PUBLIC EMPLOYEE DISABILITY

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Full Text of SB3076

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SB3076 - 104th General Assembly

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SB3076 Enrolled
LRB104 17660 BDA 31091 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,
any part-time or
16
full-time county correctional officer or any other part-time
17
or full-time employee of a county sheriff,
and any full-time
18
law enforcement officer or full-time firefighter, including a
19
full-time paramedic or a firefighter who performs paramedic
20
duties, who is employed by the State of Illinois, any unit of
21
local government (including any home rule unit), any State
22
supported college or university, or any other public entity
23
granted the power to employ persons for such purposes by law.

SB3076 Enrolled
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LRB104 17660 BDA 31091 b
1

(b) Whenever an eligible employee suffers any injury in
2
the line of duty
that

which
causes
the employee

him
to be
3
unable to perform
the employee's

his
duties,
the employee

he

4
shall continue to be paid by the employing public entity on the
5
same basis as
the employee

he
was paid before the injury, with
6
no deduction from
the employee's

his
sick leave credits,
7
compensatory time for overtime accumulations or vacation, or
8
service credits in a public employee pension fund during the
9
time he is unable to perform his duties due to the result of
10
the injury, but not longer than one year in relation to the
11
same injury, except as otherwise provided under subsection
12
(b-5).
During the period in which the employee continues to be
13
paid under this Section, the employing public entity shall
14
also continue to provide the same options for health insurance
15
benefits to the employee and, if applicable, to the employee's
16
eligible dependents at the same benefit level as in effect
17
immediately before the injury, and the employee shall pay no
18
greater premium contribution rate than that which the employee
19
was paying before the injury. Nothing in this Section shall
20
diminish an employee's right to select health insurance
21
coverage pursuant to the terms of an employee benefit plan or
22
collective bargaining agreement. If the employee changes plans
23
while receiving benefits pursuant to this Act, the employee
24
shall pay the amount other employees pay for the same coverage
25
pursuant to a collective bargaining agreement or, in the
26
absence of a collective bargaining agreement, what similarly

SB3076 Enrolled
- 3 -
LRB104 17660 BDA 31091 b
1
situated employees pay pursuant to the employer's health
2
insurance plan.
However, no injury to an employee of the
3
Department of Corrections or the Prisoner Review Board working
4
within a penal institution or an employee of the Department of
5
Human Services working within a departmental mental health or
6
developmental disabilities facility shall qualify the employee
7
for benefits under this Section unless the injury is the
8
direct or indirect result of violence by inmates of the penal
9
institution or residents of the mental health or developmental
10
disabilities facility.
11

(b-5) Upon the occurrence of circumstances, directly or
12
indirectly attributable to COVID-19, occurring on or after
13
March 9, 2020 and on or before June 30, 2021 (including the
14
period between December 31, 2020 and the effective date of
15
this amendatory Act of the 101st General Assembly) which would
16
hinder the physical recovery from an injury of an eligible
17
employee within the one-year period as required under
18
subsection (b), the eligible employee shall be entitled to an
19
extension of no longer than 60 days by which he or she shall
20
continue to be paid by the employing public entity on the same
21
basis as he or she was paid before the injury. The employing
22
public entity may require proof of the circumstances hindering
23
an eligible employee's physical recovery before granting the
24
extension provided under this subsection (b-5).
25

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

SB3076 Enrolled
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LRB104 17660 BDA 31091 b
1
entity may order at the expense of that entity physical or
2
medical examinations of the injured person to determine the
3
degree of disability.
4

(d) During this period of disability, the injured person
5
shall not be employed in any other manner, with or without
6
monetary compensation. Any person who is employed in violation
7
of this paragraph forfeits the continuing compensation
8
provided by this Act from the time such employment begins. Any
9
salary compensation due the injured person from workers'
10
compensation or any salary due
the injured person

him
from any
11
type of insurance which may be carried by the employing public
12
entity shall revert to that entity during the time for which
13
continuing compensation is paid to
the injured person

him

14
under this Act. Any person with a disability receiving
15
compensation under the provisions of this Act shall not be
16
entitled to any benefits for which
the person

he
would qualify
17
because of
the person's

his
disability under the provisions of
18
the Illinois Pension Code.
19

(e) Any employee of the State of Illinois, as defined in
20
Section 14-103.05 of the Illinois Pension Code, who becomes
21
permanently unable to perform the duties of such employment
22
due to an injury received in the active performance of
the
23
person's

his
duties as a State employee as a result of a
24
willful act of violence by another employee of the State of
25
Illinois, as so defined, committed during such other
26
employee's course of employment and after January 1, 1988,

