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92_HB0533
LRB9204169JMmb
1 AN ACT concerning public employees.
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
5 by 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
9 employee" means (i) any part-time or full-time State
10 correctional officer or any other full or part-time employee
11 of the Department of Corrections, (ii) any full or part-time
12 employee of the Prisoner Review Board, (iii) any full or
13 part-time employee of the Department of Human Services
14 working within a penal institution or a State mental health
15 or developmental disabilities facility operated by the
16 Department of Human Services, and (iv) any full-time law
17 enforcement officer, or full-time firefighter, or part-time
18 or full-time correctional officer who is employed by the
19 State of Illinois, any unit of local government (including
20 any home rule unit), any State supported college or
21 university, or any other public entity granted the power to
22 employ persons for such purposes by law.
23 (b) Whenever an eligible employee suffers any injury in
24 the line of duty which causes him to be unable to perform his
25 duties, he shall continue to be paid by the employing public
26 entity on the same basis as he was paid before the injury,
27 with no deduction from his sick leave credits, compensatory
28 time for overtime accumulations or vacation, or service
29 credits in a public employee pension fund during the time he
30 is unable to perform his duties due to the result of the
31 injury, but not longer than one year in relation to the same
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1 injury. However, no injury to an employee of the Department
2 of Corrections or the Prisoner Review Board working within a
3 penal institution or an employee of the Department of Human
4 Services working within a departmental mental health or
5 developmental disabilities facility shall qualify the
6 employee for benefits under this Section unless the injury is
7 the direct or indirect result of violence by inmates of the
8 penal institution or residents of the mental health or
9 developmental disabilities facility.
10 (c) At any time during the period for which continuing
11 compensation is required by this Act, the employing public
12 entity may order at the expense of that entity physical or
13 medical examinations of the injured person to determine the
14 degree of disability.
15 (d) During this period of disability, the injured person
16 shall not be employed in any other manner, with or without
17 monetary compensation. Any person who is employed in
18 violation of this paragraph forfeits the continuing
19 compensation provided by this Act from the time such
20 employment begins. Any salary compensation due the injured
21 person from workers' compensation or any salary due him from
22 any type of insurance which may be carried by the employing
23 public entity shall revert to that entity during the time for
24 which continuing compensation is paid to him under this Act.
25 Any disabled person receiving compensation under the
26 provisions of this Act shall not be entitled to any benefits
27 for which he would qualify because of his disability under
28 the provisions of the Illinois Pension Code.
29 (e) Any employee of the State of Illinois, as defined in
30 Section 14-103.05 of the Illinois Pension Code, who becomes
31 permanently unable to perform the duties of such employment
32 due to an injury received in the active performance of his
33 duties as a State employee as a result of a willful act of
34 violence by another employee of the State of Illinois, as so
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1 defined, committed during such other employee's course of
2 employment and after January 1, 1988, shall be eligible for
3 benefits pursuant to the provisions of this Section. For
4 purposes of this Section, permanently disabled is defined as
5 a diagnosis or prognosis of an inability to return to current
6 job duties by a physician licensed to practice medicine in
7 all of its branches.
8 (f) The compensation and other benefits provided to
9 part-time employees covered by this Section shall be
10 calculated based on the percentage of time the part-time
11 employee was scheduled to work pursuant to his or her status
12 as a part-time employee.
13 (g) Pursuant to paragraphs (h) and (i) of Section 6 of
14 Article VII of the Illinois Constitution, this Act
15 specifically denies and limits the exercise by home rule
16 units of any power which is inconsistent herewith, and all
17 existing laws and ordinances which are inconsistent herewith
18 are hereby superseded. This Act does not preempt the
19 concurrent exercise by home rule units of powers consistent
20 herewith.
21 This Act does not apply to any home rule unit with a
22 population of over 1,000,000.
23 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.