| ||||
Public Act 101-0653 | ||||
| ||||
| ||||
AN ACT concerning State government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Public Employee Disability Act is amended by | ||||
changing Section 1 as follows:
| ||||
(5 ILCS 345/1) (from Ch. 70, par. 91)
| ||||
Sec. 1. Disability benefit.
| ||||
(a) For the purposes of this Section, "eligible employee" | ||||
means any
part-time or full-time State correctional officer or | ||||
any other full or
part-time employee of the Department of | ||||
Corrections, any full or part-time
employee of the Prisoner | ||||
Review Board, any full or part-time employee of the
Department | ||||
of Human Services working within a
penal institution or a State | ||||
mental health or developmental
disabilities facility operated | ||||
by the Department of Human Services, and any
full-time law | ||||
enforcement officer or
full-time firefighter, including a | ||||
full-time paramedic or a firefighter who performs paramedic | ||||
duties, who is employed by the State of Illinois, any unit of
| ||||
local government (including any home rule unit), any State | ||||
supported college or
university, or any other public entity | ||||
granted the power to employ persons for
such purposes by law.
| ||||
(b) Whenever an eligible employee suffers any injury in the | ||||
line of duty
which causes him to be unable to perform his |
duties, he shall continue to be
paid by the employing public | ||
entity on the same basis as he was paid before the
injury, with | ||
no deduction from his sick leave credits, compensatory time for
| ||
overtime accumulations or vacation, or service credits in a | ||
public employee
pension fund during the time he is unable to | ||
perform his duties due to the
result of the injury, but not | ||
longer than one year in relation to the same
injury, except as | ||
otherwise provided under subsection (b-5). However, no injury | ||
to an employee of the Department
of Corrections or
the Prisoner | ||
Review Board working within a penal institution or an employee | ||
of
the Department of Human Services working within a
| ||
departmental mental health or developmental disabilities | ||
facility shall
qualify the employee for benefits under this | ||
Section unless the
injury is the
direct or indirect result of | ||
violence by inmates of the penal institution or
residents of | ||
the mental health or developmental
disabilities facility.
| ||
(b-5) Upon the occurrence of circumstances, directly or | ||
indirectly attributable to COVID-19, occurring on or after | ||
March 9, 2020 and on or before June 30, 2021 (including the | ||
period between December 31, 2020 and the effective date of this | ||
amendatory Act of the 101st General Assembly) December 31, 2020 | ||
which would hinder the physical recovery from an injury of an | ||
eligible employee within the one-year period as required under | ||
subsection (b), the eligible employee shall be entitled to an | ||
extension of no longer than 60 days by which he or she shall | ||
continue to be paid by the employing public entity on the same |
basis as he or she was paid before the injury. The employing | ||
public entity may require proof of the circumstances hindering | ||
an eligible employee's physical recovery before granting the | ||
extension provided under this subsection (b-5). | ||
(c) At any time during the period for which continuing | ||
compensation
is required by this Act, the employing public | ||
entity may order at the
expense of that entity physical or | ||
medical examinations of the injured
person to determine the | ||
degree of disability.
| ||
(d) During this period of disability, the injured person | ||
shall not
be employed in any other manner, with or without | ||
monetary compensation.
Any person who is employed in violation | ||
of this paragraph forfeits the
continuing compensation | ||
provided by this Act from the time such
employment begins. Any | ||
salary compensation due the injured person from
workers' | ||
compensation or any salary due him from any type of insurance
| ||
which may be carried by the employing public entity shall | ||
revert to that
entity during the time for which continuing | ||
compensation is paid to him
under this Act. Any person with a | ||
disability receiving compensation under the
provisions of this | ||
Act shall not be entitled to any benefits for which
he would | ||
qualify because of his disability under the provisions of the
| ||
Illinois Pension Code.
| ||
(e) Any employee of the State of Illinois, as defined in | ||
Section 14-103.05
of the Illinois Pension Code, who becomes | ||
permanently unable to perform the
duties of such employment due |
to an injury received in the active performance
of his duties | ||
as a State employee as a result of a willful act of violence by
| ||
another employee of the State of Illinois, as so defined, | ||
committed during such
other employee's course of employment and | ||
after January 1, 1988, shall be
eligible for benefits pursuant | ||
to the provisions of this Section. For purposes
of this | ||
Section, permanent disability is defined as a diagnosis or | ||
prognosis of
an inability to return to current job duties by a | ||
physician licensed to
practice medicine in all of its branches.
| ||
(f) The compensation and other benefits provided to | ||
part-time employees
covered by this Section shall be calculated | ||
based on the percentage of time
the part-time employee was | ||
scheduled to work pursuant to his or her status as
a part-time | ||
employee.
