Repository: UIHistories Project: Board of Trustees Minutes - 1936 [PAGE 381]

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UNIVERSITY OF ILLINOIS

379

* A N A C T TO A M E N D SECTION 5 OF T H E W O R K M E N ' S COMPENSATION ACT, APPROVED J U N E 28, 1913, AS AMENDED

Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 1. Section S of the Workmen's Compensation Act, approved June 28, 1913, as amended, is amended to read as follows: Sec. 5. T h e term "employee" as used in this Act, shall be construed to mean: First—Every person in the service of the State, including all persons in the service of the University of Illinois on or after January 25, 1933 except members of the instructional, research, and administrative staffs thereof when not, al the time of the injury, actually engaged in an occupation declared to be extra-hazardous in Section Three (3) of this Act, county, city, town, township, incorporated village or school district, body politic, or municipal corporation therein, under appointment or contract of hire, express or implied, oral or written, except any totally blind person, any official of the State or of any county, city, town, township, incorporated village, school district, body politic or municipal corporation therein and except any duly appointed member of the fire department in any city whose population exceeds two hundred thousand according to the last Federal or State census, and except any member of a fire insurance patrol maintained by a board of underwriters in this State: Provided, that any such employee, his personal representative, widow, children, beneficiaries or heirs, who is, are or shall be entitled to receive a pension or benefit for or on account of disability or death arising out of or in the course of his employment from a pension or benefit fund to which the State or any county, town, township, incorporated village, school district, body politic, underwriters' fire patrol or municipal corporation therein is a contributor, in whole or in part, shall be entitled to receive only such part of such pension or benefit as is in excess of the amount of compensation recovered and received by such employee, his personal representative, widow, children, beneficiaries or heirs under this Act. And, provided, further, that one employed by a contractor who has contracted with the State, or a county, city, town, township, incorporated village, school district, body politic or municipal corporation therein, through its representatives, shall not be considered as an employee of the State, county, city, town, township, incorporated village, school district, body politic or municipal corporation which made the contract. Second—Every person in the service of another under any contract of hire, express or implied, oral or written, including persons whose employment is outside of the State of Illinois where the contract of hire is made within the State of Illinois, and including aliens, and minors who, for the purpose of this Act shall be considered the same and have the same power to contract, receive payments and give quittances therefor, as adult employees, but not including any totally blind person or any person who is not engaged in the usual course of the trade, business, profession or occupation of his employer: Provided, however, that any employer may elect to provide and pay compensation to any employee other than those engaged in the usual course of the trade, business, profession or occupation of the said employer by complying with section 1 of this Act: Provided, further, that employees shall not be included within the provisions of this Act when excluded by the laws of the United States relating to liability of employers to their employees for personal injuries where such laws are held to be exclusive. Approved July 6th, 1935

HENRY HORNER THOMAS F. DONOVAN

Governor Speaker,

President

JOHN P.

of

the

Senate

DEVINE

House

of

Representatives

This report was received for record.

'Originated in the Senate—A. E. EDKH, Secretary of the Senate.