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HomeMy WebLinkAboutO-25-18VILLAGE OF DEERFIELD ORDINANCE NO. 2025- 0-25-18 AN ORDINANCE AMENDING CHAPTER 2 OF THE VILLAGE CODE TO ESTABLISH AN ADMINISTRATIVE PROCESS FOR DETERMINING ELIGIBILITY OF QUALIFIED APPLICANTS FOR BENEFITS UNDER THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code's includes various provisions relating to the authority of the Village Manager and the employment of Village employees; and WHEREAS, the Village, pursuant to its municipal powers under the Illinois Municipal Code, including 65 ILCS 5/10-4-1 relating to its general corporate powers respecting employment, has authority to adopt ordinances and to promulgate rules and regulations consistent with state law on matters of group health insurance and other related benefits in relation to all municipal officers and employees; and WHEREAS, the Public Safety Employee Benefits Act (820 ILCS 320/1 et. seq.) ("PSEBA'), provides for the payment of certain benefits to an eligible public safety employee, including any full time law enforcement, correction or correctional probation officer, firefighter or licensed emergency medical technician, who suffers a catastrophic injury or is killed in the line of duty; and WHEREAS, the Village staff recommends amending Chapter 2 of the Village Code to establish a process for the consideration of applications for benefits to eligible employers or their eligible spouses or dependent children pursuant to PSEBA; WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to amend Chapter 2 of the Village Code to establish a process for the consideration of applications for benefits to eligible employers or their eligible spouses or dependent children pursuant to PSEBA; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the Village Board. SECTION TWO: AMENDMENT TO SECTION 2-66 OF THE VILLAGE CODE. Section 2-66, titled "Powers and Duties of Village Manager," of Title 2, titled "Administration," is hereby amended and will read as follows: "Sec. 2-66. Powers and duties of Village Manager. aa9z-A7�7-nnFn x, 1 (a) The Village Manager shall be the chief administrative officer of the Village. He shall be responsible to the President and Board for the proper administration of the affairs of the Village. To that end, he shall have power and shall be required to: (15) Establish and administer policies and procedures for purposes of determining whether an employee or former employee is eligible to receive benefits pursuant to the Public_ Safety Emnlovee Benefits Act (820 ILCS 320/1 et. ea.) ("PSEBX)." SECTION THREE: AMENDMENT TO ARTICLE 9 OF TITLE 2 OF THE VILLAGE CODE. Article 9, titled "Police Department," of Title 2, titled "Administration," is hereby amended to add a new Section 2-115.5, which will read as follows: "Sec. 2-115.5. PSEBA Policy and Procedures. (a) Purpose. The purpose of this section is to provide a fair and efficient method of determining the eligibility of an applicant for health insurance benefits pursuant to the Public Safety Emnlovee Benefits Act (820 ILCS 320/1 et. sea.) ("PSEBA'), Thi Section is consistent with the obligations of the Village under state law to provide health insurance benefits to certain public safety employees who qualify for, and are determined by the Village to be eligible to receive, continued health insurance overage under the Village's basic group health insurance plan pursuant to PSEBA. (b) Application Process and Initial Review. All applications for benefits pursuant to PSEBA must be submitted and will be considered accordina to the following process: (1) Application Form. Any person seeking PSEBA benefits from the Village ("Applicant') must complete and submit to the Village the standard application form prepared by he Village, and all supporting documentation require by the application. The PSEBA application must be completed, sworn, and notarized as to the content of the application. (2) Time Period for Submission of Application. The completed application for PSEBA benefits must be submitted either by hand delivery or certified mail to the attention of the Village Manager, Village of Deerfield, 850 Waukegan Road, Deerfield, Illinois, 60015, not later than one year after the date on which the event took place for 2 da9!1�7:17-00AO " 1 which the Applicant claims to qualify for PSEBA benefits: provided, however, the time to submit an application for an Applicant who has timely filed an application for pension benefits with the Village's Police Pension Fund Board will be the date that is 30 days after the date of any final ruling by the applicable pension board concerning any duty -related disability,. (3) Processing of Application. Upon receipt of a time] complete, and executed application form, the Village Manager or their designee shall promptly review the materials and other relevant information necessary or propr. to to analyze whether the Applicant is eligible for PSEBA benefits. If the Village determines that additional fact-finding is necessary or appropriate. the Applicant will respond to a written request by the Village for additional information not later than 30 days after receipt of the Village's request. If the Applicant does not respond to or cooperate with the Village's written request for additional information, the Village will send a reminder notice to the Applicant explaining the duty of full cooperation in the fact-finding process. If the Applicant does not provide the requested information or otherwise cooperate with the Village within 21 days after receipt of such additional notice, then the Village m deem the application for PSEBA benefits to be withdrawn and waived. (4) Initial Determination of Eligibility by Village Manager. The Village Manager or their designee will review the facts contained in the completed application, supporting materials, and any other information gathered through any additional fact-finding. If the Village Manager or their designee