| ||
(g) Pursuant to paragraphs (h) and (i) of Section 6 of | ||
Article VII of
the Illinois Constitution, this Act specifically | ||
denies and limits the exercise
by home rule units of any power | ||
which is inconsistent herewith, and all
existing laws and | ||
ordinances which are inconsistent herewith are hereby
| ||
superseded. This Act does not preempt the concurrent exercise | ||
by home rule
units of powers consistent herewith.
| ||
This Act does not apply to any home rule unit with a | ||
population of over
1,000,000.
| ||
(h) In those cases where the injury to a State employee for | ||
which
a benefit is payable under this Act was caused
under | ||
circumstances creating a legal liability for damages on the |
part
of some person other than the State employer, all of the | ||
rights
and privileges, including the right to notice of suit | ||
brought against
such other person and the right to commence or | ||
join in such suit, as
given the employer, together with the | ||
conditions or obligations imposed
under paragraph (b) of | ||
Section 5 of the Workers' Compensation Act,
are also given and | ||
granted to the State, to the end that, with respect to State | ||
employees only, the State
may be paid or reimbursed for the | ||
amount of
benefit paid or
to be paid by the
State to the | ||
injured employee or his or her personal representative out of | ||
any
judgment, settlement, or payment
for such injury obtained | ||
by such injured employee or his
or her personal representative | ||
from such other person by virtue of the injury. | ||
(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20.)
| ||
Section 10. The Illinois Pension Code is amended by | ||
changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
| ||
(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
| ||
Sec. 5-144. Death from injury in the performance of acts of | ||
duty;
compensation annuity and supplemental annuity. | ||
(a) Beginning January 1, 1986, and without regard to | ||
whether or not the
annuity in question began before that date, | ||
if the annuity for the widow of a
policeman whose death, on or | ||
after January 1, 1940, results from injury
incurred in the | ||
performance of an act or acts of duty, is not equal to the sum
|
hereinafter stated, "compensation annuity" equal to the | ||
difference between the
annuity and an amount equal to 75% of | ||
the policeman's salary attached to the
position he held by | ||
certification and appointment as a result of competitive
civil | ||
service examination that would ordinarily have been paid to him | ||
as though
he were in active discharge of his duties shall be | ||
payable to the widow until
the policeman, had he lived, would | ||
have attained age 63. The total amount of
the widow's annuity | ||
and children's awards payable to the family of such
policeman | ||
shall not exceed the amounts stated in Section 5-152.
| ||
For the purposes of this Section only, the death of any | ||
policeman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the policeman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall | ||
apply to any policeman who was exposed to and contracted | ||
COVID-19 on or after March 9, 2020 and on or before June 30, | ||
2021 (including the period between December 31, 2020 and the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly) December 31, 2020 ; except that the presumption shall | ||
not apply if the policeman was on a leave of absence from his | ||
or her employment or otherwise not required to report for duty |
for a period of 14 or more consecutive days immediately prior | ||
to the date of contraction of COVID-19. For the purposes of | ||
determining when a policeman contracted COVID-19 under this | ||
paragraph, the date of contraction is either the date that the | ||
policeman was diagnosed with COVID-19 or was unable to work due | ||
to symptoms that were later diagnosed as COVID-19, whichever | ||
occurred first. | ||
The provisions of this Section, as amended by Public Act | ||
84-1104, including
the reference to the date upon which the | ||
deceased policeman would have attained
age 63, shall apply to | ||
all widows of policemen whose death occurs on or after
January | ||
1, 1940 due to injury incurred in the performance of an act of | ||
duty,
regardless of whether such death occurred prior to | ||
September 17, 1969. For
those widows of policemen that died | ||
prior to September 17, 1969, who became
eligible for | ||
compensation annuity by the action of Public Act 84-1104, such
| ||
compensation annuity shall begin and be calculated from January | ||
1, 1986. The
provisions of this amendatory Act of 1987 are | ||
intended to restate and clarify
the intent of Public Act | ||
84-1104, and do not make any substantive change.
| ||
(b) Upon termination of the compensation annuity, | ||
"supplemental annuity"
shall become payable to the widow, equal | ||
to the difference between the annuity
for the widow and an | ||
amount equal to 75% of the annual salary
(including all salary | ||
increases and longevity raises) that the policeman would
have | ||
been receiving when he attained age 63 if the policeman had |
continued in
service at the same rank (whether career service | ||
or exempt) that he last held
in the police department. The | ||
increase in supplemental annuity resulting from
this | ||
amendatory Act of the 92nd General Assembly applies without
| ||
regard to whether the deceased policeman was in service on or | ||
after the
effective date of this amendatory Act and is payable | ||
from July 1, 2002 or the
date upon which the supplemental | ||
annuity begins,
whichever is later.
| ||
(c) Neither compensation nor supplemental annuity shall be | ||
paid unless the
death of the policeman was a direct result of | ||
the injury, or the injury was
of such character as to prevent | ||
him from subsequently resuming service as a
policeman; nor | ||
shall compensation or supplemental annuity be paid unless the
| ||
widow was the wife of the policeman when the injury occurred.
