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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | |||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (820 ILCS 305/7) (from Ch. 48, par. 138.7)
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7 | Sec. 7. The amount of compensation which shall be paid for | |||||||||||||||||||
8 | an
accidental injury to the employee resulting in death is:
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9 | (a) If the employee leaves surviving a widow, widower, | |||||||||||||||||||
10 | child or
children, the applicable weekly compensation rate | |||||||||||||||||||
11 | computed in accordance
with subparagraph 2 of paragraph (b) of | |||||||||||||||||||
12 | Section 8, shall be payable
during the life of the widow or | |||||||||||||||||||
13 | widower and if any surviving child or
children shall not be | |||||||||||||||||||
14 | physically or mentally incapacitated then until
the death of | |||||||||||||||||||
15 | the widow or widower or until the youngest child shall
reach | |||||||||||||||||||
16 | the age of 18, whichever shall come later; provided that if | |||||||||||||||||||
17 | such
child or children shall be enrolled as a full time student | |||||||||||||||||||
18 | in any
accredited educational institution, the payments shall | |||||||||||||||||||
19 | continue until
such child has attained the age of 25. In the | |||||||||||||||||||
20 | event any surviving child
or children shall be physically or | |||||||||||||||||||
21 | mentally incapacitated, the payments
shall continue for the | |||||||||||||||||||
22 | duration of such incapacity.
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23 | The term "child" means a child whom the deceased employee |
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1 | left
surviving, including a posthumous child, a child legally | ||||||
2 | adopted, a
child whom the deceased employee was legally | ||||||
3 | obligated to support or a
child to whom the deceased employee | ||||||
4 | stood in loco parentis. The term
"children" means the plural of | ||||||
5 | "child".
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6 | The term "physically or mentally incapacitated child or | ||||||
7 | children"
means a child or children incapable of engaging in | ||||||
8 | regular and
substantial gainful employment.
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9 | In the event of the remarriage of a widow or widower, where | ||||||
10 | the
decedent did not leave surviving any child or children who, | ||||||
11 | at the time
of such remarriage, are entitled to compensation | ||||||
12 | benefits under this
Act, the surviving spouse shall be paid a | ||||||
13 | lump sum equal to 2 years
compensation benefits and all further | ||||||
14 | rights of such widow or widower
shall be extinguished.
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15 | If the employee leaves surviving any child or children | ||||||
16 | under 18 years
of age who at the time of death shall be | ||||||
17 | entitled to compensation under
this paragraph (a) of this | ||||||
18 | Section, the weekly compensation payments
herein provided for | ||||||
19 | such child or children shall in any event continue
for a period | ||||||
20 | of not less than 6 years.
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21 | Any beneficiary entitled to compensation under this | ||||||
22 | paragraph (a) of
this Section shall receive from the special | ||||||
23 | fund provided in paragraph
(f) of this Section, in addition to | ||||||
24 | the compensation herein provided,
supplemental benefits in | ||||||
25 | accordance with paragraph (g) of Section 8.
| ||||||
26 | (b) If no compensation is payable under paragraph (a) of |
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1 | this
Section and the employee leaves surviving a parent or | ||||||
2 | parents who at the
time of the accident were totally dependent | ||||||
3 | upon the earnings of the
employee then weekly payments equal to | ||||||
4 | the compensation rate payable in
the case where the employee | ||||||
5 | leaves surviving a widow or widower, shall
be paid to such | ||||||
6 | parent or parents for the duration of their lives, and
in the | ||||||
7 | event of the death of either, for the life of the survivor.
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8 | (c) If no compensation is payable under paragraphs (a) or | ||||||
9 | (b) of
this Section and the employee leaves surviving any child | ||||||
10 | or children who
are not entitled to compensation under the | ||||||
11 | foregoing paragraph (a) but
who at the time of the accident | ||||||
12 | were nevertheless in any manner
dependent upon the earnings of | ||||||
13 | the employee, or leaves surviving a
parent or parents who at | ||||||
14 | the time of the accident were partially
dependent upon the | ||||||
15 | earnings of the employee, then there shall be paid to
such | ||||||
16 | dependent or dependents for a period of 8 years weekly | ||||||
17 | compensation
payments at such proportion of the applicable rate | ||||||
18 | if the employee had
left surviving a widow or widower as such | ||||||
19 | dependency bears to total
dependency. In the event of the death | ||||||
20 | of any such beneficiary the share
of such beneficiary shall be | ||||||
21 | divided equally among the surviving
beneficiaries and in the | ||||||
22 | event of the death of the last such
beneficiary all the rights | ||||||
23 | under this paragraph shall be extinguished.
