Illinois Compiled Statutes
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, a paramedic employed by a unit of local government, or an EMT, emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT) employed by a unit of local government.
For the purposes of this Act, the term "health insurance plan" is limited to the insurance plan options that are codified in the employee's collective bargaining agreement. If the collective bargaining agreement is silent on plan options, the available plans for the employee shall be negotiated with the authorized representative and subject to the grievance process.
(Source: P.A. 102-439, eff. 1-1-22.)
 
(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:
(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.
(Source: P.A. 92-651, eff. 7-11-02.)
 
(820 ILCS 320/17)
Sec. 17. Reporting forms.
(a) A person who qualified for benefits under subsections (a) and (b) of Section 10 of this Act (hereinafter referred to as "PSEBA recipient") shall be required to file a form with his or her employer as prescribed in this Section. The Commission on Government Forecasting and Accountability (COGFA) shall use the form created in this Act and prescribe the content of the report in cooperation with one statewide labor organization representing police, one statewide law enforcement organization, one statewide labor organization representing firefighters employed by at least 100 municipalities in this State that is affiliated with the Illinois State Federation of Labor, one statewide labor organization representing correctional officers and parole agents that is affiliated with the Illinois State Federation of Labor, one statewide organization representing municipalities, and one regional organization representing municipalities. COGFA may accept comment from any source, but shall not be required to solicit public comment. Within 60 days after the effective date of this amendatory Act of the 98th General Assembly, COGFA shall remit a copy of the form contained in this subsection to all employers subject to this Act and shall make a copy available on its website.
COGFA shall notify an employer of its obligation to notify any PSEBA recipient receiving benefits under this Act of that recipient's obligation to file a report under this Section. A PSEBA recipient receiving benefits under this Act must complete and return this form to the employer within 60 days of receipt of such form. Any PSEBA recipient who has been given notice as provided under this Section and who fails to timely file a report under this Section within 60 days after receipt of this form shall be notified by the employer that he or she has 30 days to submit the report or risk incurring the cost of his or her benefits provided under this Act. An employer may seek reimbursement for premium payments for a PSEBA recipient who fails to file this report with the employer 30 days after receiving this notice. The PSEBA recipient is responsible for reimbursing the employer for premiums paid during the period the report is due and not filed. Employers shall return this form to COGFA within 30 days after receiving the form from the PSEBA recipient.
Any information collected by the employer under this Section shall be exempt from the requirements of the Freedom of Information Act except for data collected in the aggregate that does not reveal any personal information concerning the PSEBA recipient.
By July 1 of every even-numbered year, beginning in 2016, employers subject to this Act must send the form contained in this subsection to all PSEBA recipients eligible for benefits under this Act. The PSEBA recipient must complete and return this form by September 1 of that year. Any PSEBA recipient who has been given notice as provided under this Section and who fails to timely file a completed form under this Section within 60 days after receipt of this form shall be notified by the employer that he or she has 30 days to submit the form or risk incurring the costs of his or her benefits provided under this Act. The PSEBA recipient is responsible for reimbursing the employer for premiums paid during the period the report is due and not filed. The employer shall resume premium payments upon receipt of the completed form. Employers shall return this form to COGFA within 30 days after receiving the form from the PSEBA recipient.
(b) An employer subject to this Act shall complete and file the form contained in this subsection.
An employer covered under this Act shall file copies of the PSEBA Recipient Reporting Form and the Employer Subject to the PSEBA Act Reporting Form with COGFA within 120 days after receipt of the Employer Subject to the PSEBA Act Reporting Form.
The first form filed with COGFA under this Section shall contain all information required by this Section. All forms filed by the employer thereafter shall set forth the required information for the 24-month period ending on June 30 preceding the deadline date for filing the report.
Whenever possible, communication between COGFA and employers as required by this Act shall be through electronic means.
(c) For the purpose of creating the report required under subsection (d), upon receipt of each PSEBA Benefit Recipient Form, or as soon as reasonably practicable, COGFA shall make a determination of whether the PSEBA benefit recipient or the PSEBA benefit recipient's spouse meets one of the following criteria:
If one or both of the criteria are met, COGFA shall make the following determinations of the associated costs and benefit levels of health insurance provided or offered to the PSEBA benefit recipient or the PSEBA benefit recipient's spouse:
COGFA shall summarize the related costs and benefit levels of health insurance provided or available to the PSEBA benefit recipient or the PSEBA benefit recipient's spouse and contrast the results to the cost and benefit levels of health insurance currently provided by the employer subject to this Act. This information shall be included in the report required in subsection (d).
(d) By June 1, 2014, and by January 1 of every odd-numbered year thereafter beginning in 2017, COGFA shall submit a report to the Governor and the General Assembly setting forth the information received under subsections (a) and (b). The report shall aggregate data in such a way as to not reveal the identity of any single beneficiary. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required under Section 3.1 of the General Assembly Organization Act, and the State Government Report Distribution Center for the General Assembly as required under paragraph (t) of Section 7 of the State Library Act. COGFA shall make this report available electronically on a publicly accessible website.

(Source: P.A. 99-239, eff. 8-3-15; 100-1148, eff. 12-10-18.)
 
(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.)

Structure Illinois Compiled Statutes