Full Text of HB5287 96th General Assembly
HB5287 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5287
Introduced 2/3/2010, 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 |
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A BILL FOR
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HB5287 |
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LRB096 18735 RLC 34120 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Safety Employee Benefits Act is | 5 |
| amended by changing Section 10 as follows:
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| (820 ILCS 320/10)
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| Sec. 10. Required health coverage benefits.
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| (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
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| 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
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| 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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HB5287 |
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LRB096 18735 RLC 34120 b |
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| for the dependent children under the conditions established in | 2 |
| this Section.
However:
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| (1) Health insurance benefits payable from any other | 4 |
| source shall reduce
benefits payable under this Section.
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| (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.
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| (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.
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| (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
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| firefighter's response to what is reasonably believed to be an |
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HB5287 |
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LRB096 18735 RLC 34120 b |
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| 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
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| dependent children may otherwise be eligible.
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| (Source: P.A. 90-535, eff. 11-14-97.)
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