HB3909 97TH GENERAL ASSEMBLY

LRB097 14150 AEK 58857 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3909

Introduced 12/11/2011, by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

820 ILCS 320/10

Amends the Public Safety Employee Benefits Act. Defines "catastrophic injury" as a grievous or serious injury or impairment of a nature that is sufficient to permanently preclude the injured employee from performing any gainful work. Provides that an employer may, at its expense, require an employee seeking benefits under the Act to submit to examination by up to 3 licensed physicians. Provides that the determination of whether an employee has suffered a catastrophic injury shall be made by the employer's corporate authorities or a person designated by ordinance, whose determination shall be final and subject to judicial review under the Administrative Review Law. Provides that the employer shall be deemed a necessary party to any case brought under the Administrative Review Law. Effective immediately.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Safety Employee Benefits Act is amended by changing Section 10 as follows:

(820 ILCS 320/10)

Sec. 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.

(c) As used in this Section, "catastrophic injury" means a grievous or serious injury or impairment of a nature that is sufficient to permanently preclude the injured employee from performing any gainful work. The employer may, at its expense, require an employee seeking benefits under this Act to submit to examination by up to 3 licensed physicians. The determination of whether an employee has suffered a catastrophic injury shall be made by the employer's corporate authorities or such person or persons as may be designated by ordinance adopted by the corporate authorities, whose determination shall be final and subject to judicial review under the Administrative Review Law. The employer shall be deemed a necessary party to any case brought under Administrative Review Law.

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

Section 99. Effective date. This Act takes effect upon becoming law.