Public Act 102-0910 Public Act 0910 102ND GENERAL ASSEMBLY |
Public Act 102-0910 | HB1208 Enrolled | LRB102 03224 KTG 13237 b |
|
| AN ACT concerning employment.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Workers' Compensation Act is amended by | changing Sections 4a-2, 4a-4, 4a-5, 4a-6.1, 4a-7, 13, and 14 | as follows:
| (820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2)
| Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
| (a) "Board" means the Self-Insurers Advisory Board created | by Section 4a-1.
| (b) "Chairman" means the Chairman of the Illinois Workers' | Compensation Commission.
| (c) "Private self-insurer" means a private employer that | has been
authorized to self-insure its payment of workers' | compensation benefits
pursuant to subsection (a) of Section 4 | of this Act or to self-insure its
payment of occupational | disease benefits pursuant to subsection (a) of
Section 4 of | the Workers' Occupational Diseases Act but does not include
| group self-insured employers under Section 4a of this Act or | Section 4a of
the Workers' Occupational Diseases Act or the | State of Illinois, any
political subdivision of the State, | unit of local government or school
district, or any other | public authorities or quasi-governmental bodies
including any |
| subunits of the foregoing entities.
| (d) "Insolvent self-insurer" means a private self-insurer | financially
unable to pay compensation due under this Act, | which (i) has filed either prior
to or after the effective date | of this Section or (ii) is the subject party
in any proceeding | under the Federal Bankruptcy Reform Act of 1978, or is
the | subject party in any proceeding in which a receiver, | custodian,
liquidator, rehabilitator, sequestrator, trustee or | similar officer has
been appointed by any Court to act in lieu | of or on behalf of that self-insurer.
| (e) "Fund" means the Self-Insurers Security Fund | established by Section 4a-5.
| (f) "Trustee" means a member of the Self-Insurers Advisory | Board.
| (g) (Blank). "Self-Insurers Administration Fund" means the | Fund established by Section 4a-6.1.
| (h) "Application fee" means the application fee provided | for in Section 4a-4.
| (Source: P.A. 93-721, eff. 1-1-05.)
| (820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4)
| Sec. 4a-4.
The Self-Insurers Advisory Board shall possess | all powers
necessary and convenient to accomplish the objects | prescribed by this Act,
including but not limited to the | following:
| (a) The Board shall make such bylaws, rules, regulations |
| and resolutions
as are necessary to carry out its | responsibilities. The Board may carry
out its responsibilities | directly or by contract or other instrument, and
may purchase | such services and collect and borrow such funds as it deems
| necessary to effectuate its activities and protect the members | of the Board
and its employees. The Board shall appoint, | retain and employ such persons
as it deems necessary to | achieve the purposes of the Board. The Chairman
shall be the | chief administrative officer of the Board, and he or she shall
| have general supervisory authority over all employees of the | Board. Designated
employees shall be subject to the Illinois | Personnel Code. All expenses
incurred pursuant to this | provision shall be paid from the Self-Insurers
Security | Administration Fund. Each private self-insurer applying for | self-insurance
and for renewal of the self-insurance privilege | shall pay with its
application a non-refundable application | fee in the amount of $500, which
shall be deposited upon | receipt by the Commission into the Self-Insurers Security
| Administration Fund and used only for the purposes set forth | in Sections 4a-1 through 4a-9 this
Section . An application fee | shall be required of each corporation and each
and every | corporate subsidiary.
| (b) The Board shall meet no less than quarterly and shall | meet at other
times upon the call of the Chairman, issued to | the Trustees in writing no less
than 48 hours prior to the day | and hour of the meeting, or upon a request
for a meeting |
| presented in writing to the Chairman no less than 72 hours
| prior to the proposed day and hour of the meeting and signed by | at least a
majority of the Trustees, whereupon the Chairman | shall provide notice
issued in writing to the Trustees no less | than 48 hours prior to the meeting
and shall convene the | meeting at the time and place stated in the request.
