[Ord. 2017-52, 11-6-2017]
The purpose of this chapter is to provide a fair and efficient
method of determining the eligibility of an employee for the benefits
enumerated under the Public Safety Employee Benefits Act, 820 Illinois
Compiled Statutes 320/1 et seq., ("PSEBA"), through an administrative
process including, if necessary, an administrative hearing. All benefits
provided under this chapter will be consistent with PSEBA.
[Ord. 2017-52, 11-6-2017]
(a) Application for PSEBA Benefits. The Village shall maintain a PSEBA
benefit application form which shall be the standard form required
for a PSEBA benefit applicant (hereinafter the "applicant") to request
benefits under PSEBA. The form shall be completed pursuant to the
instructions on the application and delivered to the Village Manager
for review and consideration. The applicant shall provide, along with
the application and the required information therein, any medical
records regarding the injury, any decisions by a governing Public
Safety Pension Board and supporting documentation related to such
Pension Board decisions, and any additional pertinent documentation
that the applicant wants to have considered or that is requested by
the Village.
The PSEBA benefit application form must be signed, sworn and
notarized to certify the truthfulness of the content of the information
contained in the completed application. The application shall also
include a PSEBA medical authorization release and a PSEBA general
information release, executed and notarized by the applicant. Both
the PSEBA medical release and the PSEBA general information release
authorize the collection of information related to the incident that
qualifies the applicant for benefits under PSEBA, including, but not
limited to, the disability pension proceedings, workers' compensation
records and medical records. The Village Manager's review of
the PSEBA benefit application will not occur until the application
is complete including the completion of the PSEBA medical authorization
release and a PSEBA general information release.
Applicant must file a complete and executed PSEBA benefit application
no later than 30 days from the date of the governing Safety Pension
Board's granting of a line-of-duty disability pension or within
30 days of the date of the adoption of this chapter, whichever is
later. Failure to timely file a full and complete application will
result in the forfeiture of benefits under PSEBA.
(b) Application Review Process.
(1) When the Village Manager receives a complete and executed PSEBA benefit
application, the Village Manager shall review the application and
engage in such additional fact-finding and/or investigation as may
be deemed necessary or appropriate to evaluate the application, including,
but not limited to the review of Public Safety Pension Board hearing
transcripts and decisions, workers' compensation documentation
and independent medical examinations.
(2) If additional fact-finding and/or investigation set forth above is
determined to be necessary by the Village Manager, the applicant shall
fully cooperate. If the applicant refuses or otherwise fails to fully
cooperate, then a written notice shall be sent to the applicant reiterating
the duty of full cooperation in the fact-finding and/or investigation
process. If the applicant fails to cooperate as requested within 21
calendar days after service of such notice, then the application for
PSEBA benefits shall be deemed withdrawn.
(3) The Village Manager shall make an initial determination in writing,
with a copy to the applicant, within 45 calendar days after the later
of the following:
(A)
The submission of all documentation relevant to the PSEBA benefit
application; or
(B)
The completion of such additional fact-finding or investigation
as deemed necessary or appropriate by the Village Manager (as stated
in Subsections (b)(1) and (b)(2) of this section).
The Village Manager's initial determination shall include
the reasons for the recommendation and shall state that:
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(A)
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The applicant is eligible for benefits under PSEBA; or
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(B)
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The applicant is ineligible for benefits under PSEBA; or
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(C)
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A hearing as set forth in Section 2D-3 of this chapter should be convened in order to determine whether or not the applicant is eligible for benefits under PSEBA.
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(4) If the Village Manager's initial determination denies benefits under PSEBA, the applicant shall have the right to request a hearing as set forth in Section
2D-3 of this chapter, by submitting a written request for such hearing to the Village Manager within 30 calendar days from the date of the Village Manager's initial determination.
