Illinois General Assembly - Full Text of SB1589
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Full Text of SB1589  104th General Assembly

SB1589 104TH GENERAL ASSEMBLY

 


 
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1589

 

Introduced 2/4/2025, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 345/1  from Ch. 70, par. 91
5 ILCS 345/2
820 ILCS 315/2  from Ch. 48, par. 282
820 ILCS 315/3  from Ch. 48, par. 283
820 ILCS 315/3.5
820 ILCS 315/4  from Ch. 48, par. 284
820 ILCS 320/3

    Amends the Public Employee Disability Act, the Line of Duty Compensation Act, and the Public Safety Employee Benefits Act. Includes mental health professionals within the scope of the Acts. Defines "mental health professional" as any person employed and dispatched by a unit of local government to respond to crisis calls received on public emergency service lines instead of or in conjunction with law enforcement.


LRB104 07363 SPS 17403 b

 

 

A BILL FOR

 

SB1589LRB104 07363 SPS 17403 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Employee Disability Act is amended
5by changing Sections 1 and 2 as follows:
 
6    (5 ILCS 345/1)  (from Ch. 70, par. 91)
7    Sec. 1. Disability benefit.
8    (a) For the purposes of this Section, "eligible employee"
9means any part-time or full-time State correctional officer or
10any other full or part-time employee of the Department of
11Corrections, any full or part-time employee of the Prisoner
12Review Board, any full or part-time employee of the Department
13of Human Services working within a penal institution or a
14State mental health or developmental disabilities facility
15operated by the Department of Human Services, and any
16full-time law enforcement officer or full-time firefighter,
17including a full-time paramedic or a firefighter who performs
18paramedic duties, who is employed by the State of Illinois,
19any unit of local government (including any home rule unit),
20any State supported college or university, or any other public
21entity granted the power to employ persons for such purposes
22by law, and any full-time mental health professional employed
23and dispatched by any unit of local government, including any

 

 

SB1589- 2 -LRB104 07363 SPS 17403 b

1home rule unit, to respond to crisis calls received on public
2emergency service lines instead of or in conjunction with law
3enforcement.
4    (b) Whenever an eligible employee suffers any injury in
5the line of duty which causes him to be unable to perform his
6duties, he shall continue to be paid by the employing public
7entity on the same basis as he was paid before the injury, with
8no deduction from his sick leave credits, compensatory time
9for overtime accumulations or vacation, or service credits in
10a public employee pension fund during the time he is unable to
11perform his duties due to the result of the injury, but not
12longer than one year in relation to the same injury, except as
13otherwise provided under subsection (b-5). However, no injury
14to an employee of the Department of Corrections or the
15Prisoner Review Board working within a penal institution or an
16employee of the Department of Human Services working within a
17departmental mental health or developmental disabilities
18facility shall qualify the employee for benefits under this
19Section unless the injury is the direct or indirect result of
20violence by inmates of the penal institution or residents of
21the mental health or developmental disabilities facility.
22    (b-5) Upon the occurrence of circumstances, directly or
23indirectly attributable to COVID-19, occurring on or after
24March 9, 2020 and on or before June 30, 2021 (including the
25period between December 31, 2020 and the effective date of
26this amendatory Act of the 101st General Assembly) which would

 

 

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1hinder the physical recovery from an injury of an eligible
2employee within the one-year period as required under
3subsection (b), the eligible employee shall be entitled to an
4extension of no longer than 60 days by which he or she shall
5continue to be paid by the employing public entity on the same
6basis as he or she was paid before the injury. The employing
7public entity may require proof of the circumstances hindering
8an eligible employee's physical recovery before granting the
9extension provided under this subsection (b-5).
10    (c) At any time during the period for which continuing
11compensation is required by this Act, the employing public
12entity may order at the expense of that entity physical or
13medical examinations of the injured person to determine the
14degree of disability.
15    (d) During this period of disability, the injured person
16shall not be employed in any other manner, with or without
17monetary compensation. Any person who is employed in violation
18of this paragraph forfeits the continuing compensation
19provided by this Act from the time such employment begins. Any
20salary compensation due the injured person from workers'
21compensation or any salary due him from any type of insurance
22which may be carried by the employing public entity shall
23revert to that entity during the time for which continuing
24compensation is paid to him under this Act. Any person with a
25disability receiving compensation under the provisions of this
26Act shall not be entitled to any benefits for which he would

 

 

