Bill Text: IL HB2260 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Public Employee Disability Act. Provides that if an employee subject to the Act is medically released as capable of performing light duties, that employee may be reassigned light duties and return to work.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-10 - Tabled By Sponsor Rep. William B. Black [HB2260 Detail]

Download: Illinois-2009-HB2260-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2260 Introduced 2/18/2009, by Rep. William B. Black SYNOPSIS AS INTRODUCED:
5 ILCS 345/1 from Ch. 70, par. 91
Amends the Public Employee Disability Act. Provides that if an employee subject to the Act is medically released as capable of performing light duties, that employee may be reassigned light duties and return to work.
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A BILL FOR
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AN ACT concerning 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 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

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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. 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) If an eligible employee covered by subsection (b) is
medically released as capable of performing light duties, that
employee may be reassigned light duties and return to
employment. The employee's pre-injury duties shall be restored
when that employee is medically released as capable of
performing those pre-injury duties or when this Act no longer
applies, whichever occurs earlier.
(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.

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(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 disabled person
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, permanently disabled 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.

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(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.
(Source: P.A. 88-45; 89-507, eff. 7-1-97.)