| ||
(Source: P.A. 101-633, eff. 6-5-20.)
| ||
(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
| ||
Sec. 5-153. Death benefit. | ||
(a) Effective January 1, 1962, an ordinary death benefit is | ||
payable
on account of any policeman in service and in receipt | ||
of salary on or
after such date, which benefit is in addition | ||
to all other annuities and
benefits herein provided. This | ||
benefit is payable upon death of a
policeman:
| ||
(1) occurring in active service while in receipt of | ||
salary;
| ||
(2) on an authorized and approved leave of absence, |
without salary,
beginning on or after January 1, 1962, if | ||
the death occurs within 60
days from the date the employee | ||
was in receipt of salary; or otherwise
in the service and | ||
not separated by resignation or discharge beginning
| ||
January 1, 1962 if death occurs before his resignation or | ||
discharge from
the service;
| ||
(3) receiving duty disability or ordinary disability | ||
benefit;
| ||
(4) occurring within 60 days from the date of | ||
termination of duty
disability or ordinary disability | ||
benefit payments if re-entry into
service had not occurred; | ||
or
| ||
(5) occurring on retirement and while in receipt of an | ||
age and
service annuity, Tier 2 monthly retirement annuity, | ||
or prior service annuity; provided (a) retirement on such
| ||
annuity occurred on or after January 1, 1962, and (b) such | ||
separation
from service was effective on or after the | ||
policeman's attainment of age
50, and (c) application for | ||
such annuity was made within 60 days after
separation from | ||
service.
| ||
(b) The ordinary death benefit is payable to such | ||
beneficiary or
beneficiaries as the policeman has nominated by | ||
written direction duly
signed and acknowledged before an | ||
officer authorized to take
acknowledgments, and filed with the | ||
board. If no such written direction
has been filed or if the | ||
designated beneficiaries do not survive the
policeman, payment |
of the benefit shall be made to his estate.
| ||
(c) Until December 31, 1977, if death occurs prior to | ||
retirement on annuity
and before the
policeman's attainment of | ||
age 50, the amount of the benefit payable is
$6,000. If death | ||
occurs prior to retirement, at age 50 or over, the
benefit of | ||
$6,000 shall be reduced $400 for each year (commencing on the
| ||
policeman's attainment of age 50, and thereafter on each | ||
succeeding
birthdate) that the policeman's age, at date of | ||
death, is more than age
50, but in no event below the amount of | ||
$2,000. However, if death
results from injury incurred in the | ||
performance of an act or acts of
duty, prior to retirement on | ||
annuity, the amount of the benefit payable
is $6,000 | ||
notwithstanding the age attained.
| ||
Until December 31, 1977, if the policeman's death occurs | ||
while he is in
receipt of an annuity,
the benefit is $2,000 if | ||
retirement was effective upon attainment of age
55 or greater. | ||
If the policeman retired at age 50 or over and before age
55, | ||
the benefit of $2,000 shall be reduced $100 for each year or
| ||
fraction of a year that the policeman's age at retirement was | ||
less than
age 55 to a minimum payment of $1,500.
| ||
After December 31, 1977, and on or before January 1, 1986, | ||
if death
occurs prior to retirement on annuity
and before the | ||
policeman's attainment of age 50, the amount of the benefit
| ||
payable is $7,000. If death occurs prior to retirement, at age | ||
50 or over,
the benefit of $7,000 shall be reduced $400 for | ||
each year (commencing on
the policeman's attainment of age 50, |
and thereafter on each succeeding
birthdate) that the | ||
policeman's age, at date of death, is more than age
50, but in | ||
no event below the amount of $3,000. However, if death results
| ||
from injury incurred in the performance of an act or acts of | ||
duty, prior
to retirement on annuity, the amount of the benefit | ||
payable is $7,000 notwithstanding
the age attained.
| ||
After December 31, 1977, and on or before January 1, 1986, | ||
if the
policeman's death occurs while he is in
receipt of an | ||
annuity, the benefit is $2,250 if retirement was effective
upon | ||
attainment of age 55 or greater. If the policeman retired at | ||
age 50
or over and before age 55, the benefit of $2,250 shall | ||
be reduced $100 for
each year or fraction of a year that the | ||
policeman's age at retirement was
less than age 55 to a minimum | ||
payment of $1,750.
| ||
After January 1, 1986, if death occurs prior to retirement | ||
on annuity and
before the policeman's attainment of age 50, the | ||
amount of benefit payable
is $12,000. If death occurs prior to | ||
retirement, at age 50 or over, the
benefit of $12,000 shall be | ||
reduced $400 for each year (commencing on the
policeman's | ||
attainment of age 50, and thereafter on each succeeding
| ||
birthdate) that the policeman's age, at date of death, is more | ||
than age 50,
but in no event below the amount of $6,000. | ||
However, if death results from
injury in the performance of an | ||
act or acts of duty, prior to retirement on
annuity, the amount | ||
of benefit payable is $12,000 notwithstanding the age attained.