SB1589- 4 -LRB104 07363 SPS 17403 b

1qualify because of his disability under the provisions of the
2Illinois Pension Code.
3    (e) Any employee of the State of Illinois, as defined in
4Section 14-103.05 of the Illinois Pension Code, who becomes
5permanently unable to perform the duties of such employment
6due to an injury received in the active performance of his
7duties as a State employee as a result of a willful act of
8violence by another employee of the State of Illinois, as so
9defined, committed during such other employee's course of
10employment and after January 1, 1988, shall be eligible for
11benefits pursuant to the provisions of this Section. For
12purposes of this Section, permanent disability is defined as a
13diagnosis or prognosis of an inability to return to current
14job duties by a physician licensed to practice medicine in all
15of its branches.
16    (f) The compensation and other benefits provided to
17part-time employees covered by this Section shall be
18calculated based on the percentage of time the part-time
19employee was scheduled to work pursuant to his or her status as
20a part-time employee.
21    (g) Pursuant to paragraphs (h) and (i) of Section 6 of
22Article VII of the Illinois Constitution, this Act
23specifically denies and limits the exercise by home rule units
24of any power which is inconsistent herewith, and all existing
25laws and ordinances which are inconsistent herewith are hereby
26superseded. This Act does not preempt the concurrent exercise

 

 

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1by home rule units of powers consistent herewith.
2    This Act does not apply to any home rule unit with a
3population of over 1,000,000.
4    (h) In those cases where the injury to a State employee for
5which a benefit is payable under this Act was caused under
6circumstances creating a legal liability for damages on the
7part of some person other than the State employer, all of the
8rights and privileges, including the right to notice of suit
9brought against such other person and the right to commence or
10join in such suit, as given the employer, together with the
11conditions or obligations imposed under paragraph (b) of
12Section 5 of the Workers' Compensation Act, are also given and
13granted to the State, to the end that, with respect to State
14employees only, the State may be paid or reimbursed for the
15amount of benefit paid or to be paid by the State to the
16injured employee or his or her personal representative out of
17any judgment, settlement, or payment for such injury obtained
18by such injured employee or his or her personal representative
19from such other person by virtue of the injury.
20(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20;
21101-653, eff. 2-28-21.)
 
22    (5 ILCS 345/2)
23    Sec. 2. Illness disability benefit.
24    (a) As used in this Section:
25    "Eligible employee" means any full-time law enforcement

 

 

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1officer, any or full-time firefighter, including a full-time
2paramedic or a firefighter who performs paramedic duties, who
3is employed by any unit of local government, including any
4home rule unit, and any full-time mental health professional
5employed and dispatched by any unit of local government,
6including any home rule unit, to respond to crisis calls
7received on public emergency service lines instead of or in
8conjunction with law enforcement.
9    "Illness" means any illness, disease, or condition the
10presence of which in a community results in the declaration of
11a disaster or emergency by a State, county, or municipal
12official.
13    (b) Whenever an eligible employee suffers an illness in
14the line of duty which causes the employee to be unable to
15perform the employee's duties, the employee shall continue to
16be paid by the employing public entity on the same basis as the
17employee was paid before the illness, with no deduction from
18the employee's sick leave credits, compensatory time for
19overtime accumulations or vacation, or service credits in a
20public pension fund during the time the employee is unable to
21perform the employee's duties due to the result of the
22illness, but not longer than one year in relation to the same
23illness.
24    (c) At any time during the period for which continuing
25compensation is required by this Act, the employing public
26entity may order at the expense of that entity physical or

 

 

SB1589- 7 -LRB104 07363 SPS 17403 b

1medical examinations of the ill person to determine the degree
2of disability.
3    (d) During this period of disability, the ill person shall
4not be employed in any other manner, with or without a monetary
5compensation. Any person who is employed in violation of this
6subsection forfeits the continuing compensation provided by
7this Act from the time such employment begins. Any salary
8compensation due to the ill person from workers' compensation
9or any salary due to the employee from any type of insurance
10which may be carried by the employing public entity shall
11revert to that entity during the time for which continuing
12compensation is paid to the employee under this Act. Any
13person with a disability receiving compensation under the
14provisions of this Act shall not be entitled to any benefits
15for which the employee would qualify because of the employee's
16disability under the provisions of the Illinois Pension Code.
17    (e) Pursuant to paragraphs (h) and (i) of Section 6 of
18Article VII of the Illinois Constitution, this Act
19specifically denies and limits the exercise by home rule units
20of any power which is inconsistent herewith, and all existing
21laws and ordinances which are inconsistent herewith are hereby
22superseded. This Act does not preempt the concurrent exercise
23by home rule units of powers consistent herewith.
24    This Act does not apply to any home rule unit with a
25population of over 1,000,000.
26(Source: P.A. 103-63, eff. 1-1-24.)
 

