Public Act 90-0535 of the 90th General Assembly
Public Act 90-0535
HB1347 Enrolled LRB9003884JSgc
AN ACT concerning benefits for certain public safety
officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Public Safety Employee Benefits Act.
Section 5. Declaration of State interest. The General
Assembly determines and declares that the provisions of this
Act fulfill an important State interest.
Section 10. Required health coverage benefits.
(a) An employer who employs a full-time law enforcement,
correctional or correctional probation officer, or
firefighter, who, on or after the effective date of this Act
suffers a catastrophic injury or is killed in the line of
duty shall pay the entire premium of the employer's health
insurance plan for the injured employee, the injured
employee's spouse, and for each dependent child of the
injured employee until the child reaches the age of majority
or until the end of the calendar year in which the child
reaches the age of 25 if the child continues to be dependent
for support or the child is a full-time or part-time student
and is dependent for support. The term "health insurance
plan" does not include supplemental benefits that are not
part of the basic group health insurance plan. If the injured
employee subsequently dies, the employer shall continue to
pay the entire health insurance premium for the surviving
spouse until remarried and for the dependent children under
the conditions established in this Section. However:
(1) Health insurance benefits payable from any
other source shall reduce benefits payable under this
Section.
(2) It is unlawful for a person to willfully and
knowingly make, or cause to be made, or to assist,
conspire with, or urge another to make, or cause to be
made, any false, fraudulent, or misleading oral or
written statement to obtain health insurance coverage as
provided under this Section. A violation of this item is
a Class A misdemeanor.
(3) Upon conviction for a violation described in
item (2), a law enforcement, correctional or correctional
probation officer, or other beneficiary who receives or
seeks to receive health insurance benefits under this
Section shall forfeit the right to receive health
insurance benefits and shall reimburse the employer for
all benefits paid due to the fraud or other prohibited
activity. For purposes of this item, "conviction" means
a determination of guilt that is the result of a plea or
trial, regardless of whether adjudication is withheld.
(b) In order for the law enforcement, correctional or
correctional probation officer, firefighter, spouse, or
dependent children to be eligible for insurance coverage
under this Act, the injury or death must have occurred as the
result of the officer's response to fresh pursuit, the
officer or firefighter's response to what is reasonably
believed to be an emergency, an unlawful act perpetrated by
another, or during the investigation of a criminal act.
Nothing in this Section shall be construed to limit health
insurance coverage or pension benefits for which the officer,
firefighter, spouse, or dependent children may otherwise be
eligible.
Section 15. Required educational benefits. If a
firefighter, law enforcement, or correctional or correctional
probation officer is accidentally or unlawfully and
intentionally killed as specified in subsection (b) of
Section 5 on or after July 1, 1980, the State shall waive
certain educational expenses which children of the deceased
incur while obtaining a vocational-technical certificate or
an undergraduate education at a State supported institution.
The amount waived by the State shall be an amount equal to
the cost of tuition and matriculation and registration fees
for a total of 120 credit hours. The child may attend a
State vocational-technical school, a public community
college, or a State university. The child may attend any or
all of the institutions specified in this Section, on either
a full-time or part-time basis. The benefits provided under
this Section shall continue to the child until the child's
25th birthday.
(1) Upon failure of any child benefited by the
provisions of this Section to comply with the ordinary
and minimum requirements of the institution attended,
both as to discipline and scholarship, the benefits shall
be withdrawn as to the child and no further moneys may be
expended for the child's benefits so long as the failure
or delinquency continues.
(2) Only a student in good standing in his or her
respective institution may receive the benefits under
this Section.
(3) A child receiving benefits under this Section
must be enrolled according to the customary rules and
requirements of the institution attended.
Section 20. Home rule. An employer, including a home
rule unit, that employs a full-time law enforcement,
correctional or correctional probation officer, or
firefighter may not provide benefits to persons covered under
this Act in a manner inconsistent with the requirements of
this Act. This Act is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise of powers and functions exercised by the
State.
Section 95. The State Mandates Act is amended by adding
Section 8.21 as follows:
(30 ILCS 805/8.21 new)
Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of 1997.
Section 99. Effective date. This Act takes effect upon
becoming law.