Loading...
HomeMy WebLinkAboutG47-17 Tabled 1 TA_B_LED I1-08 2017 Ordinance No. 647-17 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE; 1976, AS AMENDED, BY PROVIDING FOR A NEW CHAPTER 2.88 THERETO ENTITLED "PUBLIC SAFETY EMPLOYEE BENEFITS ACT ADMINISTRATION" WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution: and WHEREAS, the City of Elgin as a home rule unit may exercise any power and perform any function pertaining to is government and affairs; and WHEREAS, it is in the best interests of the City of Elgin to create an administrative procedure to determine eligibility for benefits for city employees under the Public Safety Employee Benefits Act (820 ILCS 320/1, et seq.); and WHEREAS,providing for administrative procedures to determine eligibility for benefits for city employees under the Public Safety Employee Benefits Act pertains to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 2 of the Elgin Municipal Code, 1976, as amended, entitled "Administration and Personnel" be and is hereby further amended by adding a new Chapter 2.88 thereto entitled "Public Safety Employee Benefits Act Administration" to read as follows: "CHAPTER 2.88 PUBLIC SAFETY EMPLOYEE BENEFITS ACT ADMINISTRATION 2.88.010: PURPOSE: A. The purpose of this chapter is to provide a fair and efficient method of determining the eligibility of a full-time City of Elgin police officer or firefighter to the benefits.enumerated under the Public Safety Employee Benefits Act (820 ILCS 320/1, et seq.) ("PSEBA") through an administrative process, including if necessary, an administrative hearing. All benefits provided to employees pursuant to PSEBA shall be consistent with the PSEBA. B. The administrative procedure established herein recognizes the City's obligations under PSEBA to provide health insurance benefits to its full-time public safety employees,including full-time police officers and firefighters as provided under PSEBA, who qualify for, and are determined to be eligible to receive, certain health insurance benefits from the City: This administrative procedure is not a contract that bestows a benefit or entitlement on any particular individual, and may be modified by the City at any time without notice. C. Any full-time city police officer or firefighter who after the effective date of the PSEBA suffers a catastrophic injury oris killed in the line of duty may apply for health insurance benefits under PSEBA as set forth in this Chapter.The same benefits may be extended to the spouse and eligible dependent children of the catastrophically injured or deceased public safety employee, provided the conditions as established by PSEBA are met. 2.88.020: APPLICATION PROCEDURE: A. Application Required. To seek benefits under PSEBA, a public safety employee,or in the event of the death or incapacity of the public safety employee, a family member of the injured or deceased public safety employee, must file with-the City's human resources director a fully completed PSEBA application, in writing,within thirty(30)calendar days of the granting of a line of duty disability pension, or within thirty (30) calendar days of the date of the adoption of this ordinance in the event that the employee has filed a pension claim prior to the date of the adoption of this ordinance,whichever is later. The application must include the name of employee,date of hire, detailed information regarding the incident, (including date,time,place, nature of injury, any other factual circumstances surrounding said incident giving rise to said claim),witnesses to the incident, witnesses the applicant intends to call at the PSEBA hearing, information and supporting documentation filed with the pension board by the applicant or identified as exhibits by the pension board and any pension board determination or ruling,documents/information supporting the PSEBA eligibility requirements. Failure to timely file the fully completed application along with submittal of other required information shall result in a forfeiture of the benefits under PSEBA. Upon request, the human resources director,or his/her designee,shall furnish a Public Safety Employee Benefit Act application to the applicant. B. Sworn Statement Required. The PSEBA application shall include a sworn and notarized statement explaining how the disabling injury or death directly resulted from: 1. A police officer's response to fresh pursuit; 2. A police officer's or firefighter's response to what is reasonably believed to be an emergency; 3. An unlawful act perpetrated by another; or 4. A police officer's or firefighter's participation during the investigation of a criminal act. C. Medical Release Required. A signed PSEBA medical release authorizing the collection of medical information related to the incident including, but not limited to,the disability pension proceedings, workers' compensation records and medical records, must be submitted with the PSEBA application. The PSEBA medical information release must specify the name, address, email and phone information for pertinent health care provider(s) and hospital(s), along with - 2 - employee's signature and a witness signature. A review of the PSEBA application will not occur until the PSEBA medical authorization release is submitted. D. General Information Release Required. A signed PSEBA general information release authorizing the collection of general information related to the underlying incident,including,but not limited to disability pension proceedings, workers' compensation records and related medical records, must be submitted with the application. The PSEBA general information release must specify the name and signature of employee or applicant. A review of the PSEBA application will not occur until the PSEBA general information release is submitted. E. Other Information. The City's human resources director may require other information necessary to make a determination as to whether or not an administrative hearing is required,including but not limited to information regarding health insurance benefits the employee is currently receiving or is eligible to receive; or any other health insurance benefits to which the employee or-the employee's family members are otherwise entitled. The applicant shall have an ongoing obligation to update information provided. Failure to do so may result in the denial or termination of benefits. 288.030: APPLICATION REVIEW AND NOTIFICATION: A. Upon receipt of a fully completed application for PSEBA benefits timely filed, the human resources director shall review the application and supporting documents to make an initial determination regarding the application for benefits. That determination may be: 1. A determination to grant benefits based upon the preliminary record. 2. A determination to deny benefits. 