unless a claim therefor is filed, | 10 | | within the time specified by that Section with the Court of | 11 | | Claims on an application prescribed and furnished by the | 12 | | Attorney General and setting forth: | 13 | | (a) the name, address and title or designation of the | 14 | | position in which the officer, civil defense worker, civil | 15 | | air patrol member, paramedic, fireman, chaplain, State | 16 | | employee, or Armed Forces member was serving at the time | 17 | | of his death; | 18 | | (b) the names and addresses of person or persons | 19 | | designated by the officer, civil defense worker, civil air | 20 | | patrol member, paramedic, fireman, chaplain, mental health | 21 | | professional, State employee, or Armed Forces member to | 22 | | receive the compensation and, if more than one, the | 23 | | percentage or share to be paid to each such person, or if | 24 | | there has been no such designation, the name and address | 25 | | of the personal representative of the estate of the |
| | | HB5083 Engrossed | - 22 - | LRB103 37713 SPS 67840 b |
|
| 1 | | officer, civil defense worker, civil air patrol member, | 2 | | paramedic, fireman, mental health professional, chaplain, | 3 | | State employee, or Armed Forces member; | 4 | | (c) a full, factual account of the circumstances | 5 | | resulting in or the course of events causing the death of | 6 | | the officer, civil defense worker, civil air patrol | 7 | | member, paramedic, fireman, mental health professional, | 8 | | chaplain, State employee, or Armed Forces member; and | 9 | | (d) such other information as the Court of Claims | 10 | | reasonably requires. | 11 | | When a claim is filed, the Attorney General shall make an | 12 | | investigation for substantiation of matters set forth in such | 13 | | an application. | 14 | | For the 2 years immediately following the effective date | 15 | | of this amendatory act of the 96th General Assembly, the Court | 16 | | of Claims shall direct the Comptroller to pay a | 17 | | "Modified-Eligibility Line of Duty Benefit" to eligible late | 18 | | claimants who file a claim for the benefit. A claim for a | 19 | | Modified-Eligibility Line of Duty Benefit must include all the | 20 | | application materials and documents required for all other | 21 | | claims payable under this Act, except as otherwise provided in | 22 | | this Section 4. For purposes of this Section 4 only, an | 23 | | "eligible late claimant" is a person who would have been | 24 | | eligible, at any time after September 11, 2001, to apply for | 25 | | and receive payment of a claim pursuant to this Act in | 26 | | connection with the death of an Armed Forces member killed in |
| | | HB5083 Engrossed | - 23 - | LRB103 37713 SPS 67840 b |
|
| 1 | | the line of duty or a fireman killed in the line of duty, but | 2 | | did not receive the award payment because: | 3 | | (1) the claim was rejected only because the claim was | 4 | | not filed within the time limitation set forth in | 5 | | subsection (a) of Section 3 of this Act; or | 6 | | (2) having met all other preconditions for applying | 7 | | for and receiving the award payment, the claimant did not | 8 | | file a claim because the claim would not have been filed | 9 | | within the time limitation set forth in subsection (a) of | 10 | | Section 3 of this Act. For purposes of this Section 4 only, | 11 | | the "Modified-Eligibility Line of Duty Benefit" is an | 12 | | amount of money payable to eligible late claimants equal | 13 | | to the amount set forth in Section 3 of this Act payable to | 14 | | claimants seeking payment of awards under Section 3 of | 15 | | this Act for claims made thereunder in the year in which | 16 | | the claim for the Modified-Eligibility Line of Duty | 17 | | Benefit is made. Within 6 months of receiving a complete | 18 | | claim for the Modified-Eligibility Line of Duty Benefit, | 19 | | the Court of Claims must direct the Comptroller to pay the | 20 | | benefit amount to the eligible late claimant. | 21 | | (Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.) | 22 | | Section 15. The Public Safety Employee Benefits Act is | 23 | | amended by changing Section 3 as follows: | 24 | | (820 ILCS 320/3) |
| | | HB5083 Engrossed | - 24 - | LRB103 37713 SPS 67840 b |
|
| 1 | | Sec. 3. Definition. For the purposes of this Act, the term | 2 | | "firefighter" includes, without limitation, a licensed | 3 | | emergency medical technician (EMT) who is a sworn member of a | 4 | | public fire department, a paramedic employed by a unit of | 5 | | local government, or an EMT, emergency medical | 6 | | technician-intermediate (EMT-I), or advanced emergency medical | 7 | | technician (A-EMT) employed by a unit of local government. | 8 | | For the purposes of this Act, the term "health insurance | 9 | | plan" is limited to the insurance plan options that are | 10 | | codified in the employee's collective bargaining agreement. If | 11 | | the collective bargaining agreement is silent on plan options, | 12 | | the available plans for the employee shall be negotiated with | 13 | | the authorized representative and subject to the grievance | 14 | | process. | 15 | | For the purposes of this Act, the term "full-time law | 16 | | enforcement" includes mental health professionals employed and | 17 | | dispatched by a unit of local government to respond to crisis | 18 | | calls received on public emergency service lines instead of or | 19 | | in conjunction with law enforcement. | 20 | | (Source: P.A. 102-439, eff. 1-1-22 .) |
|