Full Text of HB6694 093rd General Assembly
HB6694 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6694
Introduced 2/9/2004, by Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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Amends provisions of the Public Safety Employee Benefits Act requiring an employer that employs a full-time law enforcement, correctional or
correctional probation officer or firefighter who suffers a catastrophic injury or is killed in the line of duty
to pay the health insurance premium for the
injured employee and his or her spouse and dependent children. Defines "catastrophic injury" as a permanent grievous or serious injury or impairment of a nature that is sufficient to preclude subsequent employment or re-employment, and excludes from the definition: conditions that are temporary or short-term in nature; common injuries; or injuries the effects of which may be mitigated by work-related rehabilitative or vocational training. Provides that an employer-selected physician's determination as to the seriousness and permanency of an employee's injury may be appealed to the employer's governing body and the final administrative decision
of a governing body is subject to judicial review under the Administrative Review Law.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB6694 |
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LRB093 21009 WGH 47019 b |
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| AN ACT concerning employment.
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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 Safety Employee Benefits Act is | 5 |
| amended by changing Section 10 as follows:
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| (820 ILCS 320/10)
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| Sec. 10. Required health coverage benefits.
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| (a) An employer who employs a full-time law enforcement, | 9 |
| correctional or
correctional probation officer, or | 10 |
| firefighter, who, on or after the effective
date of this Act | 11 |
| suffers a catastrophic injury or is killed in the line of duty
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| shall pay the entire premium of the employer's health insurance | 13 |
| plan for the
injured employee, the injured employee's spouse, | 14 |
| and for each dependent child
of the injured employee until the | 15 |
| child reaches the age of majority or until
the end of the | 16 |
| calendar year in which the child reaches the age of 25 if the
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| child continues to be dependent for support or the child is a | 18 |
| full-time or
part-time student and is dependent for support. | 19 |
| The term "health insurance
plan" does not include supplemental | 20 |
| benefits that are not part of the basic
group health insurance | 21 |
| plan.
If the
injured employee subsequently dies, the employer | 22 |
| shall continue to pay the
entire health insurance premium for | 23 |
| the surviving spouse until remarried and
for the dependent | 24 |
| children under the conditions established in this Section.
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| However:
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| (1) Health insurance benefits payable from any other | 27 |
| source shall reduce
benefits payable under this Section.
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| (2) It is unlawful for a person to willfully and | 29 |
| knowingly make, or cause
to be made, or to assist, conspire | 30 |
| with, or urge another to make, or cause to
be made, any | 31 |
| false, fraudulent, or misleading oral or written statement | 32 |
| to
obtain health insurance coverage as provided under this |
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HB6694 |
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LRB093 21009 WGH 47019 b |
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| Section. A violation
of this item is a Class A misdemeanor.
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| (3) Upon conviction for a violation described in item | 3 |
| (2), a law
enforcement, correctional or correctional | 4 |
| probation officer, or other
beneficiary who receives or | 5 |
| seeks to receive health insurance benefits under
this | 6 |
| Section shall forfeit the right to receive health insurance | 7 |
| benefits and
shall reimburse the employer for all benefits | 8 |
| paid due to the fraud or other
prohibited activity. For | 9 |
| purposes of this item, "conviction" means a
determination | 10 |
| of guilt that is the result of a plea or trial, regardless | 11 |
| of
whether adjudication is withheld.
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| (b) In order for the law enforcement, correctional or | 13 |
| correctional probation
officer, firefighter, spouse, or | 14 |
| dependent children to be eligible for
insurance coverage under | 15 |
| this Act, the injury or death must have occurred as
the result | 16 |
| of the officer's response to fresh pursuit, the officer or
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| firefighter's response to what is reasonably believed to be an | 18 |
| emergency, an
unlawful act perpetrated by another, or during | 19 |
| the investigation of a criminal
act. Nothing in this Section | 20 |
| shall be construed to limit health insurance
coverage or | 21 |
| pension benefits for which the officer, firefighter, spouse, or
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| dependent children may otherwise be eligible.
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| (c) As used in this Section, "catastrophic injury" means a | 24 |
| permanent grievous or serious injury or impairment of a nature | 25 |
| that is sufficient to preclude subsequent employment or | 26 |
| re-employment and is validated by a licensed physician selected | 27 |
| by the employer. "Catastrophic injury" does not include: | 28 |
| conditions that are temporary or short-term in nature; common | 29 |
| injuries; or injuries the effects of which may be mitigated by | 30 |
| work-related rehabilitative or vocational training. The | 31 |
| employer-selected physician's determination as to the | 32 |
| seriousness and permanency of an employee's injury may be | 33 |
| appealed to the employer's governing body. The final | 34 |
| administrative decision
of a governing body is subject to | 35 |
| judicial review under the Administrative Review Law. | 36 |
| (Source: P.A. 90-535, eff. 11-14-97.)
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