Public Act 90-0535 of the 90th General Assembly

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Public Act 90-0535

HB1347 Enrolled                                LRB9003884JSgc

    AN ACT concerning  benefits  for  certain  public  safety

    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
         (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

    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

    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.

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