by Karl R. Ottosen and Hayley Loufek In International Association of Firefighters v. City of Peoria, 2022 IL 127040, the Illinois Supreme Court recently held that a Village’s home rule ordinance cannot supersede its prior interpretations of the Public Safety Employee Benefits Act (“PSEBA”) (820 ILCS 320/1 et seq.). PSEBA requires public employers to pay the entire premium of its …

by Joshua B. Rosenzweig On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) concerning COVID-19 vaccination and testing. The ETS, more commonly known as OSHA’s “vaccination mandate,” prescribed vaccination, masking, and COVID-19 testing requirements for certain employers. After significant litigation, the United States Supreme Court stayed enforcement of the rule, telegraphing it …

by John E. Motylinski When the General Assembly passed Public Act 101-610 in 2019, it commanded all downstate fire and police pension funds to consolidate their investment assets no later than July 1, 2022. So far, the Illinois Firefighters’ Pension Investment Fund (“FPIF”) has completed five tranches of asset transfer. In late December 2021, the Illinois Police Officers’ Pension Investment …

by Maureen A. Lemon On October 21, 2021, the Illinois Supreme Court dealt the final blow to a lawsuit filed by Illinois school districts seeking adequate State funding in Cahokia Unit School District No. 187 et al., v. Pritzker et al., 2021 IL 126212. The lawsuit was first filed in 2017 by 22 school districts against then-Governor Rauner and the …

by W. Anthony Andrews When a plaintiff files a lawsuit alleging they have been injured, it is common for defendants to subpoena the relevant medical records. Most health care facilities will not provide a plaintiff’s records unless the judge has entered a Qualified Protective Order (“QPO”) that assures compliance with the Health Insurance Portability and Accountability Act (“HIPAA”). Recently, the …

by Michael Castaldo III The Health Care Right of Conscience Act (“HCRCA”) was enacted to enable certain professionals to refuse to receive or participate in healthcare practices that are contrary to their personal or religious beliefs. (745 ILCS 70/1 et seq.) The Act recognizes that people and organizations hold different beliefs about whether particular healthcare services are morally acceptable and …

by Meganne Trela Recently, aid from the federal American Rescue Plan Act was made available to certain Illinois cities, towns, and villages classified as “Non-Entitlement Units of Local Government” (“NEUs”). The Act, better known as the second COVID-19 stimulus package, became effective in March 2021. One of its marquee components was to provide monetary aid to some local governments across …

by Joseph Miller III and Hayley Loufek On August 6, 2021, Governor Pritzker signed into law the PFAS Reduction Act (Public Act 102-0290, formerly Senate Bill 561). The Act puts some restrictions on the use of Class B firefighting foam containing intentionally added “PFAS” (perfluoroalkyl or polyfluoroalkyl substances) for training and testing purposes. PFAS are a group of man-made chemicals …

by Carolyn Welch Clifford The consolidation of downstate police and fire pension fund investment assets continues in earnest. Recently, the Firefighter Pension Investment Fund of Illinois (“FPIF”) started the first wave of transfers from firefighters’ pension funds on October 1, 2021, despite pending litigation. Meanwhile, the Illinois Police Officer Pension Investment Fund (“IPOPIF”) continued to hire professional consultants and advisors …

by Maureen A. Lemon Ten years ago, Illinois was the first state to pass Erin’s Law. See 105 ILCS 5/10-23.13. The law is named after Erin Merryn, a child sexual abuse survivor, activist, and author whose life mission is to combat child sexual abuse. Erin grew up in the suburbs of Chicago, where her school taught about “Stranger Danger.” Yet, …