| (c) Four Trustees shall constitute a quorum to transact | business at any
meeting, and the affirmative vote of four | Trustees shall be necessary for
any action taken by the Board. | No vacancy shall otherwise impair the
rights of the remaining | Trustees to exercise all of the powers of the Board.
| (d) The Board shall serve without compensation, but each | member shall be
entitled to be reimbursed for necessary and | actual expenses incurred in the
discharge of his official | duties.
| (e) The Board shall have the right to sue and be sued in | the name of the
Commission.
| (Source: P.A. 85-1385.)
| (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
| Sec. 4a-5. There is hereby created a Self-Insurers | Security Fund. The State
Treasurer shall be the ex officio | custodian of the Self-Insurers Security
Fund. Moneys in the | Fund shall be deposited in a separate account in the
same | manner as are State Funds and any interest accruing thereon | shall be
added thereto every 6 months. It shall be subject to |
| audit the same as
State funds and accounts and shall be | protected by the general bond given
by the State Treasurer. | The funds in the Self-Insurers Security Fund shall
not be | subject to appropriation and shall be made available for the
| purposes of compensating employees who are eligible to receive | benefits
from their employers pursuant to the provisions of | the Workers'
Compensation Act or Workers' Occupational | Diseases Act, when, pursuant to
this Section, the Board has | determined that a private self-insurer has
become an insolvent | self-insurer and is unable to pay compensation benefits
due to | financial insolvency. Moneys in the Fund may be used to | compensate
any type of injury or occupational disease which is | compensable under either
Act, and all claims for related | administrative fees,
operating costs of the Board, attorney's | fees, and other costs reasonably
incurred by the Board. Moneys | At the discretion of the Chairman, moneys in the Self-Insurers | Security Fund may also be used for paying the salaries and | benefits of the Self-Insurers Advisory Board employees and the | operating costs of the Board. Payment from the Self-Insurers | Security Fund shall
be made by the Comptroller only upon the | authorization of the Chairman as
evidenced by properly | certified vouchers of the Commission, upon the
direction of | the Board.
| (Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21.)
| (820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
|
| Sec. 4a-6.1.
There is hereby created a Self-Insurers | Administration
Fund. The State Treasurer shall be the | ex-officio custodian of the
Self-Insurers Administration Fund. | Monies in the Self-Insurers
Administration Fund shall be | deposited in a separate account in the same
manner as are State | Funds, and any interest accruing thereon shall be added
| thereto every 6 months. It shall be subject to audit the same | as State
funds and accounts and shall be protected by the | general bond given by the
State Treasurer. The funds in the | Self-Insurers Administration Fund shall
not be subject to | appropriation and shall be made available only for paying
the | salaries and benefits of the Self-Insurers Advisory Board | employees and
the operating costs of the Board. Payment from | the Self-Insurers
Administration Fund shall be made by the | Comptroller only upon the
authorization of the Chairman as | evidenced by properly certified vouchers
of the Commission. | Notwithstanding any other provision of law, in addition to any | other transfers that may be provided by law, on the effective | date of this amendatory Act of the 102nd General Assembly, or | as soon thereafter as practical, the State Comptroller shall | direct and the State Treasurer shall transfer the remaining | balance from the Self-Insurers Administration Fund into the | Self-Insurers Security Fund. Upon completion of the transfers, | the Self-Insurers Administration Fund is dissolved, and any | future deposits due to the Self-Insurers Administration Fund | and any outstanding obligations or liabilities of the |
| Self-Insurers Administration Fund pass to the Self-Insurers | Security Fund.
| (Source: P.A. 85-1385.)
| (820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
| Sec. 4a-7. (a) The Commission may upon direction of the | Board from time
to time assess each of the private | self-insurers a pro rata share of the
funding reasonably | necessary to carry out its activities under Sections 4a-1 | through 4a-9 this
Section . The prorations shall be made on the | basis of each self-insured's
most recent payment into the rate | adjustment fund under Section 7(f) of
this Act. In no event | shall a private self-insurer be assessed at one time
in excess | of .6% of the compensation paid by that private self-insurer
| during the previous calendar year for claims incurred as a | self-insurer.