 

 

SB1589- 8 -LRB104 07363 SPS 17403 b

1    Section 10. The Line of Duty Compensation Act is amended
2by changing Sections 2, 3, 3.5, and 4 as follows:
 
3    (820 ILCS 315/2)  (from Ch. 48, par. 282)
4    Sec. 2. As used in this Act, unless the context otherwise
5requires:
6    (a) "Law enforcement officer" or "officer" means any
7person employed by the State or a local governmental entity as
8a policeman, peace officer, auxiliary policeman or in some
9like position involving the enforcement of the law and
10protection of the public interest at the risk of that person's
11life. This includes supervisors, wardens, superintendents and
12their assistants, guards and keepers, correctional officers,
13youth supervisors, parole agents, aftercare specialists,
14school teachers, and correctional counselors in all facilities
15of both the Department of Corrections and the Department of
16Juvenile Justice, while within the facilities under the
17control of the Department of Corrections or the Department of
18Juvenile Justice or in the act of transporting inmates or
19wards from one location to another or while performing their
20official duties, and all other Department of Corrections or
21Department of Juvenile Justice employees who have daily
22contact with inmates. For the purposes of this Act, "law
23enforcement officer" or "officer" also means a probation
24officer, as defined in Section 9b of the Probation and

 

 

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1Probation Officers Act.
2    The death of the foregoing employees of the Department of
3Corrections or the Department of Juvenile Justice in order to
4be included herein must be by the direct or indirect willful
5act of an inmate, ward, work-releasee, parolee, aftercare
6releasee, parole violator, aftercare release violator, person
7under conditional release, or any person sentenced or
8committed, or otherwise subject to confinement in or to the
9Department of Corrections or the Department of Juvenile
10Justice.
11    (b) "Fireman" means any person employed by the State or a
12local governmental entity as, or otherwise serving as, a
13member or officer of a fire department either for the purpose
14of the prevention or control of fire or the underwater
15recovery of drowning victims, including volunteer firemen.
16    (c) "Local governmental entity" includes counties,
17municipalities, and municipal corporations.
18    (d) "State" means the State of Illinois and its
19departments, divisions, boards, bureaus, commissions,
20authorities, and colleges and universities.
21    (e) "Killed in the line of duty" means losing one's life as
22a result of injury received in the active performance of
23duties as a law enforcement officer, civil defense worker,
24civil air patrol member, paramedic, fireman, mental health
25professional, or chaplain if the death occurs within one year
26from the date the injury was received and if that injury arose

 

 

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1from violence or other accidental cause. In the case of a State
2employee, "killed in the line of duty" means losing one's life
3as a result of injury received in the active performance of
4one's duties as a State employee, if the death occurs within
5one year from the date the injury was received and if that
6injury arose from a willful act of violence by another State
7employee committed during such other employee's course of
8employment and after January 1, 1988. The term excludes death
9resulting from the willful misconduct or intoxication of the
10officer, civil defense worker, civil air patrol member,
11paramedic, fireman, mental health professional, chaplain, or
12State employee. However, the burden of proof of such willful
13misconduct or intoxication of the officer, civil defense
14worker, civil air patrol member, paramedic, fireman, mental
15health professional, chaplain, or State employee is on the
16Attorney General. Subject to the conditions set forth in
17subsection (a) with respect to inclusion under this Act of
18Department of Corrections and Department of Juvenile Justice
19employees described in that subsection, for the purposes of
20this Act, instances in which a law enforcement officer
21receives an injury in the active performance of duties as a law
22enforcement officer include, but are not limited to, instances
23when:
24        (1) the injury is received as a result of a willful act
25    of violence committed other than by the officer and a
26    relationship exists between the commission of such act and

 

 

