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HB5332 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5332
Introduced 2/10/2026, by Rep. Angelica Guerrero-Cuellar
SYNOPSIS AS INTRODUCED:
820 ILCS 320/10
820 ILCS 320/15
820 ILCS 320/17
Amends the Public Safety Employee Benefits Act. Provides that
required health coverage benefits and education benefits are contingent on
the law enforcement officer being killed in the line of duty. Provides that
a surviving spouse shall not be required to submit a notarized affidavit or
other notarized documentation attesting that the surviving spouse has not
been remarried as a condition of eligibility for any benefit, payment, or
right guaranteed under the Act. Effective immediately.
LRB104 18920 SPS 32365 b
A BILL FOR
HB5332
LRB104 18920 SPS 32365 b
1
AN ACT concerning employment.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Public Safety Employee Benefits Act is
5
amended by changing Sections 3, 10, 15, and 17 as follows:
6
(820 ILCS 320/10)
7
Sec. 10.
Required health coverage benefits.
8
(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
12
shall pay the entire premium of the employer's health
13
insurance plan for the injured employee, the injured
14
employee's spouse, and for each dependent child of the injured
15
employee until the child reaches the age of majority or until
16
the end of the calendar year in which the child reaches the age
17
of 25 if the child continues to be dependent for support or the
18
child is a full-time or part-time student and is dependent for
19
support. An individual whose entire premium is paid in
20
accordance with this Section shall be offered by the employer
21
the choice of any health insurance plan available to currently
22
employed full-time law enforcement, correctional or
23
correctional probation officers, or firefighters. For purposes
HB5332
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LRB104 18920 SPS 32365 b
1
of plans administered under the State Employee Group Insurance
2
Act of 1971, changes in coverage may only be elected during
3
open enrollment or following a qualifying event. The term
4
"health insurance plan" does not include supplemental benefits
5
that are not part of the basic group health insurance plan. If
6
the injured employee subsequently dies, the employer shall
7
continue to pay the entire health insurance premium for the
8
surviving spouse until remarried and for the dependent
9
children under the conditions established in this Section.
10
However:
11
(1) Health insurance benefits payable from any other
12
source shall reduce benefits payable under this Section.
13
(2) It is unlawful for a person to willfully and
14
knowingly make, or cause to be made, or to assist,
15
conspire with, or urge another to make, or cause to be
16
made, any false, fraudulent, or misleading oral or written
17
statement to obtain health insurance coverage as provided
18
under this Section. A violation of this item is a Class A
19
misdemeanor.
20
(3) Upon conviction for a violation described in item
21
(2), a law enforcement, correctional or correctional
22
probation officer, or other beneficiary who receives or
23
seeks to receive health insurance benefits under this
24
Section shall forfeit the right to receive health
25
insurance benefits and shall reimburse the employer for
26
all benefits paid due to the fraud or other prohibited
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LRB104 18920 SPS 32365 b
1
activity. For purposes of this item, "conviction" means a
2
determination of guilt that is the result of a plea or
3
trial, regardless of whether adjudication is withheld.
4
(b) In order for the law enforcement, correctional or
5
correctional probation officer, firefighter, spouse, or
6
dependent children to be eligible for insurance coverage under
7
this Act, the injury or death must
take place in the line of
8
duty, as that term is used in subsection (e) of Section 2 of
9
the Illinois Line of Duty Compensation Act
have occurred as
10
the result of the officer's response to fresh pursuit, the
11
officer or firefighter's response to what is reasonably
12
believed to be an emergency, an unlawful act perpetrated by
13
another, or during the investigation of a criminal act
.
14
Nothing in this Section shall be construed to limit health
15
insurance coverage or pension benefits for which the officer,
16
firefighter, spouse, or dependent children may otherwise be
17
eligible.
18
(Source: P.A. 103-340, eff. 1-1-24
.)
19
(820 ILCS 320/15)
20
Sec. 15.
Required educational benefits.
If a firefighter,
21
law enforcement, or correctional or correctional probation
22
officer is accidentally or unlawfully and intentionally killed
23
in the line of duty, as that term is used in subsection (e) of
24
Section 2 of the Illinois Line of Duty Compensation Act,
as
25
specified in subsection (b) of Section 10
on or after July 1,
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LRB104 18920 SPS 32365 b
1
1980, the State shall waive certain educational expenses which
2
children of the deceased incur while obtaining a
3
vocational-technical certificate or an undergraduate education
4
at a State supported institution. The amount waived by the
5
State shall be an amount equal to the cost of tuition and
6
matriculation and registration fees for a total of 120 credit
7
hours. The child may attend a State vocational-technical
8
school, a public community college, or a State university. The
9
child may attend any or all of the institutions specified in
10
this Section, on either a full-time or part-time basis. The
11
benefits provided under this Section shall continue to the
12
child until the child's 25th birthday.