Total assessments against it in any calendar | year shall not exceed 1.2% of
the compensation it has paid | during the previous calendar year as a
self-insurer for claims | incurred. Funds obtained by such assessments shall
be used | only for the purposes set forth in Sections 4a-1 through 4a-9 | this Section , and shall be
deposited upon receipt by the | Commission into the Self-Insurers Security
Fund. If payment of | any assessment made under this subsection is not made
within | 30 days of the sending of the notice to the private | self-insurer,
the Commission at the direction of the Board | shall proceed in circuit court for
judgment against that |
| private self-insurer which judgment shall include the
amount | of the assessment, the costs of suit, interest and reasonable | attorneys' fees.
| (b) A private self-insurer which ceases to be a | self-insurer shall be
liable for any and all assessments made | pursuant to this Section during
the period following the date | its certificate of authority to
self-insure is withdrawn, | revoked or surrendered until such time as it
has discharged | all obligations to pay compensation which arose during the
| period of time said former self-insurer was self-insured. | Assessments of
such a former private self-insurer shall be | based on the compensation paid
by the former private | self-insurer during the preceding calendar year on
claims that | arose during the period of time said former private
| self-insurer was self-insured.
| (c) The Board on behalf of the Commission shall annually | contract for an
independent certified audit of the financial | activities of the Fund, and an
annual report as of June 30 | shall be submitted promptly by the Board to
the Chairman of the | Illinois Workers' Compensation Commission and to each Trustee. | Written
reports of all activities shall be submitted to the | Commission by the Board
on a monthly basis.
| (d) If there are monies remaining in the Fund after all | outstanding
obligations of all insolvent self-insurers have | been satisfied and the
costs of administration and defense | have been paid, such amounts shall be
returned by the |
| Commission from the Fund as directed by the Board to the
then | private self-insurers in that proportion which each said | private
self-insurer has contributed to the Fund one year | thereafter, provided no
outstanding liabilities remain against | the Fund.
| (e) Each private self-insurer shall be subject to the | direction of the
Commission as provided in Sections 4a-1 | through 4a-9 this Section as a condition of obtaining and
| maintaining its certificate of authority to self-insure.
| (Source: P.A. 93-721, eff. 1-1-05.)
| (820 ILCS 305/13) (from Ch. 48, par. 138.13)
| Sec. 13. There is created an Illinois Workers' | Compensation Commission consisting of 10
members to be | appointed by the Governor, by and with the consent of the
| Senate, 3 of whom shall be representative citizens of the
| employing class operating under this Act and 3 of whom shall
be | from a labor organization recognized under the National Labor | Relations Act or an attorney who has represented labor | organizations or has represented employees in workers' | compensation cases, and 4 of whom shall be representative | citizens not identified
with either the employing or employee | classes. Not more than 6 members
of the Commission shall be of | the same political party. Each Commissioner appointed on or | after the effective date of this amendatory Act of the 102nd | General Assembly must be authorized to practice law in this |
| State by the Illinois Supreme Court and must maintain this | authorization throughout his or her term of employment.
| One of the
members not identified with either the | employing or employee classes shall
be designated by the | Governor as Chairman. The Chairman shall be the chief
| administrative and executive officer of the Commission; and he | or she shall
have general supervisory authority over all | personnel of the Commission,
including arbitrators and | Commissioners, and the final authority in all
administrative | matters relating to the Commissioners, including but not
| limited to the assignment and distribution of cases and | assignment of
Commissioners to the panels, except in the | promulgation of procedural rules
and orders under Section 16 | and in the determination of cases under this Act.
| Notwithstanding the general supervisory authority of the | Chairman, each
Commissioner, except those assigned to the | temporary panel, shall have the
authority to hire and | supervise 2 staff attorneys each. Such staff attorneys
shall | report directly to the individual Commissioner.
