Full Text of HB5118 095th General Assembly
HB5118 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5118
Introduced , by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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5 ILCS 345/1 |
from Ch. 70, par. 91 |
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Amends the Public Employee Disability Act. Provides that an eligible public employee's disability benefit shall not extend more than 2 years (now, one year) in relation to the same injury.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5118 |
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LRB095 18350 JAM 44435 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Employee Disability Act is amended by | 5 |
| changing Section 1 as follows:
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| (5 ILCS 345/1) (from Ch. 70, par. 91)
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| Sec. 1. Disability benefit.
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| (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 who is employed by | 17 |
| the State of Illinois, any unit of
local government (including | 18 |
| any home rule unit), any State supported college or
university, | 19 |
| or any other public entity granted the power to employ persons | 20 |
| for
such purposes by law.
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| (b) Whenever an eligible employee suffers any injury in the | 22 |
| line of duty
which causes him to be unable to perform his | 23 |
| duties, he shall continue to be
paid by the employing public |
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LRB095 18350 JAM 44435 b |
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| entity on the same basis as he was paid before the
injury, with | 2 |
| no deduction from his sick leave credits, compensatory time for
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| overtime accumulations or vacation, or service credits in a | 4 |
| public employee
pension fund during the time he is unable to | 5 |
| perform his duties due to the
result of the injury, but not | 6 |
| longer than 2 years one year in relation to the same
injury. | 7 |
| However, no injury to an employee of the Department
of | 8 |
| Corrections or
the Prisoner Review Board working within a penal | 9 |
| institution or an employee of
the Department of Human Services | 10 |
| working within a
departmental mental health or developmental | 11 |
| disabilities facility shall
qualify the employee for benefits | 12 |
| under this Section unless the
injury is the
direct or indirect | 13 |
| result of violence by inmates of the penal institution or
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| residents of the mental health or developmental
disabilities | 15 |
| facility.
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| (c) At any time during the period for which continuing | 17 |
| compensation
is required by this Act, the employing public | 18 |
| entity may order at the
expense of that entity physical or | 19 |
| medical examinations of the injured
person to determine the | 20 |
| degree of disability.
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| (d) During this period of disability, the injured person | 22 |
| shall not
be employed in any other manner, with or without | 23 |
| monetary compensation.
Any person who is employed in violation | 24 |
| of this paragraph forfeits the
continuing compensation | 25 |
| provided by this Act from the time such
employment begins. Any | 26 |
| salary compensation due the injured person from
workers' |
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| compensation or any salary due him from any type of insurance
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| which may be carried by the employing public entity shall | 3 |
| revert to that
entity during the time for which continuing | 4 |
| compensation is paid to him
under this Act. Any disabled person | 5 |
| receiving compensation under the
provisions of this Act shall | 6 |
| not be entitled to any benefits for which
he would qualify | 7 |
| because of his disability under the provisions of the
Illinois | 8 |
| Pension Code.
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| (e) Any employee of the State of Illinois, as defined in | 10 |
| Section 14-103.05
of the Illinois Pension Code, who becomes | 11 |
| permanently unable to perform the
duties of such employment due | 12 |
| to an injury received in the active performance
of his duties | 13 |
| as a State employee as a result of a willful act of violence by
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| another employee of the State of Illinois, as so defined, | 15 |
| committed during such
other employee's course of employment and | 16 |
| after January 1, 1988, shall be
eligible for benefits pursuant | 17 |
| to the provisions of this Section. For purposes
of this | 18 |
| Section, permanently disabled is defined as a diagnosis or | 19 |
| prognosis of
an inability to return to current job duties by a | 20 |
| physician licensed to
practice medicine in all of its branches.
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| (f) The compensation and other benefits provided to | 22 |
| part-time employees
covered by this Section shall be calculated | 23 |
| based on the percentage of time
the part-time employee was | 24 |
| scheduled to work pursuant to his or her status as
a part-time | 25 |
| employee.
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| (g) Pursuant to paragraphs (h) and (i) of Section 6 of |
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| Article VII of
the Illinois Constitution, this Act specifically | 2 |
| denies and limits the exercise
by home rule units of any power | 3 |
| which is inconsistent herewith, and all
existing laws and | 4 |
| ordinances which are inconsistent herewith are hereby
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| superseded. This Act does not preempt the concurrent exercise | 6 |
| by home rule
units of powers consistent herewith.
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| This Act does not apply to any home rule unit with a | 8 |
| population of over
1,000,000.
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| (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
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