13
(1) Upon failure of any child benefited by the
14
provisions of this Section to comply with the ordinary and
15
minimum requirements of the institution attended, both as
16
to discipline and scholarship, the benefits shall be
17
withdrawn as to the child and no further moneys may be
18
expended for the child's benefits so long as the failure
19
or delinquency continues.
20
(2) Only a student in good standing in his or her
21
respective institution may receive the benefits under this
22
Section.
23
(3) A child receiving benefits under this Section must
24
be enrolled according to the customary rules and
25
requirements of the institution attended.
26
(Source: P.A. 92-651, eff. 7-11-02.)
HB5332
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LRB104 18920 SPS 32365 b
1
(820 ILCS 320/17)
2
Sec. 17.
Reporting forms.
3
(a) A person who qualified for benefits under subsections
4
(a) and (b) of Section 10 of this Act (hereinafter referred to
5
as "PSEBA recipient") shall be required to file a form with his
6
or her employer as prescribed in this Section. The Commission
7
on Government Forecasting and Accountability (COGFA) shall use
8
the form created in this Act and prescribe the content of the
9
report in cooperation with one statewide labor organization
10
representing police, one statewide law enforcement
11
organization, one statewide labor organization representing
12
firefighters employed by at least 100 municipalities in this
13
State that is affiliated with the Illinois State Federation of
14
Labor, one statewide labor organization representing
15
correctional officers and parole agents that is affiliated
16
with the Illinois State Federation of Labor, one statewide
17
organization representing municipalities, and one regional
18
organization representing municipalities. COGFA may accept
19
comment from any source, but shall not be required to solicit
20
public comment. Within 60 days after the effective date of
21
this amendatory Act of the 98th General Assembly, COGFA shall
22
remit a copy of the form contained in this subsection to all
23
employers subject to this Act and shall make a copy available
24
on its website.
HB5332
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LRB104 18920 SPS 32365 b
1
"PSEBA RECIPIENT REPORTING FORM:
2
Under Section 17 of the Public Safety Employee
3
Benefits Act (820 ILCS 320/17), the Commission on
4
Government Forecasting and Accountability (COGFA) is
5
charged with creating and submitting a report to the
6
Governor and the General Assembly setting forth
7
information regarding recipients and benefits payable
8
under the Public Safety Employee Benefits Act (Act). The
9
Act requires employers providing PSEBA benefits to
10
distribute this form to any former peace officer,
11
firefighter, or correctional officer currently in receipt
12
of PSEBA benefits.
13
The responses to the questions below will be used by
14
COGFA to compile information regarding the PSEBA benefit
15
for its report. The Act prohibits the release of any
16
personal information concerning the PSEBA recipient and
17
exempts the reported information from the requirements of
18
the Freedom of Information Act (FOIA).
19
The Act requires the PSEBA recipient to complete this
20
form and submit it to the employer providing PSEBA
21
benefits within 60 days of receipt. If the PSEBA recipient
22
fails to submit this form within 60 days of receipt, the
23
employer is required to notify the PSEBA recipient of
24
non-compliance and provide an additional 30 days to submit
25
the required form. Failure to submit the form in a timely
26
manner will result in the PSEBA recipient incurring
HB5332
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LRB104 18920 SPS 32365 b
1
responsibility for reimbursing the employer for premiums
2
paid during the period the form is due and not filed.
3
(1) PSEBA recipient's name:
4
(2) PSEBA recipient's date of birth:
5
(3) Name of the employer providing PSEBA benefits:
6
(4) Date the PSEBA benefit first became payable:
7
(5) What was the medical diagnosis of the injury
8
that qualified you for the PSEBA benefit?
9
(6) Are you currently employed with compensation?
10
(7) If so, what is the name(s) of your current
11
employer(s)?
12
(8) Are you or your spouse enrolled in a health
13
insurance plan provided by your current employer or
14
another source?
15
(9) Have you or your spouse been offered or
16
provided access to health insurance from your current
17
employer(s)?
18
If you answered yes to question 8 or 9, please provide
19
the name of the employer, the name of the insurance
20
provider(s), and a general description of the type(s) of
21
insurance offered (HMO, PPO, HSA, etc.):
22
(10) Are you or your spouse enrolled in a health
23
insurance plan provided by a current employer of your
24
spouse?
25
(11) Have you or your spouse been offered or
26
provided access to health insurance provided by a
HB5332
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LRB104 18920 SPS 32365 b
1
current employer of your spouse?