SB1589- 11 -LRB104 07363 SPS 17403 b

1    the officer's performance of his duties as a law
2    enforcement officer, whether or not the injury is received
3    while the officer is on duty as a law enforcement officer;
4        (2) the injury is received by the officer while the
5    officer is attempting to prevent the commission of a
6    criminal act by another or attempting to apprehend an
7    individual the officer suspects has committed a crime,
8    whether or not the injury is received while the officer is
9    on duty as a law enforcement officer;
10        (3) the injury is received by the officer while the
11    officer is traveling to or from his employment as a law
12    enforcement officer or during any meal break, or other
13    break, which takes place during the period in which the
14    officer is on duty as a law enforcement officer.
15    In the case of an Armed Forces member, "killed in the line
16of duty" means losing one's life while on active duty in
17connection with the September 11, 2001 terrorist attacks on
18the United States, Operation Enduring Freedom, Operation
19Freedom's Sentinel, Operation Iraqi Freedom, Operation New
20Dawn, or Operation Inherent Resolve.
21    (f) "Volunteer fireman" means a person having principal
22employment other than as a fireman, but who is carried on the
23rolls of a regularly constituted fire department either for
24the purpose of the prevention or control of fire or the
25underwater recovery of drowning victims, the members of which
26are under the jurisdiction of the corporate authorities of a

 

 

SB1589- 12 -LRB104 07363 SPS 17403 b

1city, village, incorporated town, or fire protection district,
2and includes a volunteer member of a fire department organized
3under the General Not for Profit Corporation Act, which is
4under contract with any city, village, incorporated town, fire
5protection district, or persons residing therein, for fire
6fighting services. "Volunteer fireman" does not mean an
7individual who volunteers assistance without being regularly
8enrolled as a fireman.
9    (g) "Civil defense worker" means any person employed by
10the State or a local governmental entity as, or otherwise
11serving as, a member of a civil defense work force, including
12volunteer civil defense work forces engaged in serving the
13public interest during periods of disaster, whether natural or
14man-made.
15    (h) "Civil air patrol member" means any person employed by
16the State or a local governmental entity as, or otherwise
17serving as, a member of the organization commonly known as the
18"Civil Air Patrol", including volunteer members of the
19organization commonly known as the "Civil Air Patrol".
20    (i) "Paramedic" means an Emergency Medical
21Technician-Paramedic certified by the Illinois Department of
22Public Health under the Emergency Medical Services (EMS)
23Systems Act, and all other emergency medical personnel
24certified by the Illinois Department of Public Health who are
25members of an organized body or not-for-profit corporation
26under the jurisdiction of a city, village, incorporated town,

 

 

SB1589- 13 -LRB104 07363 SPS 17403 b

1fire protection district, or county, that provides emergency
2medical treatment to persons of a defined geographical area.
3    (j) "State employee" means any employee as defined in
4Section 14-103.05 of the Illinois Pension Code.
5    (k) "Chaplain" means an individual who:
6        (1) is a chaplain of (i) a fire department or (ii) a
7    police department or other agency consisting of law
8    enforcement officers; and
9        (2) has been designated a chaplain by (i) the fire
10    department, police department, or other agency or an
11    officer or body having jurisdiction over the department or
12    agency or (ii) a labor organization representing the
13    firemen or law enforcement officers.
14    (l) "Armed Forces member" means an Illinois resident who
15is: a member of the Armed Forces of the United States; a member
16of the Illinois National Guard while on active military
17service pursuant to an order of the President of the United
18States; or a member of any reserve component of the Armed
19Forces of the United States while on active military service
20pursuant to an order of the President of the United States.
21    (m) "Mental health professional" means any person employed
22and dispatched by a unit of local government to respond to
23crisis calls received on public emergency service lines
24instead of or in conjunction with law enforcement.
25(Source: P.A. 102-221, eff. 1-1-22; 103-605, eff. 7-1-24.)
 

 

 

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1    (820 ILCS 315/3)  (from Ch. 48, par. 283)
2    Sec. 3. Duty death benefit.
3    (a) If a claim therefor is made within 2 years of the date
4of death of a law enforcement officer, civil defense worker,
5civil air patrol member, paramedic, fireman, chaplain, mental
6health professional, or State employee killed in the line of
7duty, or if a claim therefor is made within 2 years of the date
8of death of an Armed Forces member killed in the line of duty,
9compensation shall be paid to the person designated by the law
10enforcement officer, civil defense worker, civil air patrol
11member, paramedic, fireman, chaplain, mental health
12professional, State employee, or Armed Forces member. However,
13if the Armed Forces member was killed in the line of duty
14before October 18, 2004, the claim must be made within one year
15of October 18, 2004. In addition, if a death occurred after
16December 31, 2016 and before January 1, 2021, the claim may be
17made no later than December 31, 2022 notwithstanding any other
18deadline established under this Act with respect to filing a
19claim for a duty death benefit.
20    (b) The amount of compensation, except for an Armed Forces
21member, shall be $10,000 if the death in the line of duty
22occurred prior to January 1, 1974; $20,000 if such death
23occurred after December 31, 1973 and before July 1, 1983;
24$50,000 if such death occurred on or after July 1, 1983 and
25before January 1, 1996; $100,000 if the death occurred on or
26after January 1, 1996 and before May 18, 2001; $118,000 if the