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24 | (d) If no compensation is payable under paragraphs (a), (b) | ||||||
25 | or (c)
of this Section and the employee leaves surviving any | ||||||
26 | grandparent,
grandparents, grandchild or grandchildren or |
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1 | collateral heirs dependent
upon the employee's earnings to the | ||||||
2 | extent of 50% or more of total
dependency, then there shall be | ||||||
3 | paid to such dependent or dependents for
a period of 5 years | ||||||
4 | weekly compensation payments at such proportion of
the | ||||||
5 | applicable rate if the employee had left surviving a widow or
| ||||||
6 | widower as such dependency bears to total dependency. In the | ||||||
7 | event of
the death of any such beneficiary the share of such | ||||||
8 | beneficiary shall be
divided equally among the surviving | ||||||
9 | beneficiaries and in the event of
the death of the last such | ||||||
10 | beneficiary all rights hereunder shall be
extinguished.
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11 | (e) The compensation to be paid for accidental injury which | ||||||
12 | results
in death, as provided in this Section, shall be paid to | ||||||
13 | the persons who
form the basis for determining the amount of | ||||||
14 | compensation to be paid by
the employer, the respective shares | ||||||
15 | to be in the proportion of their
respective dependency at the | ||||||
16 | time of the accident on the earnings of the
deceased. The | ||||||
17 | Commission or an Arbitrator thereof may, in its or his
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18 | discretion, order or award the payment to the parent or | ||||||
19 | grandparent of a
child for the latter's support the amount of | ||||||
20 | compensation which but for
such order or award would have been | ||||||
21 | paid to such child as its share of
the compensation payable, | ||||||
22 | which order or award may be modified from time
to time by the | ||||||
23 | Commission in its discretion with respect to the person
to whom | ||||||
24 | shall be paid the amount of the order or award remaining unpaid
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25 | at the time of the modification.
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26 | The payments of compensation by the employer in accordance |
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1 | with the
order or award of the Commission discharges such | ||||||
2 | employer from all
further obligation as to such compensation.
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3 | (f) The sum of $8,000 for burial expenses shall be paid by | ||||||
4 | the
employer to the widow or widower, other dependent, next of | ||||||
5 | kin or to the
person or persons incurring the expense of | ||||||
6 | burial.
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7 | In the event the employer failed to provide necessary first | ||||||
8 | aid,
medical, surgical or hospital service, he shall pay the | ||||||
9 | cost thereof to
the person or persons entitled to compensation | ||||||
10 | under paragraphs (a),
(b), (c) or (d) of this Section, or to | ||||||
11 | the person or persons incurring
the obligation therefore, or | ||||||
12 | providing the same.
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13 | On January 15 and July 15, 1981, and on January 15 and July | ||||||
14 | 15 of each
year thereafter the employer shall within 60 days | ||||||
15 | pay a sum equal to
1/8 of 1% of all compensation payments made | ||||||
16 | by him after July 1, 1980, either
under this Act or the | ||||||
17 | Workers' Occupational Diseases Act, whether by lump
sum | ||||||
18 | settlement or weekly compensation payments, but not including | ||||||
19 | hospital,
surgical or rehabilitation payments, made during the | ||||||
20 | first 6 months and
during the second 6 months respectively of | ||||||
21 | the fiscal year next preceding
the date of the payments, into a | ||||||
22 | special fund which shall be designated the
"Second Injury | ||||||
23 | Fund", of which the State Treasurer is ex-officio custodian,
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24 | such special fund to be held and disbursed for the purposes | ||||||
25 | hereinafter
stated in paragraphs (f) and (g) of Section 8, | ||||||
26 | either upon the order of the
Commission or of a competent |
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1 | court. Said special fund shall be deposited
the same as are | ||||||
2 | State funds and any interest accruing thereon shall be
added | ||||||
3 | thereto every 6 months. It is subject to audit the same as | ||||||
4 | State
funds and accounts and is protected by the General bond | ||||||
5 | given by the State
Treasurer. It is considered always | ||||||
6 | appropriated for the purposes of
disbursements as provided in | ||||||
7 | Section 8, paragraph (f), of this Act, and
shall be paid out | ||||||
8 | and disbursed as therein provided and shall not at any
time be | ||||||
9 | appropriated or diverted to any other use or purpose.
