Full Text of HB0782 101st General Assembly
HB0782eng 101ST GENERAL ASSEMBLY |
| | HB0782 Engrossed | | LRB101 03774 JLS 48782 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 Employee Disability Act is amended by | 5 | | changing Section 1 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" | 9 | | means any
part-time or full-time State correctional officer or | 10 | | any other full or
part-time employee of the Department of | 11 | | Corrections, any full or part-time
employee of the Prisoner | 12 | | Review Board, any full or part-time employee of the
Department | 13 | | of Human Services working within a
penal institution or a State | 14 | | mental health or developmental
disabilities facility operated | 15 | | by the Department of Human Services, and any
full-time law | 16 | | enforcement officer or
full-time firefighter, including a | 17 | | full-time paramedic or a firefighter who performs paramedic | 18 | | duties, who is employed by the State of Illinois, any unit of
| 19 | | local government (including any home rule unit), any State | 20 | | supported college or
university, or any other public entity | 21 | | granted the power to employ persons for
such purposes by law.
| 22 | | (b) Whenever an eligible employee suffers any injury in the | 23 | | line of duty
which causes him to be unable to perform his |
| | | HB0782 Engrossed | - 2 - | LRB101 03774 JLS 48782 b |
|
| 1 | | duties, he shall continue to be
paid by the employing public | 2 | | entity on the same basis as he was paid before the
injury, with | 3 | | no deduction from his sick leave credits, compensatory time for
| 4 | | overtime accumulations or vacation, or service credits in a | 5 | | public employee
pension fund during the time he is unable to | 6 | | perform his duties due to the
result of the injury, but not | 7 | | longer than one year in relation to the same
injury, except as | 8 | | otherwise provided under subsection (b-5). However, no injury | 9 | | to an employee of the Department
of Corrections or
the Prisoner | 10 | | Review Board working within a penal institution or an employee | 11 | | of
the Department of Human Services working within a
| 12 | | departmental mental health or developmental disabilities | 13 | | facility shall
qualify the employee for benefits under this | 14 | | Section unless the
injury is the
direct or indirect result of | 15 | | violence by inmates of the penal institution or
residents of | 16 | | the mental health or developmental
disabilities facility.
| 17 | | (b-5) Upon the occurrence of circumstances, directly or | 18 | | indirectly attributable to COVID-19, occurring on or after | 19 | | March 9, 2020 and on or before June 30, 2021 (including the | 20 | | period between December 31, 2020 and the effective date of this | 21 | | amendatory Act of the 101st General Assembly) December 31, 2020 | 22 | | which would hinder the physical recovery from an injury of an | 23 | | eligible employee within the one-year period as required under | 24 | | subsection (b), the eligible employee shall be entitled to an | 25 | | extension of no longer than 60 days by which he or she shall | 26 | | continue to be paid by the employing public entity on the same |
| | | HB0782 Engrossed | - 3 - | LRB101 03774 JLS 48782 b |
|
| 1 | | basis as he or she was paid before the injury. The employing | 2 | | public entity may require proof of the circumstances hindering | 3 | | an eligible employee's physical recovery before granting the | 4 | | extension provided under this subsection (b-5). | 5 | | (c) At any time during the period for which continuing | 6 | | compensation
is required by this Act, the employing public | 7 | | entity may order at the
expense of that entity physical or | 8 | | medical examinations of the injured
person to determine the | 9 | | degree of disability.
| 10 | | (d) During this period of disability, the injured person | 11 | | shall not
be employed in any other manner, with or without | 12 | | monetary compensation.
Any person who is employed in violation | 13 | | of this paragraph forfeits the
continuing compensation | 14 | | provided by this Act from the time such
employment begins. Any | 15 | | salary compensation due the injured person from
workers' | 16 | | compensation or any salary due him from any type of insurance
| 17 | | which may be carried by the employing public entity shall | 18 | | revert to that
entity during the time for which continuing | 19 | | compensation is paid to him
under this Act. Any person with a | 20 | | disability receiving compensation under the
provisions of this | 21 | | Act shall not be entitled to any benefits for which
he would | 22 | | qualify because of his disability under the provisions of the
| 23 | | Illinois Pension Code.
| 24 | | (e) Any employee of the State of Illinois, as defined in | 25 | | Section 14-103.05
of the Illinois Pension Code, who becomes | 26 | | permanently unable to perform the
duties of such employment due |
| | | HB0782 Engrossed | - 4 - | LRB101 03774 JLS 48782 b |
|
| 1 | | to an injury received in the active performance
of his duties | 2 | | as a State employee as a result of a willful act of violence by
| 3 | | another employee of the State of Illinois, as so defined, | 4 | | committed during such
other employee's course of employment and | 5 | | after January 1, 1988, shall be
eligible for benefits pursuant | 6 | | to the provisions of this Section. For purposes
of this | 7 | | Section, permanent disability is defined as a diagnosis or | 8 | | prognosis of
an inability to return to current job duties by a | 9 | | physician licensed to
practice medicine in all of its branches.
| 10 | | (f) The compensation and other benefits provided to | 11 | | part-time employees
covered by this Section shall be calculated | 12 | | based on the percentage of time
the part-time employee was | 13 | | scheduled to work pursuant to his or her status as
a part-time | 14 | | employee.
| 15 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of | 16 | | Article VII of
the Illinois Constitution, this Act specifically | 17 | | denies and limits the exercise
by home rule units of any power | 18 | | which is inconsistent herewith, and all
existing laws and | 19 | | ordinances which are inconsistent herewith are hereby
| 20 | | superseded. This Act does not preempt the concurrent exercise | 21 | | by home rule
units of powers consistent herewith.
| 22 | | This Act does not apply to any home rule unit with a | 23 | | population of over
1,000,000.