| ||
After January 1, 1986, if the policeman's death occurs |
while he is in
receipt of an annuity, the benefit is $6,000.
| ||
(d) For the purposes of this Section only, the death of any | ||
policeman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the policeman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall | ||
apply to any policeman who was exposed to and contracted | ||
COVID-19 on or after March 9, 2020 and on or before June 30, | ||
2021 (including the period between December 31, 2020 and the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly) December 31, 2020 ; except that the presumption shall | ||
not apply if the policeman was on a leave of absence from his | ||
or her employment or otherwise not required to report for duty | ||
for a period of 14 or more consecutive days immediately prior | ||
to the date of contraction of COVID-19. For the purposes of | ||
determining when a policeman contracted COVID-19 under this | ||
subsection, the date of contraction is either the date that the | ||
policeman was diagnosed with COVID-19 or was unable to work due | ||
to symptoms that were later diagnosed as COVID-19, whichever | ||
occurred first. | ||
(Source: P.A. 101-633, eff. 6-5-20.)
|
(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
| ||
Sec. 6-140. Death in the line of duty.
| ||
(a) The annuity for the widow of a fireman whose death | ||
results from
the performance of an act or acts of duty shall be | ||
an amount equal to 50% of
the current annual salary attached to | ||
the classified position to which the
fireman was certified at | ||
the time of his death and 75% thereof after
December 31, 1972.
| ||
Unless the performance of an act or acts of duty results | ||
directly in the
death of the fireman, or prevents him from | ||
subsequently resuming active
service in the fire department, | ||
the annuity herein provided shall not be
paid; nor shall such | ||
annuities be paid unless the widow was the wife of the
fireman | ||
at the time of the act or acts of duty which resulted in his | ||
death.
| ||
For the purposes of this Section only, the death of any | ||
fireman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the fireman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall | ||
apply to any fireman who was exposed to and contracted COVID-19 | ||
on or after March 9, 2020 and on or before June 30, 2021 | ||
(including the period between December 31, 2020 and the |
effective date of this amendatory Act of the 101st General | ||
Assembly) December 31, 2020 ; except that the presumption shall | ||
not apply if the fireman was on a leave of absence from his or | ||
her employment or otherwise not required to report for duty for | ||
a period of 14 or more consecutive days immediately prior to | ||
the date of contraction of COVID-19. For the purposes of | ||
determining when a fireman contracted COVID-19 under this | ||
paragraph, the date of contraction is either the date that the | ||
fireman was diagnosed with COVID-19 or was unable to work due | ||
to symptoms that were later diagnosed as COVID-19, whichever | ||
occurred first. | ||
(b) The changes made to this Section by this amendatory Act | ||
of the 92nd
General Assembly apply without regard to whether | ||
the deceased fireman was in
service on or after the effective | ||
date of this amendatory Act. In the case of
a widow receiving | ||
an annuity under this Section that has been reduced to 40%
of | ||
current salary because the fireman, had he lived, would have | ||
attained the
age prescribed for compulsory retirement, the | ||
annuity shall be restored to the
amount provided in subsection | ||
(a), with the increase beginning to accrue on
the later of | ||
January 1, 2001 or the day the annuity first became payable.
| ||
(Source: P.A. 101-633, eff. 6-5-20.)
| ||
(40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
| ||
Sec. 6-150. Death benefit. | ||
(a) Effective January 1, 1962, an ordinary death benefit |
shall
be payable on account of any fireman in service and in | ||
receipt of salary on
or after such date, which benefit shall be | ||
in addition to all other
annuities and benefits herein | ||
provided. This benefit shall be payable upon
death of a | ||
fireman:
| ||
(1) occurring in active service while in receipt of | ||
salary;
| ||
(2) on an authorized and approved leave of absence, | ||
without salary,
beginning on or after January 1, 1962, if | ||
the death occurs within 60 days
from the date the fireman | ||
was in receipt of salary;
| ||
(3) receiving duty, occupational disease, or ordinary | ||
disability
benefit;
| ||
(4) occurring within 60 days from the date of | ||
termination of duty
disability, occupational disease | ||
disability or ordinary disability benefit
payments if | ||
re-entry into service had not occurred; or
| ||
(5) occurring on retirement and while in receipt of an | ||
age and service annuity,
prior service annuity, Tier 2 | ||
monthly retirement annuity, or minimum annuity; provided | ||
(a) retirement on such
annuity occurred on or after January | ||
1, 1962, and (b) such separation from
service was effective | ||
on or after the fireman's attainment of age 50, and
(c) | ||
application for such annuity was made within 60 days after | ||
separation
from service.
