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CHAPTER 820 - EMPLOYMENT
Public Safety Employee Benefits Act.
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(820 ILCS 320/1)
Sec. 1. Short title. This Act may
be cited as the Public Safety Employee Benefits Act.
(Source: P.A. 90-535, eff. 11-14-97.)
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(820 ILCS 320/3)
Sec. 3. Definition. For the purposes
of this Act, the term "firefighter" includes,
without limitation, a licensed emergency medical technician
(EMT) who is a sworn member of a public fire department.
(Source: P.A. 93-569, eff. 8-20-03.)
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(820 ILCS 320/5)
Sec. 5. Declaration of State interest.
The General Assembly determines and declares that the provisions
of this Act fulfill an important State interest.
(Source: P.A. 90-535, eff. 11-14-97.)
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(820 ILCS 320/10)
Sec. 10. Required health coverage
benefits.
(a) An employer who employs a full-time
law enforcement, correctional or correctional probation officer,
or firefighter, who, on or after the effective date of this Act
suffers a catastrophic injury or is killed in the line of duty
shall pay the entire premium of the employer's health insurance
plan for the injured employee, the injured employee's spouse,
and for each dependent child of the injured employee until the
child reaches the age of majority or until the end of the calendar
year in which the child reaches the age of 25 if the child continues
to be dependent for support or the child is a full-time
or part-time student and is dependent for support. The
term "health insurance plan" does not include supplemental
benefits that are not part of the basic group health insurance
plan. If the injured employee subsequently dies, the employer
shall continue to pay the entire health insurance premium for
the surviving spouse until remarried and for the dependent children
under the conditions established in this Section. However:
(1) Health
insurance benefits payable from any other
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source shall
reduce benefits payable under this Section.
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(2)
It is unlawful for a person to willfully and
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knowingly make,
or cause to be made, or to assist, conspire
with, or urge another to make, or cause to
be made, any false, fraudulent, or misleading
oral or written statement to obtain health
insurance coverage as provided under this Section.
A violation of this item is a Class A misdemeanor.
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(3)
Upon conviction for a violation described in
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item (2), a law enforcement, correctional
or correctional probation officer, or other
beneficiary who receives or seeks to receive
health insurance benefits under this Section
shall forfeit the right to receive health insurance
benefits and shall reimburse the employer for
all benefits paid due to the fraud or other
prohibited activity. For purposes of this item, "conviction" means
a determination of guilt that is the result
of a plea or trial, regardless of whether adjudication
is withheld.
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(b) In order for
the law enforcement, correctional or correctional probation
officer, firefighter, spouse, or dependent children
to be eligible for insurance coverage under this Act,
the injury or death must have occurred as the result
of the officer's response to fresh pursuit, the officer
or firefighter's response to what is reasonably believed
to be an emergency, an unlawful act perpetrated by
another, or during the investigation of a criminal
act. Nothing in this Section shall be construed to
limit health insurance coverage or pension benefits
for which the officer, firefighter, spouse, or dependent
children may otherwise be eligible.
(Source: P.A. 90-535, eff. 11-14-97.)
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(820 ILCS 320/15)
Sec. 15. Required educational benefits.
If a firefighter, law enforcement, or correctional or correctional
probation officer is accidentally or unlawfully and intentionally
killed as specified in subsection (b) of Section 10 on or after
July 1, 1980, the State shall waive certain educational expenses
which children of the deceased incur while obtaining a vocational-technical
certificate or an undergraduate education at a State supported
institution. The amount waived by the State shall be an amount
equal to the cost of tuition and matriculation and registration
fees for a total of 120 credit hours. The child may attend a
State vocational-technical school, a public community college,
or a State university. The child may attend any or all of the
institutions specified in this Section, on either a full-time
or part-time basis. The benefits provided under this Section
shall continue to the child until the child's 25th birthday.
(1) Upon
failure of any child benefited by the
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provisions of this Section to comply
with the ordinary and minimum requirements
of the institution attended, both as to discipline
and scholarship, the benefits shall be withdrawn
as to the child and no further moneys may be
expended for the child's benefits so long as
the failure or delinquency continues.
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(2)
Only a student in good standing in his or her
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respective institution
may receive the benefits under this Section.
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(3)
A child receiving benefits under this Section
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must be
enrolled according to the customary rules and
requirements of the institution attended.
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(Source: P.A. 92-651, eff. 7-11-02.)
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(820 ILCS 320/20)
Sec. 20. Home rule. An employer,
including a home rule unit, that employs a full-time law
enforcement, correctional or correctional probation officer,
or firefighter may not provide benefits to persons covered under
this Act in a manner inconsistent with the requirements of this
Act. This Act is a limitation under subsection (i) of Section
6 of Article VII of the Illinois Constitution on the concurrent
exercise of powers and functions exercised by the State.
(Source: P.A. 90-535, eff. 11-14-97.)
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(820 ILCS 320/95)
Sec. 95. (Amendatory provisions;
text omitted).
(Source: P.A. 90-535, eff. 11-14-97;
text omitted.)
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(820 ILCS 320/99)
Sec. 99. Effective date. This Act
takes effect upon becoming law.
(Source: P.A. 90-535, eff. 11-14-97.)
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