Full Text of SB0760 94th General Assembly
SB0760eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning employee benefits.
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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 1. Short title. This Act may be cited as the | 5 |
| Security Employee Benefits Act. | 6 |
| Section 5. Definitions. As used in this Act and unless the | 7 |
| context otherwise requires: | 8 |
| "Employer" means any public entity or any individual, | 9 |
| partnership, association, corporation, or business trust, or | 10 |
| any person or group of persons acting directly or indirectly in | 11 |
| the interest of an employer in relation to an employee for | 12 |
| which one or more persons are gainfully employed on some day | 13 |
| within a calendar year. | 14 |
| "Killed in the line of duty" means losing one's life as a | 15 |
| result of injuries received in the active performance of duties | 16 |
| as a security guard if the death occurs within one year from | 17 |
| the date the injury was received and if that injury arose from | 18 |
| violence or other accidental cause. | 19 |
| "Public entity" means the State of Illinois and its | 20 |
| departments, divisions, boards, bureaus, commissions, | 21 |
| authorities, and colleges and universities, any unit of local | 22 |
| government (including any home rule unit), and any school | 23 |
| district. | 24 |
| "Security guard" or "guard" means any person who is paid a | 25 |
| fee, wage, or salary by an employer to perform one or more of | 26 |
| the following functions on the property of a public entity: | 27 |
| (1) prevent or detect intrusion, unauthorized entry or | 28 |
| activity, vandalism, or trespass; | 29 |
| (2) prevent or detect theft, loss, embezzlement, | 30 |
| misappropriation, or concealment of merchandise, money, | 31 |
| bonds, stocks, notes, or other valuable documents or | 32 |
| papers; |
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| (3) control, regulate, or direct the flow of or | 2 |
| movements of the public, whether by vehicle or otherwise, | 3 |
| to assure protection of public property; | 4 |
| (4) protect individuals from bodily harm; or | 5 |
| (5) enforce the policies and rules of the public entity | 6 |
| related to crime reduction. | 7 |
| This definition shall not include individuals who meet the | 8 |
| definition of "law enforcement officer" or "officer" in Section | 9 |
| 2 of the Law Enforcement Officers, Civil Defense Workers, Civil | 10 |
| Air Patrol Members, Paramedics, Firemen, Chaplains, and State | 11 |
| Employees Compensation Act. | 12 |
| Section 10. Declaration of State interest. The General | 13 |
| Assembly determines and declares that the provisions of this | 14 |
| Act fulfill an important State interest. | 15 |
| Section 15. Required health coverage benefits. | 16 |
| (a) A public entity that utilizes the services of a | 17 |
| security guard who, on or after the effective date of this Act, | 18 |
| suffers an injury that makes it necessary for the security | 19 |
| guard to retire from employment or to be suspended from | 20 |
| employment in any capacity for not less than 12 months or is | 21 |
| killed in the line of duty shall pay the entire premium of the | 22 |
| employer's health insurance plan for the injured security | 23 |
| guard, the injured security guard's spouse, and each dependent | 24 |
| child of the injured security guard until the child reaches the | 25 |
| age of majority or until the end of the calendar year in which | 26 |
| the child reaches the age of 25 years if the child continues to | 27 |
| be dependent for support or the child is a full-time or | 28 |
| part-time student and is dependent for support. The term | 29 |
| "health insurance plan" does not include supplemental benefits | 30 |
| that are not part of the basic group health insurance plan. If | 31 |
| the injured security guard subsequently dies, whether as a | 32 |
| result of injuries in the line of duty or any other cause, the | 33 |
| public entity shall continue to pay the entire health insurance | 34 |
| premium for the surviving spouse until he or she is remarried |
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| and for the dependent children as required by this Section. | 2 |
| However, health insurance benefits payable from any other | 3 |
| source shall reduce benefits payable under this Section. | 4 |
| (b) It is unlawful for a person to wilfully and knowingly | 5 |
| make or cause to be made or to assist, conspire with, or urge | 6 |
| another to make or cause to be made any false, fraudulent, or | 7 |
| misleading oral or written statement to obtain health insurance | 8 |
| coverage as provided in this Section. Any person who violates | 9 |
| this subsection (b) is guilty of a Class A misdemeanor. | 10 |
| Upon conviction of a violation of this subsection (b), a | 11 |
| security guard or other beneficiary who receives or seeks to | 12 |
| receive health insurance benefits under this Section shall | 13 |
| forfeit the right to receive health insurance benefits and | 14 |
| shall reimburse the public entity for all benefits paid due to | 15 |
| the fraud or other prohibited activity. For the purposes of | 16 |
| this subsection (b), "conviction" means a determination of | 17 |
| guilt that is the result of a plea or trial, regardless of | 18 |
| whether adjudication is withheld. | 19 |
| (c) In order for the security guard, spouse, or dependent | 20 |
| children to be eligible for insurance coverage under this Act, | 21 |
| the injury or death must have occurred as the result of the | 22 |
| security guard's authorized activities. Nothing in this | 23 |
| Section shall be construed to limit health insurance coverage | 24 |
| or pension benefits for which the security guard, spouse, or | 25 |
| dependent children may otherwise be eligible. | 26 |
| Section 20. Home rule. A public entity, including a home | 27 |
| rule unit, may not provide benefits to persons covered under | 28 |
| this Act in a manner inconsistent with the requirements of this | 29 |
| Act. This Act is a limitation under subsection (i) of Section 6 | 30 |
| of Article VII of the Illinois Constitution on the concurrent | 31 |
| exercise by home rule units of powers and functions exercised | 32 |
| by the State. | 33 |
| Section 90. The Higher Education Student Assistance Act is | 34 |
| amended by adding Section 62 as follows: |
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| (110 ILCS 947/62 new) | 2 |
| Sec. 62. Security guard survivor grant. A grant shall be
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| provided for any natural child, legally adopted child, or child | 4 |
| in
the legal custody of a security officer accidentally or | 5 |
| unlawfully killed, as specified in subsection (a) of Section 15 | 6 |
| of the Security Employee Benefits Act, on or after the | 7 |
| effective date of this amendatory Act of the 94th General | 8 |
| Assembly. Beneficiaries are entitled to full payment of tuition | 9 |
| and mandatory fees at a State university, public community | 10 |
| college in this State, or State vocational-technical school, | 11 |
| for either full or
part-time study, up to a maximum of 120 | 12 |
| credit hours, provided that the recipient possesses the | 13 |
| necessary entrance requirements, is under 25 years of age, is | 14 |
| and remains a resident of this State while attending the | 15 |
| institution, complies with all academic and disciplinary | 16 |
| requirements of the institution, and is a student in good | 17 |
| standing. The benefits of this Section shall be administered by | 18 |
| and paid
out of funds available to the Commission and shall | 19 |
| accrue to the bona fide
applicant without the requirement of | 20 |
| demonstrating financial need to qualify
for those benefits. | 21 |
| Section 999. Effective date. This Act takes effect upon | 22 |
| becoming law.
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