 

 

SB1589- 15 -LRB104 07363 SPS 17403 b

1death occurred on or after May 18, 2001 and before July 1,
22002; and $259,038 if the death occurred on or after July 1,
32002 and before January 1, 2003. For an Armed Forces member
4killed in the line of duty (i) at any time before January 1,
52005, the compensation is $259,038 plus amounts equal to the
6increases for 2003 and 2004 determined under subsection (c)
7and (ii) on or after January 1, 2005, the compensation is the
8amount determined under item (i) plus the applicable increases
9for 2005 and thereafter determined under subsection (c).
10    (c) Except as provided in subsection (b), for deaths
11occurring on or after January 1, 2003, the death compensation
12rate for death in the line of duty occurring in a particular
13calendar year shall be the death compensation rate for death
14occurring in the previous calendar year (or in the case of
15deaths occurring in 2003, the rate in effect on December 31,
162002) increased by a percentage thereof equal to the
17percentage increase, if any, in the index known as the
18Consumer Price Index for All Urban Consumers: U.S. city
19average, unadjusted, for all items, as published by the United
20States Department of Labor, Bureau of Labor Statistics, for
21the 12 months ending with the month of June of that previous
22calendar year.
23    (d) If no beneficiary is designated or if no designated
24beneficiary survives at the death of the law enforcement
25officer, civil defense worker, civil air patrol member,
26paramedic, fireman, mental health professional, chaplain, or

 

 

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1State employee killed in the line of duty, the compensation
2shall be paid in accordance with a legally binding will left by
3the law enforcement officer, civil defense worker, civil air
4patrol member, paramedic, fireman, mental health professional,
5chaplain, or State employee. If the law enforcement officer,
6civil defense worker, civil air patrol member, paramedic,
7fireman, mental health professional, chaplain, or State
8employee did not leave a legally binding will, the
9compensation shall be paid as follows:
10        (1) when there is a surviving spouse, the entire sum
11    shall be paid to the spouse;
12        (2) when there is no surviving spouse, but a surviving
13    descendant of the decedent, the entire sum shall be paid
14    to the decedent's descendants per stirpes;
15        (3) when there is neither a surviving spouse nor a
16    surviving descendant, the entire sum shall be paid to the
17    parents of the decedent in equal parts, allowing to the
18    surviving parent, if one is dead, the entire sum; and
19        (4) when there is no surviving spouse, descendant or
20    parent of the decedent, but there are surviving brothers
21    or sisters, or descendants of a brother or sister, who
22    were receiving their principal support from the decedent
23    at his death, the entire sum shall be paid, in equal parts,
24    to the dependent brothers or sisters or dependent
25    descendant of a brother or sister. Dependency shall be
26    determined by the Court of Claims based upon the

 

 

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1    investigation and report of the Attorney General.
2The changes made to this subsection (d) by this amendatory Act
3of the 94th General Assembly apply to any pending case as long
4as compensation has not been paid to any party before the
5effective date of this amendatory Act of the 94th General
6Assembly.
7    (d-1) For purposes of subsection (d), in the case of a
8person killed in the line of duty who was born out of wedlock
9and was not an adoptive child at the time of the person's
10death, a person shall be deemed to be a parent of the person
11killed in the line of duty only if that person would be an
12eligible parent, as defined in Section 2-2 of the Probate Act
13of 1975, of the person killed in the line of duty. This
14subsection (d-1) applies to any pending claim if compensation
15was not paid to the claimant of the pending claim before the
16effective date of this amendatory Act of the 94th General
17Assembly.
18    (d-2) If no beneficiary is designated or if no designated
19beneficiary survives at the death of the Armed Forces member
20killed in the line of duty, the compensation shall be paid in
21entirety according to the designation made on the most recent
22version of the Armed Forces member's Servicemembers' Group
23Life Insurance Election and Certificate ("SGLI").
24    If no SGLI form exists at the time of the Armed Forces
25member's death, the compensation shall be paid in accordance
26with a legally binding will left by the Armed Forces member.

