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92_HB0533 LRB9204169JMmb 1 AN ACT concerning public employees. 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 Section 1 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 9 employee" means (i) any part-time or full-timeState10correctional officer or any other full or part-timeemployee 11 of the Department of Corrections, (ii) any full or part-time 12 employee of the Prisoner Review Board, (iii) any full or 13 part-time employee of the Department of Human Services 14 working within a penal institution or a State mental health 15 or developmental disabilities facility operated by the 16 Department of Human Services, and (iv) any full-time law 17 enforcement officer,orfull-time firefighter, or part-time 18 or full-time correctional officer who is employed by the 19 State of Illinois, any unit of local government (including 20 any home rule unit), any State supported college or 21 university, or any other public entity granted the power to 22 employ persons for such purposes by law. 23 (b) Whenever an eligible employee suffers any injury in 24 the line of duty which causes him to be unable to perform his 25 duties, he shall continue to be paid by the employing public 26 entity on the same basis as he was paid before the injury, 27 with no deduction from his sick leave credits, compensatory 28 time for overtime accumulations or vacation, or service 29 credits in a public employee pension fund during the time he 30 is unable to perform his duties due to the result of the 31 injury, but not longer than one year in relation to the same -2- LRB9204169JMmb 1 injury. However, no injury to an employee of the Department 2 of Corrections or the Prisoner Review Board working within a 3 penal institution or an employee of the Department of Human 4 Services working within a departmental mental health or 5 developmental disabilities facility shall qualify the 6 employee for benefits under this Section unless the injury is 7 the direct or indirect result of violence by inmates of the 8 penal institution or residents of the mental health or 9 developmental disabilities facility. 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 18 violation of this paragraph forfeits the continuing 19 compensation provided by this Act from the time such 20 employment begins. Any salary compensation due the injured 21 person from workers' compensation or any salary due him from 22 any type of insurance which may be carried by the employing 23 public entity shall revert to that entity during the time for 24 which continuing compensation is paid to him under this Act. 25 Any disabled person receiving compensation under the 26 provisions of this Act shall not be entitled to any benefits 27 for which he would qualify because of his disability under 28 the provisions of the Illinois Pension Code. 29 (e) Any employee of the State of Illinois, as defined in 30 Section 14-103.05 of the Illinois Pension Code, who becomes 31 permanently unable to perform the duties of such employment 32 due to an injury received in the active performance of his 33 duties as a State employee as a result of a willful act of 34 violence by another employee of the State of Illinois, as so -3- LRB9204169JMmb 1 defined, committed during such other employee's course of 2 employment and after January 1, 1988, shall be eligible for 3 benefits pursuant to the provisions of this Section. For 4 purposes of this Section, permanently disabled is defined as 5 a diagnosis or prognosis of an inability to return to current 6 job duties by a physician licensed to practice medicine in 7 all of its branches. 8 (f) The compensation and other benefits provided to 9 part-time employees covered by this Section shall be 10 calculated based on the percentage of time the part-time 11 employee was scheduled to work pursuant to his or her status 12 as a part-time employee. 13 (g) Pursuant to paragraphs (h) and (i) of Section 6 of 14 Article VII of the Illinois Constitution, this Act 15 specifically denies and limits the exercise by home rule 16 units of any power which is inconsistent herewith, and all 17 existing laws and ordinances which are inconsistent herewith 18 are hereby superseded. This Act does not preempt the 19 concurrent exercise by home rule units of powers consistent 20 herewith. 21 This Act does not apply to any home rule unit with a 22 population of over 1,000,000. 23 (Source: P.A. 88-45; 89-507, eff. 7-1-97.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.