| ||
(b) The ordinary death benefit shall be payable to such |
beneficiary or
beneficiaries as the fireman has nominated by | ||
written direction duly signed
and acknowledged before an | ||
officer authorized to take acknowledgments, and
filed with the | ||
board. If no such written direction has been filed or if the
| ||
designated beneficiaries do not survive the fireman, payment of | ||
the benefit
shall be made to his estate.
| ||
(c) Beginning July 1, 1983, if death occurs prior to | ||
retirement on
annuity and before the
fireman's attainment of | ||
age 50, the amount of the benefit payable shall be
$12,000. | ||
Beginning July 1, 1983, if death occurs prior
to retirement, at | ||
age 50 or over, the benefit
of $12,000 shall be reduced $400 | ||
for each year
(commencing on the fireman's
attainment of age 50 | ||
and thereafter on each succeeding birth date) that the
| ||
fireman's age, at date of death, is more than age 49, but in no | ||
event below
the amount of $6,000.
| ||
Beginning July 1, 1983, if the fireman's death occurs while | ||
he is in
receipt of an annuity, the
benefit shall be $6,000.
| ||
(d) For the purposes of this Section only, the death of any | ||
fireman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the fireman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall |
apply to any fireman who was exposed to and contracted COVID-19 | ||
on or after March 9, 2020 and on or before June 30, 2021 | ||
(including the period between December 31, 2020 and the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly) December 31, 2020 ; except that the presumption shall | ||
not apply if the fireman was on a leave of absence from his or | ||
her employment or otherwise not required to report for duty for | ||
a period of 14 or more consecutive days immediately prior to | ||
the date of contraction of COVID-19. For the purposes of | ||
determining when a fireman contracted COVID-19 under this | ||
subsection, the date of contraction is either the date that the | ||
fireman was diagnosed with COVID-19 or was unable to work due | ||
to symptoms that were later diagnosed as COVID-19, whichever | ||
occurred first. | ||
(Source: P.A. 101-633, eff. 6-5-20.)
| ||
Section 15. The Workers' Occupational Diseases Act is | ||
amended by changing Section 1 as follows:
| ||
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
| ||
Sec. 1. This Act shall be known and may be cited as the | ||
"Workers'
Occupational Diseases Act".
| ||
(a) The term "employer" as used in this Act shall be | ||
construed to
be:
| ||
1. The State and each county, city, town, township, | ||
incorporated
village, school district, body politic, or |
municipal corporation
therein.
| ||
2. Every person, firm, public or private corporation, | ||
including
hospitals, public service, eleemosynary, | ||
religious or charitable
corporations or associations, who | ||
has any person in service or under any
contract for hire, | ||
express or implied, oral or written.
| ||
3. Where an employer operating under and subject to the | ||
provisions
of this Act loans an employee to another such | ||
employer and such loaned
employee sustains a compensable | ||
occupational disease in the employment
of such borrowing | ||
employer and where such borrowing employer does not
provide | ||
or pay the benefits or payments due such employee, such | ||
loaning
employer shall be liable to provide or pay all | ||
benefits or payments due
such employee under this Act and | ||
as to such employee the liability of
such loaning and | ||
borrowing employers shall be joint and several,
provided | ||
that such loaning employer shall in the absence of | ||
agreement to
the contrary be entitled to receive from such | ||
borrowing employer full
reimbursement for all sums paid or | ||
incurred pursuant to this paragraph
together with | ||
reasonable attorneys' fees and expenses in any hearings
| ||
before the Illinois Workers' Compensation Commission or in | ||
any action to secure such
reimbursement. Where any benefit | ||
is provided or paid by such loaning
employer, the employee | ||
shall have the duty of rendering reasonable
co-operation in | ||
any hearings, trials or proceedings in the case,
including |
such proceedings for reimbursement.
| ||
Where an employee files an Application for Adjustment | ||
of Claim with
the Illinois Workers' Compensation | ||
Commission alleging that his or her claim is covered by
the | ||
provisions of the preceding paragraph, and joining both the | ||
alleged
loaning and borrowing employers, they and each of | ||
them, upon written
demand by the employee and within 7 days | ||
after receipt of such demand,
shall have the duty of filing | ||
with the Illinois Workers' Compensation Commission a | ||
written
admission or denial of the allegation that the | ||
claim is covered by the
provisions of the preceding | ||
paragraph and in default of such filing or
if any such | ||
denial be ultimately determined not to have been bona fide
| ||
then the provisions of Paragraph K of Section 19 of this | ||
Act shall
apply.
