Full Text of SB1245 98th General Assembly
SB1245eng 98TH GENERAL ASSEMBLY |
| | SB1245 Engrossed | | LRB098 00197 KTG 30200 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 firefighter | 10 | | (hereinafter referred to as "PSEBA recipient") , who, on or | 11 | | after the effective
date of this Act suffers a catastrophic | 12 | | injury or is killed in the line of duty
shall pay the entire | 13 | | premium of the employer's health insurance plan for the PSEBA | 14 | | recipient
injured employee , the PSEBA recipient's injured | 15 | | employee's spouse, and for each dependent child
of the PSEBA | 16 | | recipient injured employee until the child reaches the age of | 17 | | majority or until
the end of the calendar year in which the | 18 | | child reaches the age of 25 if the
child continues to be | 19 | | dependent for support or the child is a full-time or
part-time | 20 | | student and is dependent for support. The term "health | 21 | | insurance
plan" does not include supplemental benefits that are | 22 | | not part of the basic
group health insurance plan.
If the PSEBA | 23 | | recipient
injured employee subsequently dies, the employer |
| | | SB1245 Engrossed | - 2 - | LRB098 00197 KTG 30200 b |
|
| 1 | | shall continue to pay the
entire health insurance premium for | 2 | | the surviving spouse until remarried and
for the dependent | 3 | | children under the conditions established in this Section.
| 4 | | However:
| 5 | | (1) Health insurance benefits payable from any other | 6 | | source shall reduce
benefits payable under this Section.
| 7 | | (2) It is unlawful for a person to willfully and | 8 | | knowingly make, or cause
to be made, or to assist, conspire | 9 | | with, or urge another to make, or cause to
be made, any | 10 | | false, fraudulent, or misleading oral or written statement | 11 | | to
obtain health insurance coverage as provided under this | 12 | | Section. A violation
of this item is a Class A misdemeanor.
| 13 | | (3) Upon conviction for a violation described in item | 14 | | (2), a law
enforcement, correctional or correctional | 15 | | probation officer, or other
beneficiary who receives or | 16 | | seeks to receive health insurance benefits under
this | 17 | | Section shall forfeit the right to receive health insurance | 18 | | benefits and
shall reimburse the employer for all benefits | 19 | | paid due to the fraud or other
prohibited activity. For | 20 | | purposes of this item, "conviction" means a
determination | 21 | | of guilt that is the result of a plea or trial, regardless | 22 | | of
whether adjudication is withheld.
| 23 | | (b) In order for the law enforcement, correctional or | 24 | | correctional probation
officer, firefighter, spouse, or | 25 | | dependent children to be eligible for
insurance coverage under | 26 | | this Act, the injury or death must have occurred as
the result |
| | | SB1245 Engrossed | - 3 - | LRB098 00197 KTG 30200 b |
|
| 1 | | of the officer's response to fresh pursuit, the officer or
| 2 | | firefighter's response to what is reasonably believed to be an | 3 | | emergency, an
unlawful act perpetrated by another, or during | 4 | | the investigation of a criminal
act. Nothing in this Section | 5 | | shall be construed to limit health insurance
coverage or | 6 | | pension benefits for which the officer, firefighter, spouse, or
| 7 | | dependent children may otherwise be eligible.