determines based on this review that the Applicant is eligible for PSEBA benefits, the Village Manager or their designee will grant the Applicant's request for benefits and coordinate the provision of benefits to the Applicant consistent with PSEBA!s requirements and Section 2-115.5(d) of this Code. If the Village Manager or their designee determines that the Applicant is not aualified for PSEBA benefits, the application will be considered by the Village's Hearing Officer at an administrative hearing pursuant to Section 2-115.5(c) of this Code. aa9�_A717_nnF;n 1 (c) Administrative Hearing Process: Determination of Hearing Officer. (1) Administrative Hearing. If the Village Manager does not determine that the Applicant ice_ li il?le for PSEBA benefits, an administrative hearing shall be held pursuant to this section to determine whether the Applicant is eligible for benefits under PSEBA. (2) Hearing Officer Appointment. The Village President with the consent of the Board of Trustees shall appoint a person to hold the position of administrative hearing officer ("Hearing Officer') for the purpose of considering replications for PSEBA benefits. In appointing the Hearing Officer, the Village President shall consider the following information, at a minimum: A. The candidate's ability to compjy with the roles a nd duties of the administrative hearing officer: B. Experience concerning adjudication o administrative hearings, including experience determining eligibility for PSEBA or similar benefits: C. Background and references; D. The candidate must be an attorneN licensed o practice law in the State of Illinois for at least three (3) years and have knowledge and experience in municipal law, employment and labor law including PSEBA), general civil procedure, the rules of evidence and administrative practice. (3) Powers of the Hearing Officer. The Hearing Officer shall have all of the powers granted _under ommon law relative to the conduct of an administrative hearing and otherwise established by the PSEBA policies and procedures established from time to time by the Village Manager or their designee, including the power to: A. Preside over all Village hearings involving PSEBA- B. Administer oaths; C. Hear testimony and accept evidence that is relevant to the issue of eligibility under PSEBA: aa9'I_A717_nnFn 1 D. Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents at the request of one or both parties or their representatives: E. Rule upon objections in the admissibility of F. Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; G. Issue a determination based on evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of fact, decision and order. (4) Administrative Hearing Procedures. The Hearing Officer will conduct an administrative hearing concerning an application for PSEBA benefits pursuant to the following process and related policies and procedures established from time to time by the Village Manager or their designee• A. Time and date. Hearings shall be held on the date time and place as established by the Village pursuant to notice as described in this subsection 2-115.5(c)(4). B. Notice of hearing. Notice of the scheduled hearing shall be sent by first class mail and certified mail to the Applicant and the Applicant's representative at the last known address as set forth in the application for PSEBA benefits at least thirty (30) days prior to the date set for the hearing. C. Presentation of Evidence. Representatio Counsel. The Village and the Applicant shall be entitled to representation by counsel at the hearing and may present witnesses, may present testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant aa9'l.d7'A7_00An „ 1 witnesses or the production of relevant documents. D. Rules of Evidence Shall Not Strictly Apply. The formal and technical rules of evidence shall strictly apply in an administrative hearing conducted pursuant to this section. E. Decision. After considering the evidence presented the Hearing Officer will enter a written decision ranting or denying the application for PSEBA benefits. The decision by the Hearing Officer of Nether the Applicant is eligible for the benefits under PSEBA shall constitute a final determination for the turypse of judicial review pursuant to the Illinois Administrative Review La w and the common law writ of certiorari. (d) Award of Benefits. (1) Benefits Limited to Village PSEBA Plan. If an Applicant is determined to be eligible for PSEBA benefits, the Applicant will be eligible to receive continued health coverage consistent with PSEBA under the Village PSEBA Plan. PSEBA benefits do not include supplemental or additional benefits not provided in the Village's PSEBA Plan (e.g., dental, vision, life insurance. or similar benefits.). (2) Reduction or elimination of PSEBA benefits by other health coverage. If an applicant becomes eligible to receive health insurance benefits from any other source. including but not limited to Medicare, the Applicant's PSEBA coyerra:ge may be reduced or eliminated as determined by the Village consistent with PSEBA. (3) Affidavit of continued PSEBA benefits eligibility. All applicants awarded PSEBA benefits by the Village shall complete and return to the Village Manager on an annual basis an affidavit verifying the applicant's continued eligibility for PSEBA benefits. The affidavit must be com.pleted_and returned-to--theVillage Manager or their designee within 30 days of the date set forth in the affidavit." aa9'l-A7q7_nnFn i SECTION FOUR: SEVERABILITY. If any paragraph section, clause, or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and effect after its passage and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] 7 aaWA-4717_nnFn „ 1 AYES: Benton, Berg, Goldstone, Greenberg, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: None PASSED: July 7, 2025 APPROVED: July 21, 2025 ORDINANCE NO. 0-25-18 z Daniel C. Shapiro, Mayor ATTEST: 55 Kent S. Sitreet, Village C1 .rk aa91-d717_n An " 1