3. The making of such other finding as is consistent with the evidence or by agreement of the applicant and the City. B. If the human resources director grants the benefit based on the preliminary record,the applicant will be notified and required to make further contact with the human resources director within thirty (30) calendar days for benefit explanation and processing. C. If the human resources director denies the benefit based on the preliminary record,the applicant will receive written notice of such denial and the applicant shall have the right to request an administrative hearing which.must be served in writing to the human resources director not later than thirty (30) calendar days after being served with written notice of the denial. Upon receipt of a timely notice from the applicant, the human resources director shall request that the hearing officer schedule an administrative hearing and serve the applicant with notice of the administrative hearing along with a date for the scheduled administrative hearing. - 3 - D. Failure to request an administrative hearing within thirty (30) calendar days after being served with written notice of the denial of PSEBA benefits by the human resources director shall result in the forfeiture of benefits under the PSEBA. E. If the applicant or City, upon receiving written notice of the administrative hearing date,cannot attend said date as indicated in the notice of administrative hearing,the applicant or the City, as the case may be, must contact the hearing officer within fourteen (14) calendar days after being served with notice of the administrative hearing, communicating alternative hearing date(s), which are within close proximity of the original hearing date indicated by the hearing officer. Continuances will be granted for good cause only. Failure to appear and/or cooperate in the hearing process may result in denial of benefits. 2.88.040: ADMINISTRATIVE HEARING/HEARING OFFICER: A. Power of the Hearing Officer. The hearing officer shall have all of the powers granted to him or her pursuant to law relative to the conduct of an administrative hearing,including the power to: 1. Preside over all City hearings pursuant to the PSEBA; 2. Administer oaths; 3. Hear testimony and accept evidence that is relevant to the issue of eligibility benefits under the PSEBA; 4. Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties or their representatives; 5. Rule upon the admissibility of evidence; 6. Preserve and authenticate the record of the hearing and all exhibits introduced into evidence at the hearing; 7. Set the time for the filing of post-hearing written briefs; 8. Issue a determination based on the evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of fact, decision and order. B. Appointment of Hearing Officer. The city manager is hereby authorized to appoint a person to hold the position of a hearing officer for any hearing that shall be scheduled by the City. In making said selection, the city manager shall consider all pertinent information including, at a - 4 - minimum: 1. The candidate's ability to competently perform the services; 2. The candidate's background and performance data made available to the city manager or otherwise obtained by the City; and 3. The candidate must be a licensed attorney to practice law in the State of Illinois for at least three (3) years prior to appointment and have knowledge of and experience in relevant areas including general civil procedure, the rules of evidence and administrative practice. 2.88.050: ADMINISTRATIVE HEARING: An administrative hearing shall be held to adjudicate and determine whether the applicant is eligible for benefits under PSEBA. If the applicant is found eligible,the benefits shall be consistent with the Act. A. Time and Date. Hearings shall be held on the date, time and place as established by the City with appropriate notice served upon the applicant. B. Record. The applicant, at applicant's expense, shall ensure that all hearings shall be attended by a certified court reporter and a transcript of all proceedings shall be made by said certified court reporter and a copy be provided to the City at applicant's expense within fourteen(14) days of the date of the PSEBA hearing. C. Procedures. The City and the applicant shall be entitled to representation by counsel at said hearing and may present witnesses, may present testimony and documents, may cross- examine opposing witnesses, may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents and may file post-hearing written briefs, Each party shall bear the costs of its own counsel and witnesses. D. Evidence. The rules of evidence as set forth in the Illinois Code of Evidence shall apply. E. Final Determination. The determination by the hearing officer of whether the applicant is eligible for the benefits under the Public Safety Employee Benefits Act(820 ILCS 320/1 et seq.) shall constitute a final administrative determination for the purpose of judicial review. Technical errors in the proceedings at the administrative hearing or the failure to observe the technical rules of evidence shall not constitute grounds for the reversal of the administrative determination of the hearing officer unless it appears to a reviewing court that such error or failure materially affected the rights of any party and resulted in substantial injustice to him or her. - 5 - F. Burden of Proof. At any administrative hearing, the applicant shall have the obligation and burden of proof to establish by a preponderance of the evidence that the applicant is qualified to receive the benefits. G. Administrative Records. All records pertaining to the administrative process will be held in a separate file in the employee's name maintained by the City. 2.88.060 HEALTH INSURANCE BENEFITS: A. If the human resources director or hearing officer awards PSEBA benefits,the City's basic level insurance plan, as designated by the City in the event the City offers more than one insurance plan will be the plan offered. The City's basic level insurance plan may change from time to time. If the applicant chooses to enroll in a plan available in the City other than the designated basic level insurance plan, then the applicant must pay any difference in insurance premiums between the City's basic plan and that of another plan on a monthly basis, due by the 15th of each month in which coverage is effective. Failure to pay said premiums by the 15th of the month in which coverage is effective, may result in cancellation of the health insurance plan. B. Individuals receiving benefits under PSEBA will only be able to change from one plan to another during the City's open enrollment period. 2.88.070: OTHER HEALTH INSURANCE BENEFITS: A. Health insurance benefits payable from any other source will reduce the benefits payable from the City. Each applicant will be required to sign an affidavit attesting to the fact that he/she is not eligible for insurance benefits from any other source. B. It is the responsibility of the benefit recipient to notify the City within thirty(30)days of any changes to other sources of health insurance benefits. Receipt of benefits in violation of this provision will require reimbursement to the City of any benefits received. The City reserves the right on an annual basis to have the benefit recipient provide another affidavit affirming whether other health insurance is available or payable to the applicant, his/her spouse and/or his/her qualifying dependent children. C. The benefit recipient shall be required to notify the City when the benefit recipient becomes Medicare eligible so the City can assist with the transition to Medicare coverage and/or adjust health insurance benefits accordingly. 2.88.080: SEVERABILITY: If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared to be the legislative intent of the City Council that this chapter - 6 - z would have been adopted had such invalid or unconstitutional section, subsection, sentence,clause or phrase not been included." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 8, 2017 Passed: TABLED Vote: Yeas: 8 Nays: 1 Recorded: TABLED Published: TABLED Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk - 7 -