95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2510

 

Introduced 2/15/2008, by Sen. William E. Peterson

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/24.1 new

    Amends the Workers' Compensation Act. Provides that an employer or group of employers and the representative of its employees may agree to establish binding obligations and procedures relating to workers' compensation. Provides that the agreement must be limited to, but need not include: an alternative dispute resolution system to supplement, modify, or replace the procedural or dispute resolution provisions of the Act; a list of providers of medical treatment that may be the exclusive source of all medical and related treatment; a list of providers that may be the exclusive source of impartial medical examinations; creation of a transitional or modified return to work program; a list of individuals and companies for the provision of vocational rehabilitation or retraining programs; the establishment of safety committees and safety procedures; and the adoption of a 24-hour health care coverage plan. Provides that a copy of the agreement shall be filed with the Illinois Workers' Compensation Commission. Provides that the new provisions do not allow any agreement that diminishes or increases an employee's entitlement to benefits under the Act, an agreement does not diminish or increase an employee's entitlement to benefits, and an agreement that diminishes or increases the employee's entitlement to benefits is void. Provides that an employer insured under the Act shall provide notice to its insurance carrier of its intent to enter into an agreement with its employees and obtain consent from its insurance carrier to enter into an agreement. Provides that the new provisions do not require an employee, an employee group, or an employer to negotiate or be a party to any such agreement. Effective immediately.


LRB095 19216 AMC 45471 b

 

 

A BILL FOR

 

SB2510 LRB095 19216 AMC 45471 b

1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Workers' Compensation Act is amended by
5 adding Section 24.1 as follows:
 
6     (820 ILCS 305/24.1 new)
7     Sec. 24.1. Collective bargaining agreements.
8     (a) Any employer or group of employers, and the recognized
9 or certified and exclusive representative of its employees, may
10 agree to establish certain binding obligations and procedures
11 relating to workers' compensation. This agreement must be
12 limited to the following, but need not include all of the
13 following:
14         (1) An alternative dispute resolution system to
15     supplement, modify, or replace the procedural or dispute
16     resolution provisions of this Act. The system may include
17     mediation, arbitration, or other dispute resolution
18     proceedings, the results of which may be final and binding
19     upon the parties.
20         (2) A list of providers of medical treatment that may
21     be the exclusive source of all medical and related
22     treatment provided under this Act.
23         (3) A list of providers that may be the exclusive

 

 

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1     source of impartial medical (physical or mental)
2     examinations under this Act.
3         (4) The creation of a transitional or modified return
4     to work program.
5         (5) A list of individuals and companies for the
6     provision of vocational rehabilitation or retraining
7     programs.
8         (6) The establishment of safety committees and safety
9     procedures.
10         (7) The adoption of a 24-hour health care coverage
11     plan.
12     (b) A copy of the agreement identifying the employer or the
13 group of employers and the local union, district, or council
14 shall be filed with the Illinois Workers' Compensation
15 Commission. Upon filing, the agreement shall be valid and
16 binding.
17     (c) Nothing in this Section shall allow any agreement that
18 diminishes or increases an employee's entitlement to benefits
19 as otherwise set forth in this Act. For the purposes of this
20 Section, the procedural rights and dispute resolution
21 agreements under paragraphs (1) through (7) of subsection (a)
22 are not agreements that diminish or increase an employee's
23 entitlement to benefits. Any agreement that diminishes or
24 increases the employee's entitlement to benefits as set forth
25 in this Act is null and void.
26     (d) If the employer is insured under this Act, it shall, in

 

 

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1 the manner provided in the insurance contract, provide notice
2 to its insurance carrier of its intent to enter into an
3 agreement as provided in this Section with its employees and
4 obtain consent from its insurance carrier to enter into an
5 agreement as provided in this Section.
6     (e) Nothing in this Section shall require an employee, an
7 employee group, or an employer to negotiate or be a party to
8 any such agreement.
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.