| 24 | | (h) In those cases where the injury to a State employee for | 25 | | which
a benefit is payable under this Act was caused
under | 26 | | circumstances creating a legal liability for damages on the |
| | | HB0782 Engrossed | - 5 - | LRB101 03774 JLS 48782 b |
|
| 1 | | part
of some person other than the State employer, all of the | 2 | | rights
and privileges, including the right to notice of suit | 3 | | brought against
such other person and the right to commence or | 4 | | join in such suit, as
given the employer, together with the | 5 | | conditions or obligations imposed
under paragraph (b) of | 6 | | Section 5 of the Workers' Compensation Act,
are also given and | 7 | | granted to the State, to the end that, with respect to State | 8 | | employees only, the State
may be paid or reimbursed for the | 9 | | amount of
benefit paid or
to be paid by the
State to the | 10 | | injured employee or his or her personal representative out of | 11 | | any
judgment, settlement, or payment
for such injury obtained | 12 | | by such injured employee or his
or her personal representative | 13 | | from such other person by virtue of the injury. | 14 | | (Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20.)
| 15 | | Section 10. The Illinois Pension Code is amended by | 16 | | changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
| 17 | | (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
| 18 | | Sec. 5-144. Death from injury in the performance of acts of | 19 | | duty;
compensation annuity and supplemental annuity. | 20 | | (a) Beginning January 1, 1986, and without regard to | 21 | | whether or not the
annuity in question began before that date, | 22 | | if the annuity for the widow of a
policeman whose death, on or | 23 | | after January 1, 1940, results from injury
incurred in the | 24 | | performance of an act or acts of duty, is not equal to the sum
|
| | | HB0782 Engrossed | - 6 - | LRB101 03774 JLS 48782 b |
|
| 1 | | hereinafter stated, "compensation annuity" equal to the | 2 | | difference between the
annuity and an amount equal to 75% of | 3 | | the policeman's salary attached to the
position he held by | 4 | | certification and appointment as a result of competitive
civil | 5 | | service examination that would ordinarily have been paid to him | 6 | | as though
he were in active discharge of his duties shall be | 7 | | payable to the widow until
the policeman, had he lived, would | 8 | | have attained age 63. The total amount of
the widow's annuity | 9 | | and children's awards payable to the family of such
policeman | 10 | | shall not exceed the amounts stated in Section 5-152.
| 11 | | For the purposes of this Section only, the death of any | 12 | | policeman as a result of the exposure to and contraction of | 13 | | COVID-19, as evidenced by either (i) a confirmed positive | 14 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 15 | | confirmed diagnosis of COVID-19 from a licensed medical | 16 | | professional, shall be rebuttably presumed to have been | 17 | | contracted while in the performance of an act or acts of duty | 18 | | and the policeman shall be rebuttably presumed to have been | 19 | | fatally injured while in active service. The presumption shall | 20 | | apply to any policeman who was exposed to and contracted | 21 | | COVID-19 on or after March 9, 2020 and on or before June 30, | 22 | | 2021 (including the period between December 31, 2020 and the | 23 | | effective date of this amendatory Act of the 101st General | 24 | | Assembly) December 31, 2020 ; except that the presumption shall | 25 | | not apply if the policeman was on a leave of absence from his | 26 | | or her employment or otherwise not required to report for duty |
| | | HB0782 Engrossed | - 7 - | LRB101 03774 JLS 48782 b |
|
| 1 | | for a period of 14 or more consecutive days immediately prior | 2 | | to the date of contraction of COVID-19. For the purposes of | 3 | | determining when a policeman contracted COVID-19 under this | 4 | | paragraph, the date of contraction is either the date that the | 5 | | policeman was diagnosed with COVID-19 or was unable to work due | 6 | | to symptoms that were later diagnosed as COVID-19, whichever | 7 | | occurred first. | 8 | | The provisions of this Section, as amended by Public Act | 9 | | 84-1104, including
the reference to the date upon which the | 10 | | deceased policeman would have attained
age 63, shall apply to | 11 | | all widows of policemen whose death occurs on or after
January | 12 | | 1, 1940 due to injury incurred in the performance of an act of | 13 | | duty,
regardless of whether such death occurred prior to | 14 | | September 17, 1969. For
those widows of policemen that died | 15 | | prior to September 17, 1969, who became
eligible for | 16 | | compensation annuity by the action of Public Act 84-1104, such
| 17 | | compensation annuity shall begin and be calculated from January | 18 | | 1, 1986. The
provisions of this amendatory Act of 1987 are | 19 | | intended to restate and clarify
the intent of Public Act | 20 | | 84-1104, and do not make any substantive change.
| 21 | | (b) Upon termination of the compensation annuity, | 22 | | "supplemental annuity"
shall become payable to the widow, equal | 23 | | to the difference between the annuity
for the widow and an | 24 | | amount equal to 75% of the annual salary
(including all salary | 25 | | increases and longevity raises) that the policeman would
have | 26 | | been receiving when he attained age 63 if the policeman had |
| | | HB0782 Engrossed | - 8 - | LRB101 03774 JLS 48782 b |
|
| 1 | | continued in
service at the same rank (whether career service | 2 | | or exempt) that he last held
in the police department. The | 3 | | increase in supplemental annuity resulting from
this | 4 | | amendatory Act of the 92nd General Assembly applies without
| 5 | | regard to whether the deceased policeman was in service on or | 6 | | after the
effective date of this amendatory Act and is payable | 7 | | from July 1, 2002 or the
date upon which the supplemental | 8 | | annuity begins,
whichever is later.
| 9 | | (c) Neither compensation nor supplemental annuity shall be | 10 | | paid unless the
death of the policeman was a direct result of | 11 | | the injury, or the injury was
of such character as to prevent | 12 | | him from subsequently resuming service as a
policeman; nor | 13 | | shall compensation or supplemental annuity be paid unless the
| 14 | | widow was the wife of the policeman when the injury occurred.
| 15 | | (Source: P.A. 101-633, eff. 6-5-20.)