| ||
An employer whose business or enterprise or a | ||
substantial part
thereof consists of hiring, procuring or | ||
furnishing employees to or for
other employers operating | ||
under and subject to the provisions of this
Act for the | ||
performance of the work of such other employers and who | ||
pays
such employees their salary or wage notwithstanding | ||
that they are doing
the work of such other employers shall | ||
be deemed a loaning employer
within the meaning and | ||
provisions of this Section.
| ||
(b) The term "employee" as used in this Act, shall be | ||
construed to
mean:
|
1. Every person in the service of the State, county, | ||
city, town,
township, incorporated village or school | ||
district, body politic or
municipal corporation therein, | ||
whether by election, appointment or
contract of hire, | ||
express or implied, oral or written, including any
official | ||
of the State, or of any county, city, town, township,
| ||
incorporated village, school district, body politic or | ||
municipal
corporation therein and except any duly | ||
appointed member of the fire
department in any city whose | ||
population exceeds 500,000 according to the
last Federal or | ||
State census, and except any member of a fire insurance
| ||
patrol maintained by a board of underwriters in this State. | ||
One employed
by a contractor who has contracted with the | ||
State, or a county, city,
town, township, incorporated | ||
village, school district, body politic or
municipal | ||
corporation therein, through its representatives, shall | ||
not be
considered as an employee of the State, county, | ||
city, town, township,
incorporated village, school | ||
district, body politic or municipal
corporation which made | ||
the contract.
| ||
2. Every person in the service of another under any | ||
contract of
hire, express or implied, oral or written, who | ||
contracts an occupational
disease while working in the | ||
State of Illinois, or who contracts an
occupational disease | ||
while working outside of the State of Illinois but
where | ||
the contract of hire is made within the State of Illinois, |
and any
person whose employment is principally localized | ||
within the State of
Illinois, regardless of the place where | ||
the disease was contracted or
place where the contract of | ||
hire was made, including aliens, and minors
who, for the | ||
purpose of this Act, except Section 3 hereof, shall be
| ||
considered the same and have the same power to contract, | ||
receive
payments and give quittances therefor, as adult | ||
employees. An employee
or his or her dependents under this | ||
Act who shall have a cause of action
by reason of an | ||
occupational disease, disablement or death arising out
of | ||
and in the course of his or her employment may elect or | ||
pursue
his or her remedy in the State where the disease was | ||
contracted, or in the
State where the contract of hire is | ||
made, or in the State where the
employment is principally | ||
localized.
| ||
(c) "Commission" means the Illinois Workers' Compensation | ||
Commission created by the
Workers' Compensation Act, approved | ||
July 9, 1951, as amended.
| ||
(d) In this Act the term "Occupational Disease" means a | ||
disease
arising out of and in the course of the employment or | ||
which has become
aggravated and rendered disabling as a result | ||
of the exposure of the
employment. Such aggravation shall arise | ||
out of a risk peculiar to or
increased by the employment and | ||
not common to the general public.
| ||
A disease shall be deemed to arise out of the employment if | ||
there is
apparent to the rational mind, upon consideration of |
all the
circumstances, a causal connection between the | ||
conditions under which
the work is performed and the | ||
occupational disease. The disease need not
to have been | ||
foreseen or expected but after its contraction it must
appear | ||
to have had its origin or aggravation in a risk connected with
| ||
the employment and to have flowed from that source as a | ||
rational
consequence.
| ||
An employee shall be conclusively deemed to have been | ||
exposed to the
hazards of an occupational disease when, for any | ||
length of time however
short, he or she is employed in an | ||
occupation or process in which the
hazard of the disease | ||
exists; provided however, that in a claim of
exposure to atomic | ||
radiation, the fact of such exposure must be verified
by the | ||
records of the central registry of radiation exposure | ||
maintained
by the Department of Public Health or by some other | ||
recognized
governmental agency maintaining records of such | ||
exposures whenever and
to the extent that the records are on | ||
file with the Department of Public
Health or the agency. | ||
Any injury to or disease or death of an employee arising | ||
from the administration of a vaccine, including without | ||
limitation smallpox vaccine, to prepare for, or as a response | ||
to, a threatened or potential bioterrorist incident to the | ||
employee as part of a voluntary inoculation program in | ||
connection with the person's employment or in connection with | ||
any governmental program or recommendation for the inoculation | ||
of workers in the employee's occupation, geographical area, or |
other category that includes the employee is deemed to arise | ||
out of and in the course of the employment for all purposes | ||
under this Act. This paragraph added by Public Act 93-829 is | ||
declarative of existing law and is not a new enactment.
