96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0549

 

Introduced 2/4/2009, by Rep. Sandra M. Pihos - Patricia R. Bellock

 

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.


LRB096 05688 WGH 15754 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0549 LRB096 05688 WGH 15754 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 Public Safety Employee Benefits Act is
5 amended by changing Section 10 as follows:
 
6     (820 ILCS 320/10)
7     Sec. 10. Required health coverage benefits.
8     (a) An employer who employs a full-time law enforcement,
9 correctional or correctional probation officer, or
10 firefighter, who, on or after the effective date of this Act
11 suffers a catastrophic injury or is killed in the line of duty
12 shall pay the entire premium of the employer's health insurance
13 plan for the injured employee, the injured employee's spouse,
14 and for each dependent child of the injured employee until the
15 child reaches the age of majority or until the end of the
16 calendar year in which the child reaches the age of 25 if the
17 child continues to be dependent for support or the child is a
18 full-time or part-time student and is dependent for support.
19 The term "health insurance plan" does not include supplemental
20 benefits that are not part of the basic group health insurance
21 plan. If the injured employee subsequently dies, the employer
22 shall continue to pay the entire health insurance premium for
23 the surviving spouse until remarried and for the dependent

 

 

HB0549 - 2 - LRB096 05688 WGH 15754 b

1 children under the conditions established in this Section.
2 However:
3         (1) Health insurance benefits payable from any other
4     source shall reduce benefits payable under this Section.
5         (2) It is unlawful for a person to willfully and
6     knowingly make, or cause to be made, or to assist, conspire
7     with, or urge another to make, or cause to be made, any
8     false, fraudulent, or misleading oral or written statement
9     to obtain health insurance coverage as provided under this
10     Section. A violation of this item is a Class A misdemeanor.
11         (3) Upon conviction for a violation described in item
12     (2), a law enforcement, correctional or correctional
13     probation officer, or other beneficiary who receives or
14     seeks to receive health insurance benefits under this
15     Section shall forfeit the right to receive health insurance
16     benefits and shall reimburse the employer for all benefits
17     paid due to the fraud or other prohibited activity. For
18     purposes of this item, "conviction" means a determination
19     of guilt that is the result of a plea or trial, regardless
20     of whether adjudication is withheld.
21     As used in this Act, "catastrophic injury" means a grievous
22 or serious injury or impairment of a nature that is sufficient
23 to permanently preclude the injured employee from performing
24 any gainful work. The employer may, at its expense, require an
25 employee seeking benefits under this Act to submit to
26 examination by up to 3 licensed physicians. The determination

 

 

HB0549 - 3 - LRB096 05688 WGH 15754 b

1 of whether an employee has suffered a catastrophic injury shall
2 be made by the employer's corporate authorities or such person
3 or persons as may be designated by ordinance adopted by the
4 corporate authorities, whose determination shall be final and
5 subject to judicial review under the Administrative Review Law.
6 The employer shall be deemed a necessary party to any case
7 brought under the Administrative Review Law.
8     (b) In order for the law enforcement, correctional or
9 correctional probation officer, firefighter, spouse, or
10 dependent children to be eligible for insurance coverage under
11 this Act, the injury or death must have occurred as the result
12 of the officer's response to fresh pursuit, the officer or
13 firefighter's response to what is reasonably believed to be an
14 emergency, an unlawful act perpetrated by another, or during
15 the investigation of a criminal act. Nothing in this Section
16 shall be construed to limit health insurance coverage or
17 pension benefits for which the officer, firefighter, spouse, or
18 dependent children may otherwise be eligible.
19 (Source: P.A. 90-535, eff. 11-14-97.)