| 8 | | (c) A PSEBA recipient subject to this Act shall be required | 9 | | to file a report with his or her employer as prescribed in this | 10 | | Section. The Commission on Government Forecasting and | 11 | | Accountability (COGFA) shall design the form and prescribe the | 12 | | content of the report in cooperation with one statewide labor | 13 | | organization representing police, one statewide labor | 14 | | organization representing firefighters employed by at least | 15 | | 100 municipalities in this State, that is affiliated with the | 16 | | Illinois State Federation of Labor, one statewide organization | 17 | | representing municipalities, and one regional organization | 18 | | representing municipalities. COGFA may accept comment from any | 19 | | source, but shall not be required to solicit public comment. | 20 | | Within 60 days after the effective date of this amendatory Act | 21 | | of the 98th General Assembly, COGFA shall design and remit a | 22 | | copy of this form to all employers subject to this Act. The | 23 | | form shall include the following: | 24 | | (1) employment by the PSEBA recipient within the | 25 | | previous 24-month period or since the time the PSEBA | 26 | | recipient began receiving benefits under this Act if less |
| | | SB1245 Engrossed | - 4 - | LRB098 00197 KTG 30200 b |
|
| 1 | | than 24 months; | 2 | | (2) compensation earned by the PSEBA recipient as a | 3 | | result of the employment; | 4 | | (3) the nature of the injury that entitled the PSEBA | 5 | | recipient to a duty disability benefit and benefits as | 6 | | provided under this Act listing the part of the body | 7 | | affected, explaining how it was affected, and including the | 8 | | medical diagnosis, if known; | 9 | | (4) whether the PSEBA recipient or his or her spouse | 10 | | has been offered or has access to any insurance from the | 11 | | PSEBA recipient's employment or his or her spouse's | 12 | | employment; | 13 | | (5) whether the PSEBA recipient or his or her spouse is | 14 | | currently enrolled in any insurance plan from another | 15 | | source; | 16 | | (6) a description of benefits offered by the PSEBA | 17 | | recipient's employer or the employer of his or her spouse, | 18 | | including policy limits, co-pay requirements, and | 19 | | deductibles; and | 20 | | (7) the cost of the insurance offered by the PSEBA | 21 | | recipient's employer or the employer of his or her spouse. | 22 | | Within 30 days after receipt of this form, an employer | 23 | | shall notify any PSEBA recipient receiving benefits under this | 24 | | Act of that recipient's obligation to file a report under this | 25 | | Section. A PSEBA recipient receiving benefits under this Act | 26 | | must complete and return this form to the employer within 60 |
| | | SB1245 Engrossed | - 5 - | LRB098 00197 KTG 30200 b |
|
| 1 | | days of receipt of such form. Any PSEBA recipient who has been | 2 | | given notice as provided under this Section and who fails to | 3 | | timely file a report under this Section within 60 days after | 4 | | receipt of this form shall be notified by the employer that he | 5 | | or she has 30 days to submit the report or risk incurring the | 6 | | cost of his or her benefits provided under this Act. An | 7 | | employer may seek reimbursement for premium payments for a | 8 | | PSEBA recipient who fails to file this report with the employer | 9 | | 30 days after receiving this notice. The PSEBA recipient is | 10 | | responsible for reimbursing the employer for premiums paid | 11 | | during the period the report is due and not filed. Employers | 12 | | shall return this form to COGFA within 30 days after receiving | 13 | | the form from the PSEBA recipient. | 14 | | Any information collected by the employer under this | 15 | | Section shall be exempt from the requirements of the Freedom of | 16 | | Information Act except for data collected in the aggregate that | 17 | | does not reveal any personal information concerning the PSEBA | 18 | | recipient. | 19 | | By July 1 of every odd-numbered year, beginning in 2015, | 20 | | employers subject to this Act must send a form to all PSEBA | 21 | | recipients eligible for benefits under this Act. The PSEBA | 22 | | recipient must complete and return this form by September 1 of | 23 | | that year. Any PSEBA recipient who has been given notice as | 24 | | provided under this Section and who fails to timely file a | 25 | | completed form under this Section within 60 days after receipt | 26 | | of this form shall be notified by the employer that he or she |
| | | SB1245 Engrossed | - 6 - | LRB098 00197 KTG 30200 b |
|