| ||
The employer liable for the compensation in this Act | ||
provided shall
be the employer in whose employment the employee | ||
was last exposed to the
hazard of the occupational disease | ||
claimed upon regardless of the length
of time of such last | ||
exposure, except, in cases of silicosis or
asbestosis, the only | ||
employer liable shall be the last employer in whose
employment | ||
the employee was last exposed during a period of 60 days or
| ||
more after the effective date of this Act, to the hazard of | ||
such
occupational disease, and, in such cases, an exposure | ||
during a period of
less than 60 days, after the effective date | ||
of this Act, shall not be
deemed a last exposure. If a miner | ||
who is suffering or suffered from
pneumoconiosis was employed | ||
for 10 years or more in one or more coal
mines there shall, | ||
effective July 1, 1973 be a rebuttable presumption
that his or | ||
her pneumoconiosis arose out of such employment.
| ||
If a deceased miner was employed for 10 years or more in | ||
one or more
coal mines and died from a respirable disease there | ||
shall, effective
July 1, 1973, be a rebuttable presumption that | ||
his or her death was due
to pneumoconiosis.
| ||
Any condition or impairment of health of an employee | ||
employed as a
firefighter, emergency medical technician (EMT), | ||
emergency medical technician-intermediate (EMT-I), advanced |
emergency medical technician (A-EMT), or paramedic which | ||
results
directly or indirectly from any bloodborne pathogen, | ||
lung or respiratory
disease
or
condition, heart
or vascular | ||
disease or condition, hypertension, tuberculosis, or cancer
| ||
resulting
in any disability (temporary, permanent, total, or | ||
partial) to the employee
shall be rebuttably presumed to arise | ||
out of and in the course of the
employee's firefighting, EMT, | ||
EMT-I, A-EMT, or paramedic employment and, further, shall be
| ||
rebuttably presumed to be causally connected to the hazards or | ||
exposures of
the employment. This presumption shall also apply | ||
to any hernia or hearing
loss suffered by an employee employed | ||
as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, | ||
this presumption shall not apply to any employee who has been | ||
employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for | ||
less than 5 years at the time he or she files an Application | ||
for Adjustment of Claim concerning this condition or impairment | ||
with the Illinois Workers' Compensation Commission. The | ||
rebuttable presumption established under this subsection, | ||
however, does not apply to an emergency medical technician | ||
(EMT), emergency medical technician-intermediate (EMT-I), | ||
advanced emergency medical technician (A-EMT), or paramedic | ||
employed by a private employer if the employee spends the | ||
preponderance of his or her work time for that employer engaged | ||
in medical transfers between medical care facilities or | ||
non-emergency medical transfers to or from medical care | ||
facilities. The changes made to this subsection by this |
amendatory Act of the 98th General Assembly shall be narrowly | ||
construed. The Finding and Decision of the Illinois Workers' | ||
Compensation Commission under only the rebuttable presumption | ||
provision of this paragraph shall not be admissible or be | ||
deemed res judicata in any disability claim under the Illinois | ||
Pension Code arising out of the same medical condition; | ||
however, this sentence makes no change to the law set forth in | ||
Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||
The insurance carrier liable shall be the carrier whose | ||
policy was in
effect covering the employer liable on the last | ||
day of the exposure
rendering such employer liable in | ||
accordance with the provisions of this
Act.
| ||
(e) "Disablement" means an impairment or partial | ||
impairment,
temporary or permanent, in the function of the body | ||
or any of the
members of the body, or the event of becoming | ||
disabled from earning full
wages at the work in which the | ||
employee was engaged when last exposed to
the hazards of the | ||
occupational disease by the employer from whom he or
she claims | ||
compensation, or equal wages in other suitable employment;
and | ||
"disability" means the state of being so incapacitated.
| ||
(f) No compensation shall be payable for or on account of | ||
any
occupational disease unless disablement, as herein | ||
defined, occurs
within two years after the last day of the last | ||
exposure to the hazards
of the disease, except in cases of | ||
occupational disease caused by
berylliosis or by the inhalation | ||
of silica dust or asbestos dust and, in
such cases, within 3 |
years after the last day of the last exposure to
the hazards of | ||
such disease and except in the case of occupational
disease | ||
caused by exposure to radiological materials or equipment, and
| ||
in such case, within 25 years after the last day of last | ||
exposure to the
hazards of such disease.