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10 | On January 15, 1991, the employer shall further pay a sum | ||||||
11 | equal to one
half of 1% of all compensation payments made by | ||||||
12 | him from January 1, 1990
through June 30, 1990 either under | ||||||
13 | this Act or under the Workers'
Occupational Diseases Act, | ||||||
14 | whether by lump sum settlement or weekly
compensation payments, | ||||||
15 | but not including hospital, surgical or
rehabilitation | ||||||
16 | payments, into an additional Special Fund which shall be
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17 | designated as the "Rate Adjustment Fund". On March 15, 1991, | ||||||
18 | the employer
shall pay into the Rate Adjustment Fund a sum | ||||||
19 | equal to one half of 1% of
all such compensation payments made | ||||||
20 | from July 1, 1990 through December 31,
1990. Within 60 days | ||||||
21 | after July 15, 1991, the employer shall pay into the
Rate | ||||||
22 | Adjustment Fund a sum equal to one half of 1% of all such | ||||||
23 | compensation
payments made from January 1, 1991 through June | ||||||
24 | 30, 1991. Within 60 days
after January 15 of 1992 and each
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25 | subsequent year through 1996, the employer shall pay
into the | ||||||
26 | Rate Adjustment Fund a sum equal to one half of 1% of all such
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1 | compensation payments made in the last 6 months of the | ||||||
2 | preceding calendar
year. Within 60 days after July 15 of 1992 | ||||||
3 | and each subsequent year through
1995, the employer shall pay | ||||||
4 | into the Rate Adjustment Fund a sum equal to one
half of 1% of | ||||||
5 | all such compensation payments made in the first 6 months of | ||||||
6 | the
same calendar year. Within 60 days after January 15 of 1997 | ||||||
7 | and each subsequent
year through 2005, the employer shall pay | ||||||
8 | into the Rate Adjustment Fund a sum equal to
three-fourths of | ||||||
9 | 1% of all such compensation payments made in the last 6 months
| ||||||
10 | of the preceding calendar year. Within 60 days after July 15 of | ||||||
11 | 1996 and each
subsequent year through 2004, the employer shall | ||||||
12 | pay into the Rate Adjustment Fund a sum
equal to three-fourths | ||||||
13 | of 1% of all such compensation payments made in the
first 6 | ||||||
14 | months of the same calendar year. Within 60 days after July 15 | ||||||
15 | of 2005, the employer shall pay into the Rate Adjustment Fund a | ||||||
16 | sum equal to 1% of such compensation payments made in the first | ||||||
17 | 6 months of the same calendar year. Within 60 days after | ||||||
18 | January 15 of 2006 and each subsequent year, the employer shall | ||||||
19 | pay into the Rate Adjustment Fund a sum equal to 1.25% of such | ||||||
20 | compensation payments made in the last 6 months of the | ||||||
21 | preceding calendar year. Within 60 days after July 15 of 2006 | ||||||
22 | and each subsequent year, the employer shall pay into the Rate | ||||||
23 | Adjustment Fund a sum equal to 1.25% of such compensation | ||||||
24 | payments made in the first 6 months of the same calendar year.