 

 

SB1589- 18 -LRB104 07363 SPS 17403 b

1    If no SGLI form exists for the Armed Forces member and the
2Armed Forces member did not leave a legally binding will, the
3compensation shall be paid to the persons and in the priority
4as set forth in paragraphs (1) through (4) of subsection (d) of
5this Section.
6    This subsection (d-2) applies to any pending case as long
7as compensation has not been paid to any party before the
8effective date of this amendatory Act of the 94th General
9Assembly.
10    (e) If there is no beneficiary designated or if no
11designated beneficiary survives at the death of the law
12enforcement officer, civil defense worker, civil air patrol
13member, paramedic, fireman, mental health professional,
14chaplain, State employee, or Armed Forces member killed in the
15line of duty and there is no other person or entity to whom
16compensation is payable under this Section, no compensation
17shall be payable under this Act.
18    (f) No part of such compensation may be paid to any other
19person for any efforts in securing such compensation.
20    (g) This amendatory Act of the 93rd General Assembly
21applies to claims made on or after October 18, 2004 with
22respect to an Armed Forces member killed in the line of duty.
23    (h) In any case for which benefits have not been paid
24within 6 months of the claim being filed in accordance with
25this Section, which is pending as of the effective date of this
26amendatory Act of the 96th General Assembly, and in which

 

 

SB1589- 19 -LRB104 07363 SPS 17403 b

1there are 2 or more beneficiaries, at least one of whom would
2receive at least a portion of the total benefit regardless of
3the manner in which the Court of Claims resolves the claim, the
4Court shall direct the Comptroller to pay the minimum amount
5of money which the determinate beneficiary would receive
6together with all interest payment penalties which have
7accrued on that portion of the award being paid within 30 days
8of the effective date of this amendatory Act of the 96th
9General Assembly. For purposes of this subsection (h),
10"determinate beneficiary" means the beneficiary who would
11receive any portion of the total benefit claimed regardless of
12the manner in which the Court of Claims adjudicates the claim.
13    (i) The Court of Claims shall ensure that all individuals
14who have filed an application to claim the duty death benefit
15for a deceased member of the Armed Forces pursuant to this
16Section or for a fireman pursuant to this Section, or their
17designated representative, shall have access, on a timely
18basis and in an efficient manner, to all information related
19to the court's consideration, processing, or adjudication of
20the claim, including, but not limited to, the following:
21        (1) a reliable estimate of when the Court of Claims
22    will adjudicate the claim, or if the Court cannot estimate
23    when it will adjudicate the claim, a full written
24    explanation of the reasons for this inability; and
25        (2) a reliable estimate, based upon consultation with
26    the Comptroller, of when the benefit will be paid to the

 

 

SB1589- 20 -LRB104 07363 SPS 17403 b

1    claimant.
2    (j) The Court of Claims shall send written notice to all
3claimants within 2 weeks of the initiation of a claim
4indicating whether or not the application is complete. For
5purposes of this subsection (j), an application is complete if
6a claimant has submitted to the Court of Claims all documents
7and information the Court requires for adjudicating and paying
8the benefit amount. For purposes of this subsection (j), a
9claim for the duty death benefit is initiated when a claimant
10submits any of the application materials required for
11adjudicating the claim to the Court of Claims. In the event a
12claimant's application is incomplete, the Court shall include
13in its written notice a list of the information or documents
14which the claimant must submit in order for the application to
15be complete. In no case may the Court of Claims deny a claim
16and subsequently re-adjudicate the same claim for the purpose
17of evading or reducing the interest penalty payment amount
18payable to any claimant.
19(Source: P.A. 102-215, eff. 7-30-21; 103-8, eff. 6-7-23.)
 
20    (820 ILCS 315/3.5)
21    Sec. 3.5. Burial benefit. A burial benefit of up to a
22maximum of $20,000 shall be payable to the surviving spouse or
23estate of a law enforcement officer, mental health
24professional, or fireman who is killed in the line of duty
25after June 30, 2018.

 

 

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1    The Attorney General and the Court of Claims may jointly
2adopt rules and procedures for the implementation of this
3Section.
4(Source: P.A. 101-28, eff. 1-1-20.)
 