| 16 | | (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
| 17 | | Sec. 5-153. Death benefit. | 18 | | (a) Effective January 1, 1962, an ordinary death benefit is | 19 | | payable
on account of any policeman in service and in receipt | 20 | | of salary on or
after such date, which benefit is in addition | 21 | | to all other annuities and
benefits herein provided. This | 22 | | benefit is payable upon death of a
policeman:
| 23 | | (1) occurring in active service while in receipt of | 24 | | salary;
| 25 | | (2) on an authorized and approved leave of absence, |
| | | HB0782 Engrossed | - 9 - | LRB101 03774 JLS 48782 b |
|
| 1 | | without salary,
beginning on or after January 1, 1962, if | 2 | | the death occurs within 60
days from the date the employee | 3 | | was in receipt of salary; or otherwise
in the service and | 4 | | not separated by resignation or discharge beginning
| 5 | | January 1, 1962 if death occurs before his resignation or | 6 | | discharge from
the service;
| 7 | | (3) receiving duty disability or ordinary disability | 8 | | benefit;
| 9 | | (4) occurring within 60 days from the date of | 10 | | termination of duty
disability or ordinary disability | 11 | | benefit payments if re-entry into
service had not occurred; | 12 | | or
| 13 | | (5) occurring on retirement and while in receipt of an | 14 | | age and
service annuity, Tier 2 monthly retirement annuity, | 15 | | or prior service annuity; provided (a) retirement on such
| 16 | | annuity occurred on or after January 1, 1962, and (b) such | 17 | | separation
from service was effective on or after the | 18 | | policeman's attainment of age
50, and (c) application for | 19 | | such annuity was made within 60 days after
separation from | 20 | | service.
| 21 | | (b) The ordinary death benefit is payable to such | 22 | | beneficiary or
beneficiaries as the policeman has nominated by | 23 | | written direction duly
signed and acknowledged before an | 24 | | officer authorized to take
acknowledgments, and filed with the | 25 | | board. If no such written direction
has been filed or if the | 26 | | designated beneficiaries do not survive the
policeman, payment |
| | | HB0782 Engrossed | - 10 - | LRB101 03774 JLS 48782 b |
|
| 1 | | of the benefit shall be made to his estate.
| 2 | | (c) Until December 31, 1977, if death occurs prior to | 3 | | retirement on annuity
and before the
policeman's attainment of | 4 | | age 50, the amount of the benefit payable is
$6,000. If death | 5 | | occurs prior to retirement, at age 50 or over, the
benefit of | 6 | | $6,000 shall be reduced $400 for each year (commencing on the
| 7 | | policeman's attainment of age 50, and thereafter on each | 8 | | succeeding
birthdate) that the policeman's age, at date of | 9 | | death, is more than age
50, but in no event below the amount of | 10 | | $2,000. However, if death
results from injury incurred in the | 11 | | performance of an act or acts of
duty, prior to retirement on | 12 | | annuity, the amount of the benefit payable
is $6,000 | 13 | | notwithstanding the age attained.
| 14 | | Until December 31, 1977, if the policeman's death occurs | 15 | | while he is in
receipt of an annuity,
the benefit is $2,000 if | 16 | | retirement was effective upon attainment of age
55 or greater. | 17 | | If the policeman retired at age 50 or over and before age
55, | 18 | | the benefit of $2,000 shall be reduced $100 for each year or
| 19 | | fraction of a year that the policeman's age at retirement was | 20 | | less than
age 55 to a minimum payment of $1,500.
| 21 | | After December 31, 1977, and on or before January 1, 1986, | 22 | | if death
occurs prior to retirement on annuity
and before the | 23 | | policeman's attainment of age 50, the amount of the benefit
| 24 | | payable is $7,000. If death occurs prior to retirement, at age | 25 | | 50 or over,
the benefit of $7,000 shall be reduced $400 for | 26 | | each year (commencing on
the policeman's attainment of age 50, |
| | | HB0782 Engrossed | - 11 - | LRB101 03774 JLS 48782 b |
|
| 1 | | and thereafter on each succeeding
birthdate) that the | 2 | | policeman's age, at date of death, is more than age
50, but in | 3 | | no event below the amount of $3,000. However, if death results
| 4 | | from injury incurred in the performance of an act or acts of | 5 | | duty, prior
to retirement on annuity, the amount of the benefit | 6 | | payable is $7,000 notwithstanding
the age attained.
| 7 | | After December 31, 1977, and on or before January 1, 1986, | 8 | | if the
policeman's death occurs while he is in
receipt of an | 9 | | annuity, the benefit is $2,250 if retirement was effective
upon | 10 | | attainment of age 55 or greater. If the policeman retired at | 11 | | age 50
or over and before age 55, the benefit of $2,250 shall | 12 | | be reduced $100 for
each year or fraction of a year that the | 13 | | policeman's age at retirement was
less than age 55 to a minimum | 14 | | payment of $1,750.
| 15 | | After January 1, 1986, if death occurs prior to retirement | 16 | | on annuity and
before the policeman's attainment of age 50, the | 17 | | amount of benefit payable
is $12,000. If death occurs prior to | 18 | | retirement, at age 50 or over, the
benefit of $12,000 shall be | 19 | | reduced $400 for each year (commencing on the
policeman's | 20 | | attainment of age 50, and thereafter on each succeeding
| 21 | | birthdate) that the policeman's age, at date of death, is more | 22 | | than age 50,
but in no event below the amount of $6,000. | 23 | | However, if death results from
injury in the performance of an | 24 | | act or acts of duty, prior to retirement on
annuity, the amount | 25 | | of benefit payable is $12,000 notwithstanding the age attained.
| 26 | | After January 1, 1986, if the policeman's death occurs |
| | | HB0782 Engrossed | - 12 - | LRB101 03774 JLS 48782 b |
|
| 1 | | while he is in
receipt of an annuity, the benefit is $6,000.
