R-1013 - 03/25/2008 - LEGISLATION - Resolutions Supporting DocumentsITEM 1011.2 )
AGENDA ITEM
Regular Board of Trustees Meeting
of
March 25, 2008
SUBJECT: Public Safety Employee Benefits Act
FROM: Blaine Wing, Assistant Village Manager
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move for passage of Resolution R -1013, A Resolution in
Support of Legislation Relative to the Public Safety Employee Benefits Act
Background /History:
In 1997, the Illinois General Assembly enacted the Public Safety Employee Benefits Act
( PSEBA) to provide employer -paid health coverage to those firefighters or police officers
"catastrophically injured" on duty. In 2003, the Illinois Supreme Court decision said that any
public safety worker who obtained a line -of -duty disability pension was necessarily
"catastrophically injured." A line -of -duty disability pension can be obtained, even if the inured
worker is fully able to work in any other job except the firefighter or police position previously
held. Under the Illinois Pension Code, any firefighter or police officer can be granted a line -of-
duty pension (65% of salary) if a workplace injury caused the employee to be unable to perform
even one of the job duties of the position. The legislature did not provide any financial support
to fund these costs, the costs must be fully assumed by the Village and its taxpayers. While the
Village believes that the legislature did not intend to provide free family health coverage to
firefighters and police officers who have sustained only minor injuries and are able to obtain
other employment, there is information that this is occurring.
Recommendation:
I recommend the Village Board approve the attached Resolution to urge the legislature in
enacting amendments to the PSEBA for the reasonable application of the catastrophic injury
provisions.
RESOLUTION 2008 -GL -R -1013
A RESOLUTION IN SUPPORT OF LEGISLATION RELATIVE
TO THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT
WHEREAS, it has been the practice of the President and Board of Trustees and the Village
management of the Village of Oak Brook to maintain and support a strong, cooperative relationship with
the Village's workers, and
WHEREAS, without diminishing the contribution of others, the relationship with the Village's public
safety workers in the Fire and Police Departments has always been of critical importance, and
WHEREAS, these workers are often called on in extremely adverse conditions and with risks that
can be life threatening, and
WHEREAS, while we acknowledge these contributions and always endeavor to provide wages
and benefits that recognize these challenges and risks there are now circumstances beyond our control
that have brought forth a potential crisis that threatens the financial vitality of the Village and many other
cities and villages across the State of Illinois, and
WHEREAS, public employee collective bargaining has been in place in Illinois for more than two
decades and along with other benefits a comprehensive system exists to provide for the general health
and welfare of our public safety workers, and
WHEREAS, in 1997 the Illinois General Assembly enacted the Public Safety Employee Benefits
Act ( PSEBA) to provide employer -paid health coverage to those firefighters or police officers
"catastrophically injured" on duty
WHEREAS, in 2003 the Illinois Supreme Court decision said that any public safety worker who
obtained a line -of -duty disability pension was necessarily "catastrophically injured " A line -of -duty disability
pension can be obtained, even if the injured worker is fully able to work in any other job except the
firefighter or police position previously held Under the Illinois Pension Code, any firefighter or police
officer can be granted a line -of -duty pension (65% of salary) if a workplace injury caused the employee to
be unable to perform even one of the job duties of the position
WHEREAS, a Pension Board, consisting of a majority of firefighters or police officers, determines
whether the injured employee receives a line -of -duty disability pension This results in the injured
employee, as well as his /her spouse and dependents, receiving 100% employer -paid health coverage for
years, regardless of whether the employee is able to work elsewhere or is eligible for other health
insurance
WHEREAS, the legislature did not provide any financial support to fund these costs, the costs
must be fully assumed by the Village and its taxpayers While the Village believes that the legislature did
not intend to provide free family health coverage to firefighters and police officers who have sustained only
minor injuries and are able to obtain other employment, there is information that this is occurring
WHEREAS, a new survey by the Intergovernmental Risk Management Agency (IRMA), municipal
and county Councils of Governments (COGs) shows there are at least 100 PSEBA cases with a looming
fiscal liability in the tens of millions that represent just the tip of the fiscal iceberg for Illinois taxpayers, and
WHEREAS, while no responsible elected official or manager believes any benefits should be
withheld from those public safety workers who are incapacitated, there is growing sentiment that a sound,
negotiated, legislative compromise is needed to avoid fiscal strife and the possible cutback of other vitally
needed services and programs
Resolution 2008 -GL -R -1013
Resolution Supporting Compromise
in the PSEBA Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of
Oak Brook, DuPage and Cook Counties, Illinois, as follows
Section 1 That the President and Board of Trustees for the Village of Oak Brook hereby
express their collective support and endorse the legislative initiative to address this issue and urge the
swiftest possible negotiations and enactment
Section 2 That the President and Board of Trustees encourage elected officials, members
of management and labor groups to compromise and loin in this effort
Section 3 That a suitable copy of this Resolution be sent all members of the Illinois General
Assembly
Section 4 All resolutions or parts of resolutions in conflict with this resolution are hereby
repealed to the extent of the conflict
Section 5 This resolution shall be in full force and effect from and after its passage,
approval and publication as required by law
APPROVED THIS 25th day of March, 2008
PASSED THIS 25th day of March, 2008
Ayes
Nays
Absent
John W Craig
Village President
ATTEST
Charlotte K Pruss
Village Clerk