93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3032


 
Introduced 2/6/2004, by Kimberly A. Lightford
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 320/10









    Amends the Public Safety Employee Benefits Act. Defines the term "catastrophic injury" as an injury or disability (1) that is so severe that the injured employee is unemployable in any capacity or (2) that, when taken into account in combination with the injured employee's age, skills, training, and work history, makes the injured employee unable to perform any services for which there is a reasonably stable job market.
















LRB093 18054 LRD 43741 b

















 


 


A BILL FOR









 











SB3032

LRB093 18054 LRD 43741 b






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    AN ACT concerning public safety employee benefits.

 
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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 Safety Employee Benefits Act is 
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amended  by changing Section 10 as follows:
 



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    (820 ILCS 320/10)



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    Sec. 10. Required health coverage benefits. 

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    (a) An employer who employs a full-time law enforcement, 
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correctional or
correctional probation officer, or 
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firefighter, who, on or after the effective
date of this Act 
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suffers a catastrophic injury or is killed in the line of duty

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shall pay the entire premium of the employer's  health insurance 
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plan for the
injured employee, the injured employee's spouse, 
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and for each dependent child
of the injured employee until the 
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child reaches the age of majority or until
the end of the 
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calendar year in which the child reaches the age of 25 if the

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child continues to be dependent for support or the child is a 
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full-time or
part-time student and is dependent for support.  
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For the purpose of this Section, the term "catastrophic injury" 
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means an injury or disability (1) that is so severe that the 
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injured employee is unemployable in any capacity or (2) that, 
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when taken into account in combination with the injured 
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employee's age, skills, training, and work history, makes the 
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injured employee unable to perform any services for which there 
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is a reasonably stable job market. The term "health insurance

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plan" does not include supplemental benefits that are not part 
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of the basic
group health insurance plan.
 If the
injured 
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employee subsequently dies, the employer shall continue to pay 
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the
entire health insurance premium for the surviving spouse 
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until remarried and
for the dependent children under the 
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conditions established in this Section.
However:


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        (1) Health insurance benefits payable from any other 
 


 






SB3032
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    source shall reduce
benefits payable under this Section.


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        (2) It is unlawful for a person to willfully and 
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    knowingly make, or cause
to be made, or to assist, conspire 
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    with, or urge another to make, or cause to
be made, any 
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    false, fraudulent, or misleading oral or written statement 
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    to
obtain health insurance coverage as provided under this 
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    Section.  A violation
of this item is a Class A misdemeanor.


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        (3) Upon conviction for a violation described in item 
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    (2), a law
enforcement, correctional or correctional 
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    probation officer, or other
beneficiary who receives or 
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    seeks to receive health insurance benefits under
this 
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    Section shall forfeit the right to receive health insurance 
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    benefits and
shall reimburse the employer for all benefits 
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    paid due to the fraud or other
prohibited activity.  For 
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    purposes of this item, "conviction" means a
determination 
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    of guilt that is the result of a plea or trial, regardless 
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    of
whether adjudication is withheld.

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    (b) In order for the law enforcement, correctional or 
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correctional probation
officer, firefighter, spouse, or 
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dependent children to be eligible for
insurance coverage under 
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this Act, the injury or death must have occurred as
the result 
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of the officer's response to fresh pursuit, the officer or

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firefighter's response to what is reasonably believed to be an 
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emergency, an
unlawful act perpetrated by another, or during 
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the investigation of a criminal
act.  Nothing in this Section 
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shall be construed to limit health insurance
coverage or 
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pension benefits for which the officer, firefighter, spouse, or

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dependent children may otherwise be eligible.

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(Source: P.A. 90-535, eff. 11-14-97.)