| 2 | | (d) For the purposes of this Section only, the death of any | 3 | | policeman as a result of the exposure to and contraction of | 4 | | COVID-19, as evidenced by either (i) a confirmed positive | 5 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 6 | | confirmed diagnosis of COVID-19 from a licensed medical | 7 | | professional, shall be rebuttably presumed to have been | 8 | | contracted while in the performance of an act or acts of duty | 9 | | and the policeman shall be rebuttably presumed to have been | 10 | | fatally injured while in active service. The presumption shall | 11 | | apply to any policeman who was exposed to and contracted | 12 | | COVID-19 on or after March 9, 2020 and on or before June 30, | 13 | | 2021 (including the period between December 31, 2020 and the | 14 | | effective date of this amendatory Act of the 101st General | 15 | | Assembly) December 31, 2020 ; except that the presumption shall | 16 | | not apply if the policeman was on a leave of absence from his | 17 | | or her employment or otherwise not required to report for duty | 18 | | for a period of 14 or more consecutive days immediately prior | 19 | | to the date of contraction of COVID-19. For the purposes of | 20 | | determining when a policeman contracted COVID-19 under this | 21 | | subsection, the date of contraction is either the date that the | 22 | | policeman was diagnosed with COVID-19 or was unable to work due | 23 | | to symptoms that were later diagnosed as COVID-19, whichever | 24 | | occurred first. | 25 | | (Source: P.A. 101-633, eff. 6-5-20.)
|
| | | HB0782 Engrossed | - 13 - | LRB101 03774 JLS 48782 b |
|
| 1 | | (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
| 2 | | Sec. 6-140. Death in the line of duty.
| 3 | | (a) The annuity for the widow of a fireman whose death | 4 | | results from
the performance of an act or acts of duty shall be | 5 | | an amount equal to 50% of
the current annual salary attached to | 6 | | the classified position to which the
fireman was certified at | 7 | | the time of his death and 75% thereof after
December 31, 1972.
| 8 | | Unless the performance of an act or acts of duty results | 9 | | directly in the
death of the fireman, or prevents him from | 10 | | subsequently resuming active
service in the fire department, | 11 | | the annuity herein provided shall not be
paid; nor shall such | 12 | | annuities be paid unless the widow was the wife of the
fireman | 13 | | at the time of the act or acts of duty which resulted in his | 14 | | death.
| 15 | | For the purposes of this Section only, the death of any | 16 | | fireman as a result of the exposure to and contraction of | 17 | | COVID-19, as evidenced by either (i) a confirmed positive | 18 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 19 | | confirmed diagnosis of COVID-19 from a licensed medical | 20 | | professional, shall be rebuttably presumed to have been | 21 | | contracted while in the performance of an act or acts of duty | 22 | | and the fireman shall be rebuttably presumed to have been | 23 | | fatally injured while in active service. The presumption shall | 24 | | apply to any fireman who was exposed to and contracted COVID-19 | 25 | | on or after March 9, 2020 and on or before June 30, 2021 | 26 | | (including the period between December 31, 2020 and the |
| | | HB0782 Engrossed | - 14 - | LRB101 03774 JLS 48782 b |
|
| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly) December 31, 2020 ; except that the presumption shall | 3 | | not apply if the fireman was on a leave of absence from his or | 4 | | her employment or otherwise not required to report for duty for | 5 | | a period of 14 or more consecutive days immediately prior to | 6 | | the date of contraction of COVID-19. For the purposes of | 7 | | determining when a fireman contracted COVID-19 under this | 8 | | paragraph, the date of contraction is either the date that the | 9 | | fireman was diagnosed with COVID-19 or was unable to work due | 10 | | to symptoms that were later diagnosed as COVID-19, whichever | 11 | | occurred first. | 12 | | (b) The changes made to this Section by this amendatory Act | 13 | | of the 92nd
General Assembly apply without regard to whether | 14 | | the deceased fireman was in
service on or after the effective | 15 | | date of this amendatory Act. In the case of
a widow receiving | 16 | | an annuity under this Section that has been reduced to 40%
of | 17 | | current salary because the fireman, had he lived, would have | 18 | | attained the
age prescribed for compulsory retirement, the | 19 | | annuity shall be restored to the
amount provided in subsection | 20 | | (a), with the increase beginning to accrue on
the later of | 21 | | January 1, 2001 or the day the annuity first became payable.
| 22 | | (Source: P.A. 101-633, eff. 6-5-20.)
| 23 | | (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
| 24 | | Sec. 6-150. Death benefit. | 25 | | (a) Effective January 1, 1962, an ordinary death benefit |
| | | HB0782 Engrossed | - 15 - | LRB101 03774 JLS 48782 b |
|
| 1 | | shall
be payable on account of any fireman in service and in | 2 | | receipt of salary on
or after such date, which benefit shall be | 3 | | in addition to all other
annuities and benefits herein | 4 | | provided. This benefit shall be payable upon
death of a | 5 | | fireman:
| 6 | | (1) occurring in active service while in receipt of | 7 | | salary;
| 8 | | (2) on an authorized and approved leave of absence, | 9 | | without salary,
beginning on or after January 1, 1962, if | 10 | | the death occurs within 60 days
from the date the fireman | 11 | | was in receipt of salary;
| 12 | | (3) receiving duty, occupational disease, or ordinary | 13 | | disability
benefit;
| 14 | | (4) occurring within 60 days from the date of | 15 | | termination of duty
disability, occupational disease | 16 | | disability or ordinary disability benefit
payments if | 17 | | re-entry into service had not occurred; or
| 18 | | (5) occurring on retirement and while in receipt of an | 19 | | age and service annuity,
prior service annuity, Tier 2 | 20 | | monthly retirement annuity, or minimum annuity; provided | 21 | | (a) retirement on such
annuity occurred on or after January | 22 | | 1, 1962, and (b) such separation from
service was effective | 23 | | on or after the fireman's attainment of age 50, and
(c) | 24 | | application for such annuity was made within 60 days after | 25 | | separation
from service.
