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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0214 Introduced 1/31/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 5 ILCS 345/1 | from Ch. 70, par. 91 |
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Amends the Public Employee Disability Act. Provides that disability benefits under the Act are extended to eligible employees who suffer any illness.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Public Employee Disability Act is amended |
5 | | by changing Sections 1 as follows:
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6 | | (5 ILCS 345/1) (from Ch. 70, par. 91)
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7 | | Sec. 1. Disability benefit.
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8 | | (a) For the purposes of this Section, "eligible employee" |
9 | | means any
part-time or full-time State correctional officer or |
10 | | any other full or
part-time employee of the Department of |
11 | | Corrections, any full or part-time
employee of the Prisoner |
12 | | Review Board, any full or part-time employee of the
Department |
13 | | of Human Services working within a
penal institution or a |
14 | | State mental health or developmental
disabilities facility |
15 | | operated by the Department of Human Services, and any
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16 | | full-time law enforcement officer or
full-time firefighter, |
17 | | including a full-time paramedic or a firefighter who performs |
18 | | paramedic duties, who is employed by the State of Illinois, |
19 | | any unit of
local government (including any home rule unit), |
20 | | any State supported college or
university, or any other public |
21 | | entity granted the power to employ persons for
such purposes |
22 | | by law.
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23 | | (b) Whenever an eligible employee suffers any injury or |
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1 | | illness in the line of duty
which causes him to be unable to |
2 | | perform his duties, he shall continue to be
paid by the |
3 | | employing public entity on the same basis as he was paid before |
4 | | the
injury or illness , with no deduction from his sick leave |
5 | | credits, compensatory time for
overtime accumulations or |
6 | | vacation, or service credits in a public employee
pension fund |
7 | | during the time he is unable to perform his duties due to the
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8 | | result of the injury or illness , but not longer than one year |
9 | | in relation to the same
injury or illness , except as otherwise |
10 | | provided under subsection (b-5). However, no injury to an |
11 | | employee of the Department
of Corrections or
the Prisoner |
12 | | Review Board working within a penal institution or an employee |
13 | | of
the Department of Human Services working within a
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14 | | departmental mental health or developmental disabilities |
15 | | facility shall
qualify the employee for benefits under this |
16 | | Section unless the
injury is the
direct or indirect result of |
17 | | violence by inmates of the penal institution or
residents of |
18 | | the mental health or developmental
disabilities facility.
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19 | | (b-5) Upon the occurrence of circumstances, directly or |
20 | | indirectly attributable to COVID-19, occurring on or after |
21 | | March 9, 2020 and on or before June 30, 2021 (including the |
22 | | period between December 31, 2020 and the effective date of |
23 | | this amendatory Act of the 101st General Assembly) which would |
24 | | hinder the physical recovery from an injury of an eligible |
25 | | employee within the one-year period as required under |
26 | | subsection (b), the eligible employee shall be entitled to an |
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1 | | extension of no longer than 60 days by which he or she shall |
2 | | continue to be paid by the employing public entity on the same |
3 | | basis as he or she was paid before the injury. The employing |
4 | | public entity may require proof of the circumstances hindering |
5 | | an eligible employee's physical recovery before granting the |
6 | | extension provided under this subsection (b-5). |
7 | | (c) At any time during the period for which continuing |
8 | | compensation
is required by this Act, the employing public |
9 | | entity may order at the
expense of that entity physical or |
10 | | medical examinations of the injured
or ill person to determine |
11 | | the degree of disability.
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12 | | (d) During this period of disability, the injured or ill |
13 | | person shall not
be employed in any other manner, with or |
14 | | without monetary compensation.
Any person who is employed in |
15 | | violation of this paragraph forfeits the
continuing |
16 | | compensation provided by this Act from the time such
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17 | | employment begins. Any salary compensation due the injured or |
18 | | ill person from
workers' compensation or any salary due him |
19 | | from any type of insurance
which may be carried by the |
20 | | employing public entity shall revert to that
entity during the |
21 | | time for which continuing compensation is paid to him
under |
22 | | this Act. Any person with a disability receiving compensation |
23 | | under the
provisions of this Act shall not be entitled to any |
24 | | benefits for which
he would qualify because of his disability |
25 | | under the provisions of the
Illinois Pension Code.
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26 | | (e) Any employee of the State of Illinois, as defined in |
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1 | | Section 14-103.05
of the Illinois Pension Code, who becomes |
2 | | permanently unable to perform the
duties of such employment |
3 | | due to an injury or illness received in the active performance
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4 | | of his duties as a State employee as a result of a willful act |
5 | | of violence by
another employee of the State of Illinois, as so |
6 | | defined, committed during such
other employee's course of |
7 | | employment and after January 1, 1988, shall be
eligible for |
8 | | benefits pursuant to the provisions of this Section. For |
9 | | purposes
of this Section, permanent disability is defined as a |
10 | | diagnosis or prognosis of
an inability to return to current |
11 | | job duties by a physician licensed to
practice medicine in all |
12 | | of its branches.
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13 | | (f) The compensation and other benefits provided to |
14 | | part-time employees
covered by this Section shall be |
15 | | calculated based on the percentage of time
the part-time |
16 | | employee was scheduled to work pursuant to his or her status as
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17 | | a part-time employee.
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18 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of |
19 | | Article VII of
the Illinois Constitution, this Act |
20 | | specifically denies and limits the exercise
by home rule units |
21 | | of any power which is inconsistent herewith, and all
existing |
22 | | laws and ordinances which are inconsistent herewith are hereby
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23 | | superseded. This Act does not preempt the concurrent exercise |
24 | | by home rule
units of powers consistent herewith.
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25 | | This Act does not apply to any home rule unit with a |
26 | | population of over
1,000,000.
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1 | | (h) In those cases where the injury or illness to a State |
2 | | employee for which
a benefit is payable under this Act was |
3 | | caused
under circumstances creating a legal liability for |
4 | | damages on the part
of some person other than the State |
5 | | employer, all of the rights
and privileges, including the |
6 | | right to notice of suit brought against
such other person and |
7 | | the right to commence or join in such suit, as
given the |
8 | | employer, together with the conditions or obligations imposed
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9 | | under paragraph (b) of Section 5 of the Workers' Compensation |
10 | | Act,
are also given and granted to the State, to the end that, |
11 | | with respect to State employees only, the State
may be paid or |
12 | | reimbursed for the amount of
benefit paid or
to be paid by the
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13 | | State to the injured or ill employee or his or her personal |
14 | | representative out of any
judgment, settlement, or payment
for |
15 | | such injury or illness obtained by such injured or ill |
16 | | employee or his
or her personal representative from such other |
17 | | person by virtue of the injury or illness . |
18 | | (Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20; |
19 | | 101-653, eff. 2-28-21.)
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