| A formal training program for newly-appointed | Commissioners shall be
implemented. The training program shall | include the following:
| (a) substantive and procedural aspects of the office | of Commissioner;
| (b) current issues in workers' compensation law and | practice;
|
| (c) medical lectures by specialists in areas such as | orthopedics,
ophthalmology, psychiatry, rehabilitation | counseling;
| (d) orientation to each operational unit of the | Illinois Workers' Compensation Commission;
| (e) observation of experienced arbitrators and | Commissioners conducting
hearings of cases, combined with | the opportunity to discuss evidence
presented and rulings | made;
| (f) the use of hypothetical cases requiring the | newly-appointed
Commissioner to issue judgments as a means | to evaluating knowledge and
writing ability;
| (g) writing skills;
| (h) professional and ethical standards pursuant to | Section 1.1 of this Act; | (i) detection of workers' compensation fraud and | reporting obligations of Commission employees and | appointees; | (j) standards of evidence-based medical treatment and | best practices for measuring and improving quality and | health care outcomes in the workers' compensation system, | including but not limited to the use of the American | Medical Association's "Guides to the Evaluation of | Permanent Impairment" and the practice of utilization | review; and | (k) substantive and procedural aspects of coal |
| workers' pneumoconiosis (black lung) cases. | A formal and ongoing professional development program | including, but not
limited to, the above-noted areas shall be | implemented to keep
Commissioners informed of recent | developments and issues and to assist them
in maintaining and | enhancing their professional competence. Each Commissioner | shall complete 20 hours of training in the above-noted areas | during every 2 years such Commissioner shall remain in office.
| The Commissioner candidates, other than the Chairman, must | meet one of
the following qualifications: (a) licensed to | practice law in the State of
Illinois; or (b) served as an | arbitrator at the Illinois Workers' Compensation
Commission | for at least 3 years; or (c) has at least 4 years of
| professional labor relations experience. The Chairman | candidate must have
public or private sector management and | budget experience, as determined
by the Governor.
| Each Commissioner shall devote full time to his duties and | any
Commissioner who is an attorney-at-law shall not engage in | the practice
of law, nor shall any Commissioner hold any other | office or position of
profit under the United States or this | State or any municipal
corporation or political subdivision of | this State, nor engage in any other
business, employment, or | vocation.
| The term of office of each member of the Commission | holding office on
the effective date of this amendatory Act of | 1989 is abolished, but
the incumbents shall continue to |
| exercise all of the powers and be subject
to all of the duties | of Commissioners until their respective successors are
| appointed and qualified.
| The Illinois Workers' Compensation Commission shall | administer this Act.
| In the promulgation of procedural rules, the determination | of cases heard en banc, and other matters determined by the | full Commission, the Chairman's vote shall break a tie in the | event of a tie vote.
| The members shall be appointed by the Governor, with the | advice and
consent of the Senate, as follows:
| (a) After the effective date of this amendatory Act of | 1989, 3
members, at least one of
each political party, and | one of whom shall be a representative citizen
of the | employing class operating under this Act, one of whom | shall be
a representative citizen of the class of | employees covered under this
Act, and one of whom shall be | a representative citizen not identified
with either the | employing or employee classes, shall be appointed
to hold | office until the third Monday in January of 1993, and | until their
successors are appointed and qualified, and 4 | members, one of whom shall be
a representative citizen of | the employing class operating under this Act,
one of whom | shall be a representative citizen of the class of | employees
covered in this Act, and two of whom shall be | representative citizens not
identified with either the |
| employing or employee classes, one of whom shall
be | designated by the Governor as Chairman (at least one of | each of the two
major political parties) shall be | appointed to hold office until the third
Monday of January | in 1991, and until their successors are appointed and
| qualified.