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25 | The administrative costs of
collecting assessments from | ||||||
26 | employers for the Rate Adjustment Fund shall be
paid from the
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1 | Rate Adjustment Fund. The cost of an actuarial audit of the | ||||||
2 | Fund shall be paid
from the Rate Adjustment Fund. The State | ||||||
3 | Treasurer is ex officio custodian of such Special
Fund and the | ||||||
4 | same shall be held and disbursed for the purposes hereinafter
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5 | stated in paragraphs (f) and (g) of Section 8 upon the order of | ||||||
6 | the
Commission or of a competent court. The Rate Adjustment | ||||||
7 | Fund shall be
deposited the same as are State funds and any | ||||||
8 | interest accruing thereon
shall be added thereto every 6 | ||||||
9 | months. It shall be subject to audit the
same as State funds | ||||||
10 | and accounts and shall be protected by the general bond
given | ||||||
11 | by the State Treasurer. It is considered always appropriated | ||||||
12 | for the
purposes of disbursements as provided in paragraphs (f) | ||||||
13 | and (g) of Section
8 of this Act and shall be paid out and | ||||||
14 | disbursed as therein provided and
shall not at any time be | ||||||
15 | appropriated or diverted to any other use or
purpose. Within 5 | ||||||
16 | days after the effective date of this amendatory Act of
1990, | ||||||
17 | the Comptroller and the State Treasurer shall transfer | ||||||
18 | $1,000,000
from the General Revenue Fund to the Rate Adjustment | ||||||
19 | Fund. By February 15,
1991, the Comptroller and the State | ||||||
20 | Treasurer shall transfer $1,000,000
from the Rate Adjustment | ||||||
21 | Fund to the General Revenue Fund. The Comptroller and Treasurer | ||||||
22 | are authorized to make
transfers at the
request of the Chairman | ||||||
23 | up to a total of $19,000,000
from the Second Injury Fund, the | ||||||
24 | General Revenue Fund, and the Workers'
Compensation Benefit | ||||||
25 | Trust
Fund to the Rate Adjustment Fund to the extent that there | ||||||
26 | is insufficient
money in the Rate Adjustment Fund to pay claims |
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1 | and obligations. Amounts may
be transferred from the General | ||||||
2 | Revenue Fund only if the funds in the Second
Injury Fund or the | ||||||
3 | Workers' Compensation Benefit Trust Fund are insufficient to
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4 | pay claims and obligations of the Rate Adjustment Fund. All
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5 | amounts transferred from the Second Injury Fund, the General | ||||||
6 | Revenue Fund,
and the Workers'
Compensation Benefit Trust Fund | ||||||
7 | shall be repaid from the Rate Adjustment
Fund within 270 days | ||||||
8 | of a transfer, together with interest at the rate
earned by | ||||||
9 | moneys on deposit in the Fund or Funds from which the moneys | ||||||
10 | were
transferred.
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11 | Upon a finding by the Commission, after reasonable notice | ||||||
12 | and hearing,
that any employer has willfully and knowingly | ||||||
13 | failed to pay the proper
amounts into the Second Injury Fund or | ||||||
14 | the Rate Adjustment Fund required by
this Section or if such | ||||||
15 | payments are not made within the time periods
prescribed by | ||||||
16 | this Section, the employer shall, in addition to such
payments, | ||||||
17 | pay a penalty of 20% of the amount required to be paid or | ||||||
18 | $2,500,
whichever is greater, for each year or part thereof of | ||||||
19 | such failure to pay.
This penalty shall only apply to | ||||||
20 | obligations of an employer to the
Second Injury Fund or the | ||||||
21 | Rate Adjustment Fund accruing after the effective
date of this | ||||||
22 | amendatory Act of 1989. All or part of such a penalty may be
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23 | waived by the Commission for good cause shown.
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24 | Any obligations of an employer to the Second Injury Fund | ||||||
25 | and Rate
Adjustment Fund accruing prior to the effective date | ||||||
26 | of this amendatory Act
of 1989 shall be paid in full by such |
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1 | employer within 5 years of the
effective date of this | ||||||
2 | amendatory Act of 1989, with at least one-fifth of
such | ||||||
3 | obligation to be paid during each year following the effective | ||||||
4 | date of
this amendatory Act of 1989. If the Commission finds, | ||||||
5 | following reasonable
notice and hearing, that an employer has | ||||||
6 | failed to make timely payment of
any obligation accruing under | ||||||
7 | the preceding sentence, the employer shall,
in addition to all | ||||||
8 | other payments required by this Section, be liable for a
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9 | penalty equal to 20% of the overdue obligation or $2,500, | ||||||
10 | whichever is
greater, for each year or part thereof that | ||||||
11 | obligation is overdue.
All or part of such a penalty may be | ||||||
12 | waived by the Commission for
good cause shown.
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13 | The Chairman of the Illinois Workers' Compensation | ||||||
14 | Commission shall, annually, furnish to the
Director of the | ||||||
15 | Department of Insurance a list of the amounts paid into the
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16 | Second Injury Fund and the Rate Adjustment Fund by each | ||||||
17 | insurance company
on behalf of their insured employers. The | ||||||
18 | Director shall verify to the
Chairman that the amounts paid by | ||||||
19 | each insurance company are accurate as
best as the Director can | ||||||
20 | determine from the records available to the
Director. The | ||||||
21 | Chairman shall verify that the amounts paid by each
| ||||||
22 | self-insurer are accurate as best as the Chairman can determine | ||||||
23 | from
records available to the Chairman. The Chairman may | ||||||
24 | require each
self-insurer to provide