PUBLIC EMPLOYEE DISABILITY

Illinois General Assembly - Full Text of HB4491

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Full Text of HB4491

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HB4491 - 104th General Assembly

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HB4491 Enrolled
LRB104 16691 BDA 30095 b
1

AN ACT concerning government.

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 Sections 1 and 2 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 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
14
State mental health or developmental disabilities facility
15
operated by the Department of Human Services, and any
16
full-time law enforcement officer or full-time firefighter,
17
including a full-time paramedic or a firefighter who performs
18
paramedic duties, who is employed by the State of Illinois,
19
any unit of local government (including any home rule unit),
20
any State supported college or university, or any other public
21
entity granted the power to employ persons for such purposes
22
by law.
23

(b) Whenever an eligible employee suffers any injury in

HB4491 Enrolled
- 2 -
LRB104 16691 BDA 30095 b
1
the line of duty which causes
that employee

him
to be unable to
2
perform
the employee's

his
duties,
the employee

he
shall
3
continue to be paid by the employing public entity on the same
4
gross pay
basis
, inclusive of all pensionable salary,
as
the
5
employee

he
was paid before the injury, with no deduction from
6
and with continued accrual of any

his
sick leave credits,
with
7
no deduction from the employee's
compensatory time for
8
overtime accumulations
, with continued accrual of any

or

9
vacation
credits
,
and with continued accrual of any

or
service
10
credits in a public employee pension fund during the time
the
11
employee

he
is unable to perform
the employee's

his
duties
as a

12
due to the
result of the injury, but not longer than one year
13
in relation to the same injury, except as otherwise provided
14
under subsection (b-5). However, no injury to an employee of
15
the Department of Corrections or the Prisoner Review Board
16
working within a penal institution or an employee of the
17
Department of Human Services working within a departmental
18
mental health or developmental disabilities facility shall
19
qualify the employee for benefits under this Section unless
20
the injury is the direct or indirect result of violence by
21
inmates of the penal institution or residents of the mental
22
health or developmental disabilities facility.
23

(b-5) Upon the occurrence of circumstances, directly or
24
indirectly attributable to COVID-19, occurring on or after
25
March 9, 2020 and on or before June 30, 2021 (including the
26
period between December 31, 2020 and the effective date of

HB4491 Enrolled
- 3 -
LRB104 16691 BDA 30095 b
1
this amendatory Act of the 101st General Assembly) which would
2
hinder the physical recovery from an injury of an eligible
3
employee within the one-year period as required under
4
subsection (b), the eligible employee shall be entitled to an
5
extension of no longer than 60 days by which he or she shall
6
continue to be paid by the employing public entity on the same
7
basis as he or she was paid before the injury. The employing
8
public entity may require proof of the circumstances hindering
9
an eligible employee's physical recovery before granting the
10
extension provided under this subsection (b-5).
11

(c) At any time during the period for which continuing
12
compensation is required by this Act, the employing public
13
entity may order at the expense of that entity physical or
14
medical examinations of the injured person to determine the
15
degree of disability.
16

(d) During this period of disability, the injured person
17
shall not be employed in any other manner, with or without
18
monetary compensation. Any person who is employed in violation
19
of this paragraph forfeits the continuing compensation
20
provided by this Act from the time such employment begins. Any
21
salary compensation due the injured person from workers'
22
compensation or any salary due
the injured person

him
from any
23
type of insurance which may be carried by the employing public
24
entity shall revert to that entity during the time for which
25
continuing compensation is paid to
the injured person

him

26
under this Act. Any person with a disability receiving

HB4491 Enrolled
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LRB104 16691 BDA 30095 b
1
compensation under the provisions of this Act shall not be
2
entitled to any benefits for which
that person

he
would
3
qualify because of
the person's

his
disability under the
4
provisions of the Illinois Pension Code.
5

(e) Any employee of the State of Illinois, as defined in
6
Section 14-103.05 of the Illinois Pension Code, who becomes
7
permanently unable to perform the duties of such employment
8
due to an injury received in the active performance of
that
9
employee's

his
duties as a State employee as a result of a
10
willful act of violence by another employee of the State of
11
Illinois, as so defined, committed during such other
12
employee's course of employment and after January 1, 1988,
13
shall be eligible for benefits pursuant to the provisions of
14
this Section. For purposes of this Section, permanent
15
disability is defined as a diagnosis or prognosis of an
16
inability to return to current job duties by a physician
17
licensed to practice medicine in all of its branches.
18