| 1 | | has 30 days to submit the form or risk incurring the costs of | 2 | | his or her benefits provided under this Act. The PSEBA | 3 | | recipient is responsible for reimbursing the employer for | 4 | | premiums paid during the period the report is due and not | 5 | | filed. The employer shall resume premium payments upon receipt | 6 | | of the completed form. Employers shall return this form to | 7 | | COGFA within 30 days after receiving the form from the PSEBA | 8 | | recipient. | 9 | | (d) An employer subject to this Act shall file a claims | 10 | | report with COGFA. COGFA shall design the form and prescribe | 11 | | the content of the report in cooperation with one statewide | 12 | | labor organization representing police, one statewide labor | 13 | | organization representing firefighters employed by at least | 14 | | 100 municipalities in this State, that is affiliated with the | 15 | | Illinois State Federation of Labor, one statewide organization | 16 | | representing municipalities, and one regional organization | 17 | | representing municipalities. Within 60 days after the | 18 | | effective date of this amendatory Act of the 98th General | 19 | | Assembly, and by July 1 of every odd-numbered year thereafter | 20 | | beginning in 2015, COGFA shall remit a copy of this form to all | 21 | | employers subject to this Act. An employer covered under this | 22 | | Act shall file a copy of this report with COGFA within 120 days | 23 | | after receipt of the form. | 24 | | The first claims report filed with COGFA under this Section | 25 | | shall set forth all information gathered pursuant to this | 26 | | Section and, when available, shall submit the information |
| | | SB1245 Engrossed | - 7 - | LRB098 00197 KTG 30200 b |
|
| 1 | | required under this Section for each of the 5 years prior to | 2 | | the year in which this amendatory Act of the 98th General | 3 | | Assembly became law. All claims reports thereafter shall set | 4 | | forth the required information for the 24-month period ending | 5 | | on June 30 preceding the deadline date for filing the report. | 6 | | The claims report shall, at a minimum, contain the following | 7 | | information: | 8 | | (1) the number of claims filed under this Act during | 9 | | the reporting period; | 10 | | (2) the number of claims awarded under this Act during | 11 | | the reporting period; | 12 | | (3) the dollar amount of all claims awarded under this | 13 | | Act during the reporting period; | 14 | | (4) the number of claims paid under this Act during the | 15 | | reporting period regardless of when the claim was awarded; | 16 | | (5) the dollar amount of all claims paid under this Act | 17 | | during the reporting period regardless of when the claim | 18 | | was awarded; | 19 | | (6) the annual cost of the benefit; | 20 | | (7) the nature of the injury as described by the PSEBA | 21 | | recipient under item (3) of subsection (c); | 22 | | (8) any employment during the annual reporting period; | 23 | | (9) the compensation earned as a result of that | 24 | | employment; | 25 | | (10) any offered or accessible insurance options | 26 | | through the PSEBA recipient's employment or his or her |
| | | SB1245 Engrossed | - 8 - | LRB098 00197 KTG 30200 b |
|
| 1 | | spouse's employment; | 2 | | (11) a description of benefits offered by the PSEBA | 3 | | recipient's employer or the employer of his or her spouse, | 4 | | including policy limits, co-pay requirements, and | 5 | | deductibles; and | 6 | | (12) the cost of the insurance offered by the PSEBA | 7 | | recipient's employer or the employer of his or her spouse. | 8 | | The claims report shall redact any information as required | 9 | | by the Health Insurance Portability and Accountability Act of | 10 | | 1996 (HIPAA). Any information submitted to COGFA shall not | 11 | | reveal any personal information of the PSEBA recipient. | 12 | | Whenever possible, communication between COGFA and employers | 13 | | as required by this Act shall be through electronic means. | 14 | | (e) By June 1, 2014, and by January 1 of every | 15 | | even-numbered year thereafter beginning in 2016, COGFA shall | 16 | | submit a report to the Governor and General Assembly setting | 17 | | forth the information received under subsections (c) and (d). | 18 | | The report shall aggregate data in such a way as to not reveal | 19 | | the identity of any singular beneficiary. The requirement for | 20 | | reporting to the General Assembly shall be satisfied by filing | 21 | | copies of the report with the Speaker, Minority Leader, and | 22 | | Clerk of the House of Representatives, the President, Minority | 23 | | Leader, and Secretary of the Senate, the Legislative Research | 24 | | Unit as required under Section 3.1 of the General Assembly | 25 | | Organization Act, and the State Government Report Distribution | 26 | | Center for the General Assembly as required under paragraph (t) |
| | | SB1245 Engrossed | - 9 - | LRB098 00197 KTG 30200 b |
|
| 1 | | of Section 7 of the State Library Act. COGFA shall make this | 2 | | report available electronically on a publicly accessible | 3 | | website. | 4 | | (Source: P.A. 90-535, eff. 11-14-97.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|