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| Public Act 096-1430 | ||||
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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 | ||||
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" | ||||
means any
part-time or full-time State correctional officer or | ||||
any other full or
part-time employee of the Department of | ||||
Corrections, any full or part-time
employee of the Prisoner | ||||
Review Board, any full or part-time employee of the
Department | ||||
of Human Services working within a
penal institution or a State | ||||
mental health or developmental
disabilities facility operated | ||||
by the Department of Human Services, and any
full-time law | ||||
enforcement officer or
full-time firefighter who is employed by | ||||
the State of Illinois, any unit of
local government (including | ||||
any home rule unit), any State supported college or
university, | ||||
or any other public entity granted the power to employ persons | ||||
for
such purposes by law.
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(b) Whenever an eligible employee suffers any injury in the | ||||
line of duty
which causes him to be unable to perform his | ||||
duties, he shall continue to be
paid by the employing public | ||||
entity on the same basis as he was paid before the
injury, with | ||
no deduction from his sick leave credits, compensatory time for
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overtime accumulations or vacation, or service credits in a | ||
public employee
pension fund during the time he is unable to | ||
perform his duties due to the
result of the injury, but not | ||
longer than one year in relation to the same
injury. However, | ||
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 | ||
an employee of
the Department of Human Services working within | ||
a
departmental mental health or developmental disabilities | ||
facility shall
qualify the employee for benefits under this | ||
Section unless the
injury is the
direct or indirect result of | ||
violence by inmates of the penal institution or
residents of | ||
the mental health or developmental
disabilities facility.
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(c) At any time during the period for which continuing | ||
compensation
is required by this Act, the employing public | ||
entity may order at the
expense of that entity physical or | ||
medical examinations of the injured
person to determine the | ||
degree of disability.
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(d) During this period of disability, the injured person | ||
shall not
be employed in any other manner, with or without | ||
monetary compensation.
Any person who is employed in violation | ||
of this paragraph forfeits the
continuing compensation | ||
provided by this Act from the time such
employment begins. Any | ||
salary compensation due the injured person from
workers' | ||
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 | ||
revert to that
entity during the time for which continuing | ||
compensation is paid to him
under this Act. Any disabled person | ||
receiving compensation under the
provisions of this Act shall | ||
not be entitled to any benefits for which
he would qualify | ||
because of his disability under the provisions of the
Illinois | ||
Pension Code.
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(e) Any employee of the State of Illinois, as defined in | ||
Section 14-103.05
of the Illinois Pension Code, who becomes | ||
permanently unable to perform the
duties of such employment due | ||
to an injury received in the active performance
of his duties | ||
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, | ||
committed during such
other employee's course of employment and | ||
after January 1, 1988, shall be
eligible for benefits pursuant | ||
to the provisions of this Section. For purposes
of this | ||
Section, permanently disabled is defined as a diagnosis or | ||
prognosis of
an inability to return to current job duties by a | ||
physician licensed to
practice medicine in all of its branches.
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(f) The compensation and other benefits provided to | ||
part-time employees
covered by this Section shall be calculated | ||
based on the percentage of time
the part-time employee was | ||
scheduled to work pursuant to his or her status as
a part-time | ||
employee.
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(g) Pursuant to paragraphs (h) and (i) of Section 6 of | ||
Article VII of
the Illinois Constitution, this Act specifically | ||
denies and limits the exercise
by home rule units of any power | ||
which is inconsistent herewith, and all
existing laws and | ||
ordinances which are inconsistent herewith are hereby
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superseded. This Act does not preempt the concurrent exercise | ||
by home rule
units of powers consistent herewith.
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This Act does not apply to any home rule unit with a | ||
population of over
1,000,000.
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(h) In those cases where the injury to a State employee for | ||
which
a benefit is payable under this Act was caused
under | ||
circumstances creating a legal liability for damages on the | ||
part
of some person other than the State employer, all of the | ||
rights
and privileges, including the right to notice of suit | ||
brought against
such other person and the right to commence or | ||
join in such suit, as
given the employer, together with the | ||
conditions or obligations imposed
under paragraph (b) of | ||
Section 5 of the Workers' Compensation Act,
are also given and | ||
granted to the State, to the end that, with respect to State | ||
employees only, the State
may be paid or reimbursed for the | ||
amount of
benefit paid or
to be paid by the
State to the | ||
injured employee or his or her personal representative out of | ||
any
judgment, settlement, or payment
for such injury obtained | ||
by such injured employee or his
or her personal representative | ||
from such other person by virtue of the injury. | ||
(Source: P.A. 88-45; 89-507, eff. 7-1-97.)
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