[Ord. 2017-52, 11-6-2017]
If the Village Manager makes the determination that a hearing
should be convened or the applicant requests a hearing, the Village
Manager shall convene a hearing which shall be overseen by a Hearing
Officer, appointed by the Village Manager as set forth in Subsection
(b) of this section, whose power and authority and limitations are
as follows:
(a) Power of the Hearing Officer. The Hearing Officer shall have all
of the powers granted to him or her under common law relative to the
conduct of an administrative hearing including the power to:
(1) Preside over the administrative hearing;
(3) Hear testimony and accept evidence that is relevant to the issue
of eligibility under 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 objections presented at the administrative hearing;
(6) Preserve and authenticate the record of the hearing and all exhibits
in evidence introduced at the hearing; and
(7) 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 facts, decision and order.
(b) Hearing Officer. The Village Manager is authorized to appoint a Hearing
Officer for each administrative hearing held under this chapter. A
Hearing Officer must be an attorney who has been licensed to practice
law in Illinois for at least three years. In making the appointment,
the Village Manager must consider the candidate's ability to
perform the requirements of a Hearing Officer and his or her knowledge
and experience in administrative practice, the rules of evidence,
civil procedure, and laws concerning PSEBA and other benefits for
public-safety employees.
(c) Administrative Hearing. An administrative hearing shall be held,
under the guidelines set forth below, 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
PSEBA.
(1) Time and Date. The Village shall notify the applicant of the administrative
hearing pursuant to a written notice served upon the applicant via
U.S. mail, at least 10 calendar days prior to the scheduled hearing.
Such notice will indicate the date, time and place that the hearing
will be held, as established by the Village, along with the name and
contact information of the Hearing Officer who will preside at the
hearing. If the applicant cannot attend said hearing on the date or
time as indicated in the notice, the applicant must contact the Hearing
Officer within seven business days of service of the notice to coordinate
an alternative hearing date. Failure to coordinate an alternative
date or appear at the scheduled hearing may result in the denial of
PSEBA benefits.
(2) Record. All hearings shall be attended by a certified Court Reporter
who shall make a transcript of all proceedings.
(3) Procedures. The Village, by the Village Manager or his or her designee,
and the applicant shall be parties to the administrative proceedings
and each shall be entitled to representation by counsel at the administrative
hearing. Each party 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 witnesses
or the production of relevant documents.
(4) Evidence. The rules of evidence as set forth in the Illinois Code
of Evidence shall apply to the extent practicable unless, by such
application, the Hearing Officer determines that application of the
rule would be an injustice or preclude the introduction of evidence
of the type commonly relied upon by a reasonably prudent person in
the conduct of her or his affairs. Such determination shall be in
the sole discretion of the Hearing Officer.
(5) Determination. Within 90 days from the conclusion of the administrative
hearing, the Hearing Officer shall issue a determination of whether
the petitioning applicant is eligible for benefits under PSEBA. This
determination shall be in writing, with a copy to the applicant and
the Village Manager, and shall include a written finding of facts,
decision and order. The determination by the Hearing Officer shall
constitute a final administrative determination for the purpose of
judicial review under the common law writ of certiorari.
(6) Acknowledgment of Determination. The Hearing Officer's determination
shall be presented to the Village President and Board of Trustees
at the next regularly scheduled Village Board meeting, subject to
the notice provisions of the Open Meetings Act. At that meeting, the
Village President and Board of Trustees shall:
(A)
Accept the Hearing Officer's determination, by resolution;
or
(B)
Decide, by motion, to timely appeal the Hearing Officer's
determination to the appropriate Circuit Court for judicial review
regarding whether or not the applicant is eligible for benefits under
PSEBA. Once the court (either the Circuit Court or any subsequent
Appellate Court if the matter is appealed further by either party)
makes a final decision regarding whether or not the applicant is eligible
for benefits under PSEBA, the Village Board shall, by resolution,
acknowledge and accept the court's final decision.
(7) Burden of Proof. The applicant shall have the obligation and burden
of proof to establish that the applicant is qualified to receive PSEBA
benefits. The standard of proof in all hearings conducted under this
chapter shall be by the preponderance of the evidence.
(8) Administrative Records. All records pertaining to the administrative
process will be held within the Office of the Village Clerk, in a
file in the public safety employee's name, separate from the
employee's personnel file.