| 26 | | (b) The ordinary death benefit shall be payable to such |
| | | HB0782 Engrossed | - 16 - | LRB101 03774 JLS 48782 b |
|
| 1 | | beneficiary or
beneficiaries as the fireman has nominated by | 2 | | written direction duly signed
and acknowledged before an | 3 | | officer authorized to take acknowledgments, and
filed with the | 4 | | board. If no such written direction has been filed or if the
| 5 | | designated beneficiaries do not survive the fireman, payment of | 6 | | the benefit
shall be made to his estate.
| 7 | | (c) Beginning July 1, 1983, if death occurs prior to | 8 | | retirement on
annuity and before the
fireman's attainment of | 9 | | age 50, the amount of the benefit payable shall be
$12,000. | 10 | | Beginning July 1, 1983, if death occurs prior
to retirement, at | 11 | | age 50 or over, the benefit
of $12,000 shall be reduced $400 | 12 | | for each year
(commencing on the fireman's
attainment of age 50 | 13 | | and thereafter on each succeeding birth date) that the
| 14 | | fireman's age, at date of death, is more than age 49, but in no | 15 | | event below
the amount of $6,000.
| 16 | | Beginning July 1, 1983, if the fireman's death occurs while | 17 | | he is in
receipt of an annuity, the
benefit shall be $6,000.
| 18 | | (d) For the purposes of this Section only, the death of any | 19 | | fireman as a result of the exposure to and contraction of | 20 | | COVID-19, as evidenced by either (i) a confirmed positive | 21 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | 22 | | confirmed diagnosis of COVID-19 from a licensed medical | 23 | | professional, shall be rebuttably presumed to have been | 24 | | contracted while in the performance of an act or acts of duty | 25 | | and the fireman shall be rebuttably presumed to have been | 26 | | fatally injured while in active service. The presumption shall |
| | | HB0782 Engrossed | - 17 - | LRB101 03774 JLS 48782 b |
|
| 1 | | apply to any fireman who was exposed to and contracted COVID-19 | 2 | | on or after March 9, 2020 and on or before June 30, 2021 | 3 | | (including the period between December 31, 2020 and the | 4 | | effective date of this amendatory Act of the 101st General | 5 | | Assembly) December 31, 2020 ; except that the presumption shall | 6 | | not apply if the fireman was on a leave of absence from his or | 7 | | her employment or otherwise not required to report for duty for | 8 | | a period of 14 or more consecutive days immediately prior to | 9 | | the date of contraction of COVID-19. For the purposes of | 10 | | determining when a fireman contracted COVID-19 under this | 11 | | subsection, the date of contraction is either the date that the | 12 | | fireman was diagnosed with COVID-19 or was unable to work due | 13 | | to symptoms that were later diagnosed as COVID-19, whichever | 14 | | occurred first. | 15 | | (Source: P.A. 101-633, eff. 6-5-20.)
| 16 | | Section 15. The Workers' Occupational Diseases Act is | 17 | | amended by changing Section 1 as follows:
| 18 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| 19 | | Sec. 1. This Act shall be known and may be cited as the | 20 | | "Workers'
Occupational Diseases Act".
| 21 | | (a) The term "employer" as used in this Act shall be | 22 | | construed to
be:
| 23 | | 1. The State and each county, city, town, township, | 24 | | incorporated
village, school district, body politic, or |
| | | HB0782 Engrossed | - 18 - | LRB101 03774 JLS 48782 b |
|
| 1 | | municipal corporation
therein.
| 2 | | 2. Every person, firm, public or private corporation, | 3 | | including
hospitals, public service, eleemosynary, | 4 | | religious or charitable
corporations or associations, who | 5 | | has any person in service or under any
contract for hire, | 6 | | express or implied, oral or written.
| 7 | | 3. Where an employer operating under and subject to the | 8 | | provisions
of this Act loans an employee to another such | 9 | | employer and such loaned
employee sustains a compensable | 10 | | occupational disease in the employment
of such borrowing | 11 | | employer and where such borrowing employer does not
provide | 12 | | or pay the benefits or payments due such employee, such | 13 | | loaning
employer shall be liable to provide or pay all | 14 | | benefits or payments due
such employee under this Act and | 15 | | as to such employee the liability of
such loaning and | 16 | | borrowing employers shall be joint and several,
provided | 17 | | that such loaning employer shall in the absence of | 18 | | agreement to
the contrary be entitled to receive from such | 19 | | borrowing employer full
reimbursement for all sums paid or | 20 | | incurred pursuant to this paragraph
together with | 21 | | reasonable attorneys' fees and expenses in any hearings
| 22 | | before the Illinois Workers' Compensation Commission or in | 23 | | any action to secure such
reimbursement. Where any benefit | 24 | | is provided or paid by such loaning
employer, the employee | 25 | | shall have the duty of rendering reasonable
co-operation in | 26 | | any hearings, trials or proceedings in the case,
including |
| | | HB0782 Engrossed | - 19 - | LRB101 03774 JLS 48782 b |
|
| 1 | | such proceedings for reimbursement.
| 2 | | Where an employee files an Application for Adjustment | 3 | | of Claim with
the Illinois Workers' Compensation | 4 | | Commission alleging that his or her claim is covered by
the | 5 | | provisions of the preceding paragraph, and joining both the | 6 | | alleged
loaning and borrowing employers, they and each of | 7 | | them, upon written
demand by the employee and within 7 days | 8 | | after receipt of such demand,
shall have the duty of filing | 9 | | with the Illinois Workers' Compensation Commission a | 10 | | written
admission or denial of the allegation that the | 11 | | claim is covered by the
provisions of the preceding | 12 | | paragraph and in default of such filing or
if any such | 13 | | denial be ultimately determined not to have been bona fide
| 14 | | then the provisions of Paragraph K of Section 19 of this | 15 | | Act shall
apply.
