State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



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
 
                            -2-                LRB9204169JMmb
 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
 
                            -3-                LRB9204169JMmb
 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.

[ Top ]