| (a-5) Notwithstanding any other provision of this | Section,
the term of each member of the Commission
who was | appointed by the Governor and is in office on June 30, 2003 | shall
terminate at the close of business on that date or | when all of the successor
members to be appointed pursuant | to this amendatory Act of the 93rd General
Assembly have | been appointed by the Governor, whichever occurs later. As | soon
as possible, the Governor shall appoint persons to | fill the vacancies created
by this amendatory Act. Of the | initial commissioners appointed pursuant to
this | amendatory Act of the 93rd General Assembly, 3 shall be | appointed for
terms ending on the third Monday in January, | 2005, and 4 shall be appointed
for terms ending on the | third Monday in January, 2007.
| (a-10) After the effective date of this amendatory Act | of the 94th General Assembly, the Commission shall be | increased to 10 members. As soon as possible after the | effective date of this amendatory Act of the 94th General | Assembly, the Governor shall appoint, by and with the | consent of the
Senate, the 3 members added to the |
| Commission under this amendatory Act of the 94th General | Assembly, one of whom shall be a representative citizen of | the employing class operating under this Act, one of whom | shall be a representative of the class of employees | covered under this Act, and one of whom shall be a | representative citizen not identified with either the | employing or employee classes. Of the members appointed | under this amendatory Act of the 94th General Assembly, | one shall be appointed for a term ending on the third | Monday in January, 2007, and 2 shall be appointed for | terms ending on the third Monday in January, 2009, and | until their successors are appointed and qualified.
| (b) Members shall thereafter be appointed to hold | office for terms of 4
years from the third Monday in | January of the year of their appointment,
and until their | successors are appointed and qualified. All such
| appointments shall be made so that the composition of the | Commission is in
accordance with the provisions of the | first paragraph of this Section.
| Each Commissioner shall receive an annual salary equal to | 70% of that of a Circuit Court Judge in the Judicial Circuit | constituted by the First Judicial District under the Salaries | Act; the Chairman shall receive an annual salary of 5% more | than the other Commissioners.
| In case of a vacancy in the office of a Commissioner during | the
recess of the Senate, the Governor shall make a temporary |
| appointment
until the next meeting of the Senate, when he | shall nominate some person
to fill such office. Any person so | nominated who is confirmed by the
Senate shall hold office | during the remainder of the term and until his
successor is | appointed and qualified.
| The Illinois Workers' Compensation Commission created by | this amendatory Act of 1989
shall succeed to all the rights, | powers, duties, obligations, records
and other property and | employees of the Industrial Commission which it
replaces as | modified by this amendatory Act of 1989 and all applications
| and reports to actions and proceedings of such prior | Industrial Commission
shall be considered as applications and | reports to actions and proceedings
of the Illinois Workers' | Compensation Commission created by this amendatory Act of | 1989.
| Notwithstanding any other provision of this Act, in the | event the
Chairman shall make a finding that a member is or | will be unavailable to
fulfill the responsibilities of his or | her office, the Chairman shall
advise the Governor and the | member in writing and shall designate a
certified arbitrator | to serve as acting Commissioner. The certified
arbitrator | shall act as a Commissioner until the member resumes the | duties
of his or her office or until a new member is appointed | by the Governor, by
and with the consent of the Senate, if a | vacancy occurs in the office of
the Commissioner, but in no | event shall a certified arbitrator serve in the
capacity of |
| Commissioner for more than 6 months from the date of
| appointment by the Chairman. A finding by the Chairman that a | member is or
will be unavailable to fulfill the | responsibilities of his or her office
shall be based upon | notice to the Chairman by a member that he or she will
be | unavailable or facts and circumstances made known to the | Chairman which
lead him to reasonably find that a member is | unavailable to fulfill the
responsibilities of his or her | office. The designation of a certified
arbitrator to act as a | Commissioner shall be considered representative of
citizens | not identified with either the employing or employee classes | and
the arbitrator shall serve regardless of his or her | political affiliation.