| 16 | | An employer whose business or enterprise or a | 17 | | substantial part
thereof consists of hiring, procuring or | 18 | | furnishing employees to or for
other employers operating | 19 | | under and subject to the provisions of this
Act for the | 20 | | performance of the work of such other employers and who | 21 | | pays
such employees their salary or wage notwithstanding | 22 | | that they are doing
the work of such other employers shall | 23 | | be deemed a loaning employer
within the meaning and | 24 | | provisions of this Section.
| 25 | | (b) The term "employee" as used in this Act, shall be | 26 | | construed to
mean:
|
| | | HB0782 Engrossed | - 20 - | LRB101 03774 JLS 48782 b |
|
| 1 | | 1. Every person in the service of the State, county, | 2 | | city, town,
township, incorporated village or school | 3 | | district, body politic or
municipal corporation therein, | 4 | | whether by election, appointment or
contract of hire, | 5 | | express or implied, oral or written, including any
official | 6 | | of the State, or of any county, city, town, township,
| 7 | | incorporated village, school district, body politic or | 8 | | municipal
corporation therein and except any duly | 9 | | appointed member of the fire
department in any city whose | 10 | | population exceeds 500,000 according to the
last Federal or | 11 | | State census, and except any member of a fire insurance
| 12 | | patrol maintained by a board of underwriters in this State. | 13 | | One employed
by a contractor who has contracted with the | 14 | | State, or a county, city,
town, township, incorporated | 15 | | village, school district, body politic or
municipal | 16 | | corporation therein, through its representatives, shall | 17 | | not be
considered as an employee of the State, county, | 18 | | city, town, township,
incorporated village, school | 19 | | district, body politic or municipal
corporation which made | 20 | | the contract.
| 21 | | 2. Every person in the service of another under any | 22 | | contract of
hire, express or implied, oral or written, who | 23 | | contracts an occupational
disease while working in the | 24 | | State of Illinois, or who contracts an
occupational disease | 25 | | while working outside of the State of Illinois but
where | 26 | | the contract of hire is made within the State of Illinois, |
| | | HB0782 Engrossed | - 21 - | LRB101 03774 JLS 48782 b |
|
| 1 | | and any
person whose employment is principally localized | 2 | | within the State of
Illinois, regardless of the place where | 3 | | the disease was contracted or
place where the contract of | 4 | | hire was made, including aliens, and minors
who, for the | 5 | | purpose of this Act, except Section 3 hereof, shall be
| 6 | | considered the same and have the same power to contract, | 7 | | receive
payments and give quittances therefor, as adult | 8 | | employees. An employee
or his or her dependents under this | 9 | | Act who shall have a cause of action
by reason of an | 10 | | occupational disease, disablement or death arising out
of | 11 | | and in the course of his or her employment may elect or | 12 | | pursue
his or her remedy in the State where the disease was | 13 | | contracted, or in the
State where the contract of hire is | 14 | | made, or in the State where the
employment is principally | 15 | | localized.
| 16 | | (c) "Commission" means the Illinois Workers' Compensation | 17 | | Commission created by the
Workers' Compensation Act, approved | 18 | | July 9, 1951, as amended.
| 19 | | (d) In this Act the term "Occupational Disease" means a | 20 | | disease
arising out of and in the course of the employment or | 21 | | which has become
aggravated and rendered disabling as a result | 22 | | of the exposure of the
employment. Such aggravation shall arise | 23 | | out of a risk peculiar to or
increased by the employment and | 24 | | not common to the general public.
| 25 | | A disease shall be deemed to arise out of the employment if | 26 | | there is
apparent to the rational mind, upon consideration of |
| | | HB0782 Engrossed | - 22 - | LRB101 03774 JLS 48782 b |
|
| 1 | | all the
circumstances, a causal connection between the | 2 | | conditions under which
the work is performed and the | 3 | | occupational disease. The disease need not
to have been | 4 | | foreseen or expected but after its contraction it must
appear | 5 | | to have had its origin or aggravation in a risk connected with
| 6 | | the employment and to have flowed from that source as a | 7 | | rational
consequence.
| 8 | | An employee shall be conclusively deemed to have been | 9 | | exposed to the
hazards of an occupational disease when, for any | 10 | | length of time however
short, he or she is employed in an | 11 | | occupation or process in which the
hazard of the disease | 12 | | exists; provided however, that in a claim of
exposure to atomic | 13 | | radiation, the fact of such exposure must be verified
by the | 14 | | records of the central registry of radiation exposure | 15 | | maintained
by the Department of Public Health or by some other | 16 | | recognized
governmental agency maintaining records of such | 17 | | exposures whenever and
to the extent that the records are on | 18 | | file with the Department of Public
Health or the agency. | 19 | | Any injury to or disease or death of an employee arising | 20 | | from the administration of a vaccine, including without | 21 | | limitation smallpox vaccine, to prepare for, or as a response | 22 | | to, a threatened or potential bioterrorist incident to the | 23 | | employee as part of a voluntary inoculation program in | 24 | | connection with the person's employment or in connection with | 25 | | any governmental program or recommendation for the inoculation | 26 | | of workers in the employee's occupation, geographical area, or |
| | | HB0782 Engrossed | - 23 - | LRB101 03774 JLS 48782 b |
|
| 1 | | other category that includes the employee is deemed to arise | 2 | | out of and in the course of the employment for all purposes | 3 | | under this Act. This paragraph added by Public Act 93-829 is | 4 | | declarative of existing law and is not a new enactment.