5    (820 ILCS 315/4)  (from Ch. 48, par. 284)
6    Sec. 4. Notwithstanding Section 3, no compensation is
7payable under this Act unless a claim therefor is filed,
8within the time specified by that Section with the Court of
9Claims on an application prescribed and furnished by the
10Attorney General and setting forth:
11        (a) the name, address and title or designation of the
12    position in which the officer, civil defense worker, civil
13    air patrol member, paramedic, fireman, chaplain, State
14    employee, or Armed Forces member was serving at the time
15    of his death;
16        (b) the names and addresses of person or persons
17    designated by the officer, civil defense worker, civil air
18    patrol member, paramedic, fireman, chaplain, mental health
19    professional, State employee, or Armed Forces member to
20    receive the compensation and, if more than one, the
21    percentage or share to be paid to each such person, or if
22    there has been no such designation, the name and address
23    of the personal representative of the estate of the
24    officer, civil defense worker, civil air patrol member,
25    paramedic, fireman, mental health professional, chaplain,

 

 

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1    State employee, or Armed Forces member;
2        (c) a full, factual account of the circumstances
3    resulting in or the course of events causing the death of
4    the officer, civil defense worker, civil air patrol
5    member, paramedic, fireman, mental health professional,
6    chaplain, State employee, or Armed Forces member; and
7        (d) such other information as the Court of Claims
8    reasonably requires.
9    When a claim is filed, the Attorney General shall make an
10investigation for substantiation of matters set forth in such
11an application.
12    For the 2 years immediately following the effective date
13of this amendatory act of the 96th General Assembly, the Court
14of Claims shall direct the Comptroller to pay a
15"Modified-Eligibility Line of Duty Benefit" to eligible late
16claimants who file a claim for the benefit. A claim for a
17Modified-Eligibility Line of Duty Benefit must include all the
18application materials and documents required for all other
19claims payable under this Act, except as otherwise provided in
20this Section 4. For purposes of this Section 4 only, an
21"eligible late claimant" is a person who would have been
22eligible, at any time after September 11, 2001, to apply for
23and receive payment of a claim pursuant to this Act in
24connection with the death of an Armed Forces member killed in
25the line of duty or a fireman killed in the line of duty, but
26did not receive the award payment because:

 

 

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1        (1) the claim was rejected only because the claim was
2    not filed within the time limitation set forth in
3    subsection (a) of Section 3 of this Act; or
4        (2) having met all other preconditions for applying
5    for and receiving the award payment, the claimant did not
6    file a claim because the claim would not have been filed
7    within the time limitation set forth in subsection (a) of
8    Section 3 of this Act. For purposes of this Section 4 only,
9    the "Modified-Eligibility Line of Duty Benefit" is an
10    amount of money payable to eligible late claimants equal
11    to the amount set forth in Section 3 of this Act payable to
12    claimants seeking payment of awards under Section 3 of
13    this Act for claims made thereunder in the year in which
14    the claim for the Modified-Eligibility Line of Duty
15    Benefit is made. Within 6 months of receiving a complete
16    claim for the Modified-Eligibility Line of Duty Benefit,
17    the Court of Claims must direct the Comptroller to pay the
18    benefit amount to the eligible late claimant.
19(Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)
 
20    Section 15. The Public Safety Employee Benefits Act is
21amended by changing Section 3 as follows:
 
22    (820 ILCS 320/3)
23    Sec. 3. Definition. For the purposes of this Act, the term
24"firefighter" includes, without limitation, a licensed

 

 

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1emergency medical technician (EMT) who is a sworn member of a
2public fire department, a paramedic employed by a unit of
3local government, or an EMT, emergency medical
4technician-intermediate (EMT-I), or advanced emergency medical
5technician (A-EMT) employed by a unit of local government.
6    For the purposes of this Act, the term "health insurance
7plan" is limited to the insurance plan options that are
8codified in the employee's collective bargaining agreement. If
9the collective bargaining agreement is silent on plan options,
10the available plans for the employee shall be negotiated with
11the authorized representative and subject to the grievance
12process.
13    For the purposes of this Act, the term "full-time law
14enforcement" includes mental health professionals employed and
15dispatched by a unit of local government to respond to crisis
16calls received on public emergency service lines instead of or
17in conjunction with law enforcement.
18(Source: P.A. 102-439, eff. 1-1-22.)