| ||
(g)(1) In any proceeding before the Commission in which the | ||
employee is a COVID-19 first responder or front-line worker as | ||
defined in this subsection, if the employee's injury or | ||
occupational disease resulted from exposure to and contraction | ||
of COVID-19, the exposure and contraction shall be rebuttably | ||
presumed to have arisen out of and in the course of the | ||
employee's first responder or front-line worker employment and | ||
the injury or occupational disease shall be rebuttably presumed | ||
to be causally connected to the hazards or exposures of the | ||
employee's first responder or front-line worker employment. | ||
(2) The term "COVID-19 first responder or front-line | ||
worker" means: all individuals employed as police, fire | ||
personnel, emergency medical technicians, or paramedics; all | ||
individuals employed and considered as first responders; all | ||
workers for health care providers, including nursing homes and | ||
rehabilitation facilities and home care workers; corrections | ||
officers; and any individuals employed by essential businesses | ||
and operations as defined in Executive Order 2020-10 dated | ||
March 20, 2020, as long as individuals employed by essential | ||
businesses and operations are required by their employment to | ||
encounter members of the general public or to work in |
employment locations of more than 15 employees. For purposes of | ||
this subsection only, an employee's home or place of residence | ||
is not a place of employment, except for home care workers. | ||
(3) The presumption created in this subsection may be | ||
rebutted by evidence, including, but not limited to, the | ||
following: | ||
(A) the employee was working from his or her home, on | ||
leave from his or her employment, or some combination | ||
thereof, for a period of 14 or more consecutive days | ||
immediately prior to the employee's injury, occupational | ||
disease, or period of incapacity resulted from exposure to | ||
COVID-19; or | ||
(B) the employer was engaging in and applying to the | ||
fullest extent possible or enforcing to the best of its | ||
ability industry-specific workplace sanitation, social | ||
distancing, and health and safety practices based on | ||
updated guidance issued by the Centers for Disease Control | ||
and Prevention or Illinois Department of Public Health or | ||
was using a combination of administrative controls, | ||
engineering controls, or personal protective equipment to | ||
reduce the transmission of COVID-19 to all employees for at | ||
least 14 consecutive days prior to the employee's injury, | ||
occupational disease, or period of incapacity resulting | ||
from exposure to COVID-19. For purposes of this subsection, | ||
"updated" means the guidance in effect at least 14 days | ||
prior to the COVID-19 diagnosis. For purposes of this |
subsection, "personal protective equipment" means | ||
industry-specific equipment worn to minimize exposure to | ||
hazards that cause illnesses or serious injuries, which may | ||
result from contact with biological, chemical, | ||
radiological, physical, electrical, mechanical, or other | ||
workplace hazards. "Personal protective equipment" | ||
includes, but is not limited to, items such as face | ||
coverings, gloves, safety glasses, safety face shields, | ||
barriers, shoes, earplugs or muffs, hard hats, | ||
respirators, coveralls, vests, and full body suits; or | ||
(C) the employee was exposed to COVID-19 by an | ||
alternate source. | ||
(4) The rebuttable presumption created in this subsection | ||
applies to all cases tried after June 5, 2020 ( the effective | ||
date of Public Act 101-633) this amendatory Act of the 101st | ||
General Assembly and in which the diagnosis of COVID-19 was | ||
made on or after March 9, 2020 and on or before June 30, 2021 | ||
(including the period between December 31, 2020 and the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly) December 31, 2020 . | ||
(5) Under no circumstances shall any COVID-19 case increase | ||
or affect any employer's workers' compensation insurance | ||
experience rating or modification, but COVID-19 costs may be | ||
included in determining overall State loss costs. | ||
(6) In order for the presumption created in this subsection | ||
to apply at trial, for COVID-19 diagnoses occurring on or |
before June 15, 2020, an employee must provide a confirmed | ||
medical diagnosis by a licensed medical practitioner or a | ||
positive laboratory test for COVID-19 or for COVID-19 | ||
antibodies; for COVID-19 diagnoses occurring after June 15, | ||
2020, an employee must provide a positive laboratory test for | ||
COVID-19 or for COVID-19 antibodies. | ||
(7) The presumption created in this subsection does not | ||
apply if the employee's place of employment was solely the | ||
employee's home or residence for a period of 14 or more | ||
consecutive days immediately prior to the employee's injury, | ||
occupational disease, or period of incapacity resulted from | ||
exposure to COVID-19. | ||
(8) The date of injury or the beginning of the employee's | ||
occupational disease or period of disability is either the date | ||
that the employee was unable to work due to contraction of | ||
COVID-19 or was unable to work due to symptoms that were later | ||
diagnosed as COVID-19, whichever came first. | ||
(9) An employee who contracts COVID-19, but fails to | ||
establish the rebuttable presumption is not precluded from | ||
filing for compensation under this Act or under the Workers' | ||
Compensation Act. | ||
(10) To qualify for temporary total disability benefits | ||
under the presumption created in this subsection, the employee | ||
must be certified for or recertified for temporary disability. | ||
(11) An employer is entitled to a credit against any | ||
liability for temporary total disability due to an employee as |
a result of the employee contracting COVID-19 for (A) any sick | ||
leave benefits or extended salary benefits paid to the employee | ||
by the employer under Emergency Family Medical Leave Expansion | ||
Act, Emergency Paid Sick Leave Act of the Families First | ||
Coronavirus Response Act, or any other federal law, or (B) any | ||
other credit to which an employer is entitled under the | ||
Workers' Compensation Act. | ||
(Source: P.A. 101-633, eff. 6-5-20.)
| ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.44 as follows: | ||
(30 ILCS 805/8.44 new) | ||
Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 101st General Assembly.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|