SB3076 Enrolled
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LRB104 17660 BDA 31091 b
1
shall be eligible for benefits pursuant to the provisions of
2
this Section. For purposes of this Section, permanent
3
disability is defined as a diagnosis or prognosis of an
4
inability to return to current job duties by a physician
5
licensed to practice medicine in all of its branches.
6

(f) The compensation and other benefits provided to
7
part-time employees covered by this Section shall be
8
calculated based on the percentage of time the part-time
9
employee was scheduled to work pursuant to
the employee's

his
10
or her
status as a part-time employee.
11

(g) Pursuant to paragraphs (h) and (i) of Section 6 of
12
Article VII of the Illinois Constitution, this Act
13
specifically denies and limits the exercise by home rule units
14
of any power which is inconsistent herewith, and all existing
15
laws and ordinances which are inconsistent herewith are hereby
16
superseded. This Act does not preempt the concurrent exercise
17
by home rule units of powers consistent herewith.
18

This Act does not apply to any home rule unit with a
19
population of over 1,000,000.
20

(h) In those cases where the injury to a State employee for
21
which a benefit is payable under this Act was caused under
22
circumstances creating a legal liability for damages on the
23
part of some person other than the State employer, all of the
24
rights and privileges, including the right to notice of suit
25
brought against such other person and the right to commence or
26
join in such suit, as given the employer, together with the

SB3076 Enrolled
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LRB104 17660 BDA 31091 b
1
conditions or obligations imposed under paragraph (b) of
2
Section 5 of the Workers' Compensation Act, are also given and
3
granted to the State, to the end that, with respect to State
4
employees only, the State may be paid or reimbursed for the
5
amount of benefit paid or to be paid by the State to the
6
injured employee or
the injured employee's

his or her
personal
7
representative out of any judgment, settlement, or payment for
8
such injury obtained by
the

such
injured employee or
the
9
injured employee's

his or her
personal representative from
10
such other person by virtue of the injury.
11
(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20;
12
101-653, eff. 2-28-21.)

13

(5 ILCS 345/2)
14

Sec. 2.
Illness disability benefit.
15

(a) As used in this Section:
16

"Eligible employee" means any full-time law enforcement
17
officer or full-time firefighter, including a full-time
18
paramedic or a firefighter who performs paramedic duties, who
19
is employed by any unit of local government, including any
20
home rule unit
, and any part-time or full-time county
21
correctional officer or any other full or part-time employee
22
of a county sheriff
.
23

"Illness" means any illness, disease, or condition the
24
presence of which in a community results in the declaration of
25
a disaster or emergency by a State, county, or municipal

SB3076 Enrolled
- 7 -
LRB104 17660 BDA 31091 b
1
official.
2

(b) Whenever an eligible employee suffers an illness in
3
the line of duty which causes the employee to be unable to
4
perform the employee's duties, the employee shall continue to
5
be paid by the employing public entity on the same basis as the
6
employee was paid before the illness, with no deduction from
7
the employee's sick leave credits, compensatory time for
8
overtime accumulations or vacation, or service credits in a
9
public pension fund during the time the employee is unable to
10
perform the employee's duties due to the result of the
11
illness, but not longer than one year in relation to the same
12
illness.
13

(c) At any time during the period for which continuing
14
compensation is required by this Act, the employing public
15
entity may order at the expense of that entity physical or
16
medical examinations of the ill person to determine the degree
17
of disability.
18

(d) During this period of disability, the ill person shall
19
not be employed in any other manner, with or without a monetary
20
compensation. Any person who is employed in violation of this
21
subsection forfeits the continuing compensation provided by
22
this Act from the time such employment begins. Any salary
23
compensation due to the ill person from workers' compensation
24
or any salary due to the employee from any type of insurance
25
which may be carried by the employing public entity shall
26
revert to that entity during the time for which continuing

SB3076 Enrolled
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LRB104 17660 BDA 31091 b
1
compensation is paid to the employee under this Act. Any
2
person with a disability receiving compensation under the
3
provisions of this Act shall not be entitled to any benefits
4
for which the employee would qualify because of the employee's
5
disability under the provisions of the Illinois Pension Code.
6

(e) Pursuant to paragraphs (h) and (i) of Section 6 of
7
Article VII of the Illinois Constitution, this Act
8
specifically denies and limits the exercise by home rule units
9
of any power which is inconsistent herewith, and all existing
10
laws and ordinances which are inconsistent herewith are hereby
11
superseded. This Act does not preempt the concurrent exercise
12
by home rule units of powers consistent herewith.
13

This Act does not apply to any home rule unit with a
14
population of over 1,000,000.
15
(Source: P.A. 103-63, eff. 1-1-24
.)

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