A certified arbitrator who serves as an | acting Commissioner shall have all
the rights and powers of a | Commissioner, including salary.
| Notwithstanding any other provision of this Act, the | Governor shall appoint
a special panel of Commissioners | comprised of 3 members who shall be chosen
by the Governor, by | and with the consent of the Senate, from among the
current | ranks of certified arbitrators. Three members shall hold | office
until the Commission in consultation with the Governor | determines that the
caseload on review has been reduced | sufficiently to allow cases to proceed
in a timely manner or | for a term of 18 months from the effective date of
their | appointment by the Governor, whichever shall be earlier. The 3
| members shall be considered representative of citizens not |
| identified with
either the employing or employee classes and | shall serve regardless of
political affiliation. Each of the 3 | members shall have only such rights
and powers of a | Commissioner necessary to dispose of those cases assigned
to | the special panel. Each of the 3 members appointed to the | special panel
shall receive the same salary as other | Commissioners for the duration of
the panel.
| The Commission may have an Executive Director; if so, the | Executive
Director shall be appointed by the Governor with the | advice and consent of the
Senate. The salary and duties of the | Executive Director shall be fixed by the
Commission.
| On the effective date of this amendatory Act of
the 93rd | General Assembly, the name of the Industrial Commission is | changed to the Illinois Workers' Compensation Commission. | References in any law, appropriation, rule, form, or other
| document: (i) to the Industrial Commission
are deemed, in | appropriate contexts, to be references to the Illinois | Workers' Compensation Commission for all purposes; (ii) to the | Industrial Commission Operations Fund
are deemed, in | appropriate contexts, to be references to the Illinois | Workers' Compensation Commission Operations Fund for all | purposes; (iii) to the Industrial Commission Operations Fund | Fee are deemed, in appropriate contexts, to be
references to | the Illinois Workers' Compensation Commission Operations Fund | Fee for all
purposes; and (iv) to the Industrial Commission | Operations Fund Surcharge are deemed, in appropriate contexts, |
| to be
references to the Illinois Workers' Compensation | Commission Operations Fund Surcharge for all
purposes. | (Source: P.A. 101-384, eff. 1-1-20; 102-16, eff. 6-17-21.)
| (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| Sec. 14. The Commission shall appoint a secretary and , an | assistant
secretary , and arbitrators and shall employ such
| assistants and clerical help as may be necessary. Arbitrators | shall be appointed pursuant to this Section, notwithstanding | any provision of the Personnel Code.
| Each arbitrator appointed after June 28, 2011 shall be | required
to demonstrate in writing his or
her knowledge of and | expertise in the law of and judicial processes of
the Workers' | Compensation Act and the Workers' Occupational Diseases Act.
| A formal training program for newly-hired arbitrators | shall be
implemented. The training program shall include the | following:
| (a) substantive and procedural aspects of the | arbitrator position;
| (b) current issues in workers' compensation law and | practice;
| (c) medical lectures by specialists in areas such as | orthopedics,
ophthalmology, psychiatry, rehabilitation | counseling;
| (d) orientation to each operational unit of the | Illinois Workers' Compensation Commission;
|
| (e) observation of experienced arbitrators conducting | hearings of cases,
combined with the opportunity to | discuss evidence presented and rulings made;
| (f) the use of hypothetical cases requiring the | trainee to issue
judgments as a means to evaluating | knowledge and writing ability;
| (g) writing skills;
| (h) professional and ethical standards pursuant to | Section 1.1 of this Act; | (i) detection of workers' compensation fraud and | reporting obligations of Commission employees and | appointees; | (j) standards of evidence-based medical treatment and | best practices for measuring and improving quality and | health care outcomes in the workers' compensation system, | including but not limited to the use of the American | Medical Association's "Guides to the Evaluation of | Permanent Impairment" and the practice of utilization | review; and | (k) substantive and procedural aspects of coal | workers' pneumoconiosis (black lung) cases. | A formal and ongoing professional development program | including, but not
limited to, the above-noted areas shall be | implemented to keep arbitrators
informed of recent | developments and issues and to assist them in
maintaining and | enhancing their professional competence. Each arbitrator shall |
| complete 20 hours of training in the above-noted areas during | every 2 years such arbitrator shall remain in office.