| 5 | | The employer liable for the compensation in this Act | 6 | | provided shall
be the employer in whose employment the employee | 7 | | was last exposed to the
hazard of the occupational disease | 8 | | claimed upon regardless of the length
of time of such last | 9 | | exposure, except, in cases of silicosis or
asbestosis, the only | 10 | | employer liable shall be the last employer in whose
employment | 11 | | the employee was last exposed during a period of 60 days or
| 12 | | more after the effective date of this Act, to the hazard of | 13 | | such
occupational disease, and, in such cases, an exposure | 14 | | during a period of
less than 60 days, after the effective date | 15 | | of this Act, shall not be
deemed a last exposure. If a miner | 16 | | who is suffering or suffered from
pneumoconiosis was employed | 17 | | for 10 years or more in one or more coal
mines there shall, | 18 | | effective July 1, 1973 be a rebuttable presumption
that his or | 19 | | her pneumoconiosis arose out of such employment.
| 20 | | If a deceased miner was employed for 10 years or more in | 21 | | one or more
coal mines and died from a respirable disease there | 22 | | shall, effective
July 1, 1973, be a rebuttable presumption that | 23 | | his or her death was due
to pneumoconiosis.
| 24 | | Any condition or impairment of health of an employee | 25 | | employed as a
firefighter, emergency medical technician (EMT), | 26 | | emergency medical technician-intermediate (EMT-I), advanced |
| | | HB0782 Engrossed | - 24 - | LRB101 03774 JLS 48782 b |
|
| 1 | | emergency medical technician (A-EMT), or paramedic which | 2 | | results
directly or indirectly from any bloodborne pathogen, | 3 | | lung or respiratory
disease
or
condition, heart
or vascular | 4 | | disease or condition, hypertension, tuberculosis, or cancer
| 5 | | resulting
in any disability (temporary, permanent, total, or | 6 | | partial) to the employee
shall be rebuttably presumed to arise | 7 | | out of and in the course of the
employee's firefighting, EMT, | 8 | | EMT-I, A-EMT, or paramedic employment and, further, shall be
| 9 | | rebuttably presumed to be causally connected to the hazards or | 10 | | exposures of
the employment. This presumption shall also apply | 11 | | to any hernia or hearing
loss suffered by an employee employed | 12 | | as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, | 13 | | this presumption shall not apply to any employee who has been | 14 | | employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for | 15 | | less than 5 years at the time he or she files an Application | 16 | | for Adjustment of Claim concerning this condition or impairment | 17 | | with the Illinois Workers' Compensation Commission. The | 18 | | rebuttable presumption established under this subsection, | 19 | | however, does not apply to an emergency medical technician | 20 | | (EMT), emergency medical technician-intermediate (EMT-I), | 21 | | advanced emergency medical technician (A-EMT), or paramedic | 22 | | employed by a private employer if the employee spends the | 23 | | preponderance of his or her work time for that employer engaged | 24 | | in medical transfers between medical care facilities or | 25 | | non-emergency medical transfers to or from medical care | 26 | | facilities. The changes made to this subsection by this |
| | | HB0782 Engrossed | - 25 - | LRB101 03774 JLS 48782 b |
|
| 1 | | amendatory Act of the 98th General Assembly shall be narrowly | 2 | | construed. The Finding and Decision of the Illinois Workers' | 3 | | Compensation Commission under only the rebuttable presumption | 4 | | provision of this paragraph shall not be admissible or be | 5 | | deemed res judicata in any disability claim under the Illinois | 6 | | Pension Code arising out of the same medical condition; | 7 | | however, this sentence makes no change to the law set forth in | 8 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
| 9 | | The insurance carrier liable shall be the carrier whose | 10 | | policy was in
effect covering the employer liable on the last | 11 | | day of the exposure
rendering such employer liable in | 12 | | accordance with the provisions of this
Act.
| 13 | | (e) "Disablement" means an impairment or partial | 14 | | impairment,
temporary or permanent, in the function of the body | 15 | | or any of the
members of the body, or the event of becoming | 16 | | disabled from earning full
wages at the work in which the | 17 | | employee was engaged when last exposed to
the hazards of the | 18 | | occupational disease by the employer from whom he or
she claims | 19 | | compensation, or equal wages in other suitable employment;
and | 20 | | "disability" means the state of being so incapacitated.
| 21 | | (f) No compensation shall be payable for or on account of | 22 | | any
occupational disease unless disablement, as herein | 23 | | defined, occurs
within two years after the last day of the last | 24 | | exposure to the hazards
of the disease, except in cases of | 25 | | occupational disease caused by
berylliosis or by the inhalation | 26 | | of silica dust or asbestos dust and, in
such cases, within 3 |
| | | HB0782 Engrossed | - 26 - | LRB101 03774 JLS 48782 b |
|
| 1 | | years after the last day of the last exposure to
the hazards of | 2 | | such disease and except in the case of occupational
disease | 3 | | caused by exposure to radiological materials or equipment, and
| 4 | | in such case, within 25 years after the last day of last | 5 | | exposure to the
hazards of such disease.
