Full Text of HB5458 96th General Assembly
HB5458enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning government.
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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 Employee Disability Act is amended by | 5 |
| changing Section 1 as follows:
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| (5 ILCS 345/1) (from Ch. 70, par. 91)
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| Sec. 1. Disability benefit.
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| (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 State | 14 |
| mental health or developmental
disabilities facility operated | 15 |
| by the Department of Human Services, and any
full-time law | 16 |
| enforcement officer or
full-time firefighter who is employed by | 17 |
| the State of Illinois, any unit of
local government (including | 18 |
| any home rule unit), any State supported college or
university, | 19 |
| or any other public entity granted the power to employ persons | 20 |
| for
such purposes by law.
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| (b) Whenever an eligible employee suffers any injury in the | 22 |
| line of duty
which causes him to be unable to perform his | 23 |
| duties, he shall continue to be
paid by the employing public |
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| entity on the same basis as he was paid before the
injury, with | 2 |
| no deduction from his sick leave credits, compensatory time for
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| overtime accumulations or vacation, or service credits in a | 4 |
| public employee
pension fund during the time he is unable to | 5 |
| perform his duties due to the
result of the injury, but not | 6 |
| longer than one year in relation to the same
injury. However, | 7 |
| no injury to an employee of the Department
of Corrections or
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| the Prisoner Review Board working within a penal institution or | 9 |
| an employee of
the Department of Human Services working within | 10 |
| a
departmental mental health or developmental disabilities | 11 |
| facility shall
qualify the employee for benefits under this | 12 |
| Section unless the
injury is the
direct or indirect result of | 13 |
| violence by inmates of the penal institution or
residents of | 14 |
| the mental health or developmental
disabilities facility.
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| (c) At any time during the period for which continuing | 16 |
| compensation
is required by this Act, the employing public | 17 |
| entity may order at the
expense of that entity physical or | 18 |
| medical examinations of the injured
person to determine the | 19 |
| degree of disability.
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| (d) During this period of disability, the injured person | 21 |
| shall not
be employed in any other manner, with or without | 22 |
| monetary compensation.
Any person who is employed in violation | 23 |
| of this paragraph forfeits the
continuing compensation | 24 |
| provided by this Act from the time such
employment begins. Any | 25 |
| salary compensation due the injured person from
workers' | 26 |
| compensation or any salary due him from any type of insurance
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| which may be carried by the employing public entity shall | 2 |
| revert to that
entity during the time for which continuing | 3 |
| compensation is paid to him
under this Act. Any disabled person | 4 |
| receiving compensation under the
provisions of this Act shall | 5 |
| not be entitled to any benefits for which
he would qualify | 6 |
| because of his disability under the provisions of the
Illinois | 7 |
| Pension Code.
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| (e) Any employee of the State of Illinois, as defined in | 9 |
| Section 14-103.05
of the Illinois Pension Code, who becomes | 10 |
| permanently unable to perform the
duties of such employment due | 11 |
| to an injury received in the active performance
of his duties | 12 |
| as a State employee as a result of a willful act of violence by
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| another employee of the State of Illinois, as so defined, | 14 |
| committed during such
other employee's course of employment and | 15 |
| after January 1, 1988, shall be
eligible for benefits pursuant | 16 |
| to the provisions of this Section. For purposes
of this | 17 |
| Section, permanently disabled is defined as a diagnosis or | 18 |
| prognosis of
an inability to return to current job duties by a | 19 |
| physician licensed to
practice medicine in all of its branches.
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| (f) The compensation and other benefits provided to | 21 |
| part-time employees
covered by this Section shall be calculated | 22 |
| based on the percentage of time
the part-time employee was | 23 |
| scheduled to work pursuant to his or her status as
a part-time | 24 |
| employee.
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| (g) Pursuant to paragraphs (h) and (i) of Section 6 of | 26 |
| Article VII of
the Illinois Constitution, this Act specifically |
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| denies and limits the exercise
by home rule units of any power | 2 |
| which is inconsistent herewith, and all
existing laws and | 3 |
| ordinances which are inconsistent herewith are hereby
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| superseded. This Act does not preempt the concurrent exercise | 5 |
| by home rule
units of powers consistent herewith.
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| This Act does not apply to any home rule unit with a | 7 |
| population of over
1,000,000.
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| (h) In those cases where the injury to a State employee for | 9 |
| which
a benefit is payable under this Act was caused
under | 10 |
| circumstances creating a legal liability for damages on the | 11 |
| part
of some person other than the State employer, all of the | 12 |
| rights
and privileges, including the right to notice of suit | 13 |
| brought against
such other person and the right to commence or | 14 |
| join in such suit, as
given the employer, together with the | 15 |
| conditions or obligations imposed
under paragraph (b) of | 16 |
| Section 5 of the Workers' Compensation Act,
are also given and | 17 |
| granted to the State, to the end that, with respect to State | 18 |
| employees only, the State
may be paid or reimbursed for the | 19 |
| amount of
benefit paid or
to be paid by the
State to the | 20 |
| injured employee or his or her personal representative out of | 21 |
| any
judgment, settlement, or payment
for such injury obtained | 22 |
| by such injured employee or his
or her personal representative | 23 |
| from such other person by virtue of the injury. | 24 |
| (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
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