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Public Act 102-0910


 

Public Act 0910 102ND GENERAL ASSEMBLY



 


 
Public Act 102-0910
 
HB1208 EnrolledLRB102 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