| Each
arbitrator shall devote full time to his or her | duties and shall serve when
assigned as
an acting Commissioner | when a Commissioner is unavailable in accordance
with the | provisions of Section 13 of this Act. Any
arbitrator who is an | attorney-at-law shall not engage in the practice of
law, nor | shall any arbitrator hold any other office or position of
| profit under the United States or this State or any municipal
| corporation or political subdivision of this State.
| Notwithstanding any other provision of this Act to the | contrary, an arbitrator
who serves as an acting Commissioner | in accordance with the provisions of
Section 13 of this Act | shall continue to serve in the capacity of Commissioner
until | a decision is reached in every case heard by that arbitrator | while
serving as an acting Commissioner.
| Notwithstanding any other provision of this Section, the | term of all arbitrators serving on June 28, 2011 (the | effective date of Public Act 97-18), including any arbitrators | on administrative leave, shall terminate at the close of | business on July 1, 2011, but the incumbents shall continue to | exercise all of their duties until they are reappointed or | their successors are appointed. | On and after June 28, 2011 (the effective date of Public | Act 97-18), arbitrators shall be appointed to 3-year terms as | follows: |
| (1) All appointments shall be made by the Governor | with the advice and consent of the Senate. | (2) For their initial appointments, 12 arbitrators | shall be appointed to terms expiring July 1, 2012; 12 | arbitrators shall be appointed to terms expiring July 1, | 2013; and all additional arbitrators shall be appointed to | terms expiring July 1, 2014. Thereafter, all arbitrators | shall be appointed to 3-year terms. | Upon the expiration of a term, the Chairman shall evaluate | the performance of the arbitrator and may recommend to the | Governor that he or she be reappointed to a second or | subsequent term by the Governor with the advice and consent of | the Senate. | Each arbitrator appointed on or after June 28, 2011 (the | effective date of Public Act 97-18) and who has not previously | served as an arbitrator for the Commission shall be required | to be authorized to practice law in this State by the Supreme | Court, and to maintain this authorization throughout his or | her term of employment.
| The performance of all arbitrators shall be reviewed by | the Chairman every other year, or more often at the discretion | of the Chairman on
an annual basis . The Chairman shall allow | input from the Commissioners in
all such reviews.
| The Commission shall assign no fewer than 3 arbitrators to | each hearing site. The Commission shall establish a procedure | to ensure that the arbitrators assigned to each hearing site |
| are assigned cases on a random basis. No arbitrator shall hear | cases in any county, other than Cook County, for more than 4 2 | years consecutively in each 3-year term . | The Secretary and each arbitrator shall receive a per | annum salary of
5% less than the per annum salary of members of | The
Illinois Workers' Compensation Commission as
provided in | Section 13 of this Act, payable in equal monthly installments.
| The members of the Commission, Arbitrators and other | employees whose
duties require them to travel, shall have | reimbursed to them their
actual traveling expenses and | disbursements made or incurred by them in
the discharge of | their official duties while away from their place of
residence | in the performance of their duties.
| The Commission shall provide itself with a seal for the
| authentication of its orders, awards and proceedings upon | which shall be
inscribed the name of the Commission and the | words "Illinois--Seal".
| The Secretary or Assistant Secretary, under the direction | of the
Commission, shall have charge and custody of the seal of | the Commission
and also have charge and custody of all | records, files, orders,
proceedings, decisions, awards and | other documents on file with the
Commission. He shall furnish | certified copies, under the seal of the
Commission, of any | such records, files, orders, proceedings, decisions,
awards | and other documents on file with the Commission as may be
| required. Certified copies so furnished by the Secretary or |
| Assistant
Secretary shall be received in evidence before the | Commission or any
Arbitrator thereof, and in all courts, | provided that the original of
such certified copy is otherwise | competent and admissible in evidence.
The Secretary or | Assistant Secretary shall perform such other duties as
may be | prescribed from time to time by the Commission.
| (Source: P.A. 102-16, eff. 6-17-21.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 5/27/2022
|