| 6 | | (g)(1) In any proceeding before the Commission in which the | 7 | | employee is a COVID-19 first responder or front-line worker as | 8 | | defined in this subsection, if the employee's injury or | 9 | | occupational disease resulted from exposure to and contraction | 10 | | of COVID-19, the exposure and contraction shall be rebuttably | 11 | | presumed to have arisen out of and in the course of the | 12 | | employee's first responder or front-line worker employment and | 13 | | the injury or occupational disease shall be rebuttably presumed | 14 | | to be causally connected to the hazards or exposures of the | 15 | | employee's first responder or front-line worker employment. | 16 | | (2) The term "COVID-19 first responder or front-line | 17 | | worker" means: all individuals employed as police, fire | 18 | | personnel, emergency medical technicians, or paramedics; all | 19 | | individuals employed and considered as first responders; all | 20 | | workers for health care providers, including nursing homes and | 21 | | rehabilitation facilities and home care workers; corrections | 22 | | officers; and any individuals employed by essential businesses | 23 | | and operations as defined in Executive Order 2020-10 dated | 24 | | March 20, 2020, as long as individuals employed by essential | 25 | | businesses and operations are required by their employment to | 26 | | encounter members of the general public or to work in |
| | | HB0782 Engrossed | - 27 - | LRB101 03774 JLS 48782 b |
|
| 1 | | employment locations of more than 15 employees. For purposes of | 2 | | this subsection only, an employee's home or place of residence | 3 | | is not a place of employment, except for home care workers. | 4 | | (3) The presumption created in this subsection may be | 5 | | rebutted by evidence, including, but not limited to, the | 6 | | following: | 7 | | (A) the employee was working from his or her home, on | 8 | | leave from his or her employment, or some combination | 9 | | thereof, for a period of 14 or more consecutive days | 10 | | immediately prior to the employee's injury, occupational | 11 | | disease, or period of incapacity resulted from exposure to | 12 | | COVID-19; or | 13 | | (B) the employer was engaging in and applying to the | 14 | | fullest extent possible or enforcing to the best of its | 15 | | ability industry-specific workplace sanitation, social | 16 | | distancing, and health and safety practices based on | 17 | | updated guidance issued by the Centers for Disease Control | 18 | | and Prevention or Illinois Department of Public Health or | 19 | | was using a combination of administrative controls, | 20 | | engineering controls, or personal protective equipment to | 21 | | reduce the transmission of COVID-19 to all employees for at | 22 | | least 14 consecutive days prior to the employee's injury, | 23 | | occupational disease, or period of incapacity resulting | 24 | | from exposure to COVID-19. For purposes of this subsection, | 25 | | "updated" means the guidance in effect at least 14 days | 26 | | prior to the COVID-19 diagnosis. For purposes of this |
| | | HB0782 Engrossed | - 28 - | LRB101 03774 JLS 48782 b |
|
| 1 | | subsection, "personal protective equipment" means | 2 | | industry-specific equipment worn to minimize exposure to | 3 | | hazards that cause illnesses or serious injuries, which may | 4 | | result from contact with biological, chemical, | 5 | | radiological, physical, electrical, mechanical, or other | 6 | | workplace hazards. "Personal protective equipment" | 7 | | includes, but is not limited to, items such as face | 8 | | coverings, gloves, safety glasses, safety face shields, | 9 | | barriers, shoes, earplugs or muffs, hard hats, | 10 | | respirators, coveralls, vests, and full body suits; or | 11 | | (C) the employee was exposed to COVID-19 by an | 12 | | alternate source. | 13 | | (4) The rebuttable presumption created in this subsection | 14 | | applies to all cases tried after June 5, 2020 ( the effective | 15 | | date of Public Act 101-633) this amendatory Act of the 101st | 16 | | General Assembly and in which the diagnosis of COVID-19 was | 17 | | made on or after March 9, 2020 and on or before June 30, 2021 | 18 | | (including the period between December 31, 2020 and the | 19 | | effective date of this amendatory Act of the 101st General | 20 | | Assembly) December 31, 2020 . | 21 | | (5) Under no circumstances shall any COVID-19 case increase | 22 | | or affect any employer's workers' compensation insurance | 23 | | experience rating or modification, but COVID-19 costs may be | 24 | | included in determining overall State loss costs. | 25 | | (6) In order for the presumption created in this subsection | 26 | | to apply at trial, for COVID-19 diagnoses occurring on or |
| | | HB0782 Engrossed | - 29 - | LRB101 03774 JLS 48782 b |
|
| 1 | | before June 15, 2020, an employee must provide a confirmed | 2 | | medical diagnosis by a licensed medical practitioner or a | 3 | | positive laboratory test for COVID-19 or for COVID-19 | 4 | | antibodies; for COVID-19 diagnoses occurring after June 15, | 5 | | 2020, an employee must provide a positive laboratory test for | 6 | | COVID-19 or for COVID-19 antibodies. | 7 | | (7) The presumption created in this subsection does not | 8 | | apply if the employee's place of employment was solely the | 9 | | employee's home or residence for a period of 14 or more | 10 | | consecutive days immediately prior to the employee's injury, | 11 | | occupational disease, or period of incapacity resulted from | 12 | | exposure to COVID-19. | 13 | | (8) The date of injury or the beginning of the employee's | 14 | | occupational disease or period of disability is either the date | 15 | | that the employee was unable to work due to contraction of | 16 | | COVID-19 or was unable to work due to symptoms that were later | 17 | | diagnosed as COVID-19, whichever came first. | 18 | | (9) An employee who contracts COVID-19, but fails to | 19 | | establish the rebuttable presumption is not precluded from | 20 | | filing for compensation under this Act or under the Workers' | 21 | | Compensation Act. | 22 | | (10) To qualify for temporary total disability benefits | 23 | | under the presumption created in this subsection, the employee | 24 | | must be certified for or recertified for temporary disability. | 25 | | (11) An employer is entitled to a credit against any | 26 | | liability for temporary total disability due to an employee as |
| | | HB0782 Engrossed | - 30 - | LRB101 03774 JLS 48782 b |
|
| 1 | | a result of the employee contracting COVID-19 for (A) any sick | 2 | | leave benefits or extended salary benefits paid to the employee | 3 | | by the employer under Emergency Family Medical Leave Expansion | 4 | | Act, Emergency Paid Sick Leave Act of the Families First | 5 | | Coronavirus Response Act, or any other federal law, or (B) any | 6 | | other credit to which an employer is entitled under the | 7 | | Workers' Compensation Act. | 8 | | (Source: P.A. 101-633, eff. 6-5-20.)
| 9 | | Section 90. The State Mandates Act is amended by adding | 10 | | Section 8.44 as follows: | 11 | | (30 ILCS 805/8.44 new) | 12 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | 13 | | of this Act, no reimbursement by the State is required for the | 14 | | implementation of any mandate created by this amendatory Act of | 15 | | the 101st General Assembly.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
|
|