2
If you answered yes to question 10 or 11, please
3
provide the name of the employer, the name of the
4
insurance provider, and a general description of the type
5
of insurance offered (HMO, PPO, HSA, etc.) by an employer
6
of your spouse:"
7
COGFA shall notify an employer of its obligation to notify
8
any PSEBA recipient receiving benefits under this Act of that
9
recipient's obligation to file a report under this Section. A
10
PSEBA recipient receiving benefits under this Act must
11
complete and return this form to the employer within 60 days of
12
receipt of such form. Any PSEBA recipient who has been given
13
notice as provided under this Section and who fails to timely
14
file a report under this Section within 60 days after receipt
15
of this form shall be notified by the employer that he or she
16
has 30 days to submit the report or risk incurring the cost of
17
his or her benefits provided under this Act. An employer may
18
seek reimbursement for premium payments for a PSEBA recipient
19
who fails to file this report with the employer 30 days after
20
receiving this notice. The PSEBA recipient is responsible for
21
reimbursing the employer for premiums paid during the period
22
the report is due and not filed. Employers shall return this
23
form to COGFA within 30 days after receiving the form from the
24
PSEBA recipient.
25
Any information collected by the employer under this
HB5332
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LRB104 18920 SPS 32365 b
1
Section shall be exempt from the requirements of the Freedom
2
of Information Act except for data collected in the aggregate
3
that does not reveal any personal information concerning the
4
PSEBA recipient.
5
By July 1 of every even-numbered year, beginning in 2016,
6
employers subject to this Act must send the form contained in
7
this subsection to all PSEBA recipients eligible for benefits
8
under this Act. The PSEBA recipient must complete and return
9
this form by September 1 of that year. Any PSEBA recipient who
10
has been given notice as provided under this Section and who
11
fails to timely file a completed form under this Section
12
within 60 days after receipt of this form shall be notified by
13
the employer that he or she has 30 days to submit the form or
14
risk incurring the costs of his or her benefits provided under
15
this Act. The PSEBA recipient is responsible for reimbursing
16
the employer for premiums paid during the period the report is
17
due and not filed. The employer shall resume premium payments
18
upon receipt of the completed form. Employers shall return
19
this form to COGFA within 30 days after receiving the form from
20
the PSEBA recipient.
21
(b) An employer subject to this Act shall complete and
22
file the form contained in this subsection.
23
"EMPLOYER SUBJECT TO PSEBA REPORTING FORM:
24
Under Section 17 of the Public Safety Employee
25
Benefits Act (820 ILCS 320/17), the Commission on
HB5332
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LRB104 18920 SPS 32365 b
1
Government Forecasting and Accountability (COGFA) is
2
charged with creating and submitting a report to the
3
Governor and General Assembly setting forth information
4
regarding recipients and benefits payable under the Public
5
Safety Employee Benefits Act (Act).
6
The responses to the questions below will be used by
7
COGFA to compile information regarding the PSEBA benefit
8
for its report.
9
The Act requires all employers subject to the PSEBA
10
Act to submit the following information within 120 days
11
after receipt of this form.
12
(1) Name of the employer:
13
(2) The number of PSEBA benefit applications filed
14
under the Act during the reporting period provided in
15
the aggregate and listed individually by name of
16
applicant and date of application:
17
(3) The number of PSEBA benefits and names of
18
PSEBA recipients receiving benefits awarded under the
19
Act during the reporting period provided in the
20
aggregate and listed individually by name of applicant
21
and date of application:
22
(4) The cost of the health insurance premiums paid
23
due to PSEBA benefits awarded under the Act during the
24
reporting period provided in the aggregate and listed
25
individually by name of PSEBA recipient:
26
(5) The number of PSEBA benefit applications filed
HB5332
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LRB104 18920 SPS 32365 b
1
under the Act since the inception of the Act provided
2
in the aggregate and listed individually by name of
3
applicant and date of application:
4
(6) The number of PSEBA benefits awarded under the
5
Act since the inception of the Act provided in the
6
aggregate and listed individually by name of applicant
7
and date of application:
8
(7) The cost of health insurance premiums paid due
9
to PSEBA benefits awarded under the Act since the
10
inception of the Act provided in the aggregate and
11
listed individually by name of PSEBA recipient:
12
(8) The current annual cost of health insurance
13
premiums paid for PSEBA benefits awarded under the Act
14
provided in the aggregate and listed individually by
15
name of PSEBA recipient:
16
(9) The annual cost of health insurance premiums
17
paid for PSEBA benefits awarded under the Act listed
18
by year since the inception of the Act provided in
19
annual aggregate amounts and listed individually by
20
name of PSEBA recipient:
21
(10) A description of health insurance benefit
22
levels currently provided by the employer to the PSEBA
23
recipient:
24
(11) The total cost of the monthly health
25
insurance premium currently provided to the PSEBA
26
recipient:
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LRB104 18920 SPS 32365 b
1
(12) The other costs of the health insurance
2
benefit currently provided to the PSEBA recipient
3
including, but not limited to:
4
(i) the co-pay requirements of the health
5
insurance policy provided to the PSEBA recipient;
6
(ii) the out-of-pocket deductibles of the
7
health insurance policy provided to the PSEBA
8
recipient;
9
(iii) any pharmaceutical benefits and co-pays
10
provided in the insurance policy; and
11
(iv) any policy limits of the health insurance
12
policy provided to the PSEBA recipient."
