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2005 Illinois Code - Chapter 820 Employment 820 ILCS 320/      Public Safety Employee Benefits Act.

    (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.)

    (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.)

    (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.)

    (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
    
source shall reduce benefits payable under this Section.
        (2) It is unlawful for a person to willfully and
    
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.
        (3) Upon conviction for a violation described in
    
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.
    (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.)

    (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
    
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.
        (2) Only a student in good standing in his or her
    
respective institution may receive the benefits under this Section.
        (3) A child receiving benefits under this Section
    
must be enrolled according to the customary rules and requirements of the institution attended.
(Source: P.A. 92‑651, eff. 7‑11‑02.)

    (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.)

    (820 ILCS 320/95)
    Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 90‑535, eff. 11‑14‑97; text omitted.)

    (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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