(f) The compensation and other benefits provided to
19
part-time employees covered by this Section shall be
20
calculated based on the percentage of time the part-time
21
employee was scheduled to work pursuant to his or her status as
22
a part-time employee.
23

(g) Pursuant to paragraphs (h) and (i) of Section 6 of
24
Article VII of the Illinois Constitution, this Act
25
specifically denies and limits the exercise by home rule units
26
of any power which is inconsistent herewith, and all existing

HB4491 Enrolled
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LRB104 16691 BDA 30095 b
1
laws and ordinances which are inconsistent herewith are hereby
2
superseded. This Act does not preempt the concurrent exercise
3
by home rule units of powers consistent herewith.
4

This Act does not apply to any home rule unit with a
5
population of over 1,000,000.
6

(h) In those cases where the injury to a State employee for
7
which a benefit is payable under this Act was caused under
8
circumstances creating a legal liability for damages on the
9
part of some person other than the State employer, all of the
10
rights and privileges, including the right to notice of suit
11
brought against such other person and the right to commence or
12
join in such suit, as given the employer, together with the
13
conditions or obligations imposed under paragraph (b) of
14
Section 5 of the Workers' Compensation Act, are also given and
15
granted to the State, to the end that, with respect to State
16
employees only, the State may be paid or reimbursed for the
17
amount of benefit paid or to be paid by the State to the
18
injured employee or his or her personal representative out of
19
any judgment, settlement, or payment for such injury obtained
20
by such injured employee or his or her personal representative
21
from such other person by virtue of the injury.
22
(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20;
23
101-653, eff. 2-28-21.)

24

(5 ILCS 345/2)
25

Sec. 2.
Illness disability benefit.

HB4491 Enrolled
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LRB104 16691 BDA 30095 b
1

(a) As used in this Section:
2

"Eligible employee" means any full-time law enforcement
3
officer or full-time firefighter, including a full-time
4
paramedic or a firefighter who performs paramedic duties, who
5
is employed by any unit of local government, including any
6
home rule unit.
7

"Illness" means any illness, disease, or condition the
8
presence of which in a community results in the declaration of
9
a disaster or emergency by a State, county, or municipal
10
official.
11

(b) Whenever an eligible employee suffers an illness in
12
the line of duty which causes the employee to be unable to
13
perform the employee's duties, the employee shall continue to
14
be paid by the employing public entity on the same
gross pay

15
basis
, inclusive of all pensionable salary,
as the employee
16
was paid before the illness, with no deduction from
and with
17
continued accrual of any

the employee's
sick leave credits,
18
with no deduction from the employee's
compensatory time for
19
overtime accumulations
, with continued accrual of any

or

20
vacation
credits
,
and with continued accrual of any

or
service
21
credits in a public pension fund during the time the employee
22
is unable to perform the employee's duties
as a

due to the

23
result of the illness, but not longer than one year in relation
24
to the same illness.
25

(c) At any time during the period for which continuing
26
compensation is required by this Act, the employing public

HB4491 Enrolled
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LRB104 16691 BDA 30095 b
1
entity may order at the expense of that entity physical or
2
medical examinations of the ill person to determine the degree
3
of disability.
4

(d) During this period of disability, the ill person shall
5
not be employed in any other manner, with or without a monetary
6
compensation. Any person who is employed in violation of this
7
subsection forfeits the continuing compensation provided by
8
this Act from the time such employment begins. Any salary
9
compensation due to the ill person from workers' compensation
10
or any salary due to the employee from any type of insurance
11
which may be carried by the employing public entity shall
12
revert to that entity during the time for which continuing
13
compensation is paid to the employee under this Act. Any
14
person with a disability receiving compensation under the
15
provisions of this Act shall not be entitled to any benefits
16
for which the employee would qualify because of the employee's
17
disability under the provisions of the Illinois Pension Code.
18

(e) Pursuant to paragraphs (h) and (i) of Section 6 of
19
Article VII of the Illinois Constitution, this Act
20
specifically denies and limits the exercise by home rule units
21
of any power which is inconsistent herewith, and all existing
22
laws and ordinances which are inconsistent herewith are hereby
23
superseded. This Act does not preempt the concurrent exercise
24
by home rule units of powers consistent herewith.
25

This Act does not apply to any home rule unit with a
26
population of over 1,000,000.

HB4491 Enrolled
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LRB104 16691 BDA 30095 b
1
(Source: P.A. 103-63, eff. 1-1-24
.)

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