13
An employer covered under this Act shall file copies of
14
the PSEBA Recipient Reporting Form and the Employer Subject to
15
the PSEBA Act Reporting Form with COGFA within 120 days after
16
receipt of the Employer Subject to the PSEBA Act Reporting
17
Form.
18
The first form filed with COGFA under this Section shall
19
contain all information required by this Section. All forms
20
filed by the employer thereafter shall set forth the required
21
information for the 24-month period ending on June 30
22
preceding the deadline date for filing the report.
23
Whenever possible, communication between COGFA and
24
employers as required by this Act shall be through electronic
25
means.
HB5332
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LRB104 18920 SPS 32365 b
1
(c) For the purpose of creating the report required under
2
subsection (d), upon receipt of each PSEBA Benefit Recipient
3
Form, or as soon as reasonably practicable, COGFA shall make a
4
determination of whether the PSEBA benefit recipient or the
5
PSEBA benefit recipient's spouse meets one of the following
6
criteria:
7
(1) the PSEBA benefit recipient or the PSEBA benefit
8
recipient's spouse is receiving health insurance from a
9
current employer, a current employer of his or her spouse,
10
or another source;
11
(2) the PSEBA benefit recipient or the PSEBA benefit
12
recipient's spouse has been offered or provided access to
13
health insurance from a current employer or employers.
14
If one or both of the criteria are met, COGFA shall make
15
the following determinations of the associated costs and
16
benefit levels of health insurance provided or offered to the
17
PSEBA benefit recipient or the PSEBA benefit recipient's
18
spouse:
19
(A) a description of health insurance benefit levels
20
offered to or received by the PSEBA benefit recipient or
21
the PSEBA benefit recipient's spouse from a current
22
employer or a current employer of the PSEBA benefit
23
recipient's spouse;
24
(B) the monthly premium cost of health insurance
25
benefits offered to or received by the PSEBA benefit
26
recipient or the PSEBA benefit recipient's spouse from a
HB5332
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LRB104 18920 SPS 32365 b
1
current employer or a current employer of the PSEBA
2
benefit recipient's spouse including, but not limited to:
3
(i) the total monthly cost of the health insurance
4
premium;
5
(ii) the monthly amount of the health insurance
6
premium to be paid by the employer;
7
(iii) the monthly amount of the health insurance
8
premium to be paid by the PSEBA benefit recipient or
9
the PSEBA benefit recipient's spouse;
10
(iv) the co-pay requirements of the health
11
insurance policy;
12
(v) the out-of-pocket deductibles of the health
13
insurance policy;
14
(vi) any pharmaceutical benefits and co-pays
15
provided in the insurance policy;
16
(vii) any policy limits of the health insurance
17
policy.
18
COGFA shall summarize the related costs and benefit levels
19
of health insurance provided or available to the PSEBA benefit
20
recipient or the PSEBA benefit recipient's spouse and contrast
21
the results to the cost and benefit levels of health insurance
22
currently provided by the employer subject to this Act. This
23
information shall be included in the report required in
24
subsection (d).
25
(c-5) A surviving spouse shall not be required to submit a
26
notarized affidavit or other notarized documentation attesting
HB5332
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LRB104 18920 SPS 32365 b
1
that the surviving spouse has not been remarried as a
2
condition of eligibility for any benefit, payment, or right
3
guaranteed under this Act.
4
(d) By June 1, 2014, and by January 1 of every odd-numbered
5
year thereafter beginning in 2017, COGFA shall submit a report
6
to the Governor and the General Assembly setting forth the
7
information received under subsections (a) and (b). The report
8
shall aggregate data in such a way as to not reveal the
9
identity of any single beneficiary. The requirement for
10
reporting to the General Assembly shall be satisfied by filing
11
copies of the report as required under Section 3.1 of the
12
General Assembly Organization Act, and the State Government
13
Report Distribution Center for the General Assembly as
14
required under paragraph (t) of Section 7 of the State Library
15
Act. COGFA shall make this report available electronically on
16
a publicly accessible website.
17
(Source: P.A. 99-239, eff. 8-3-15; 100-1148, eff. 12-10-18.)
18
Section 99.
Effective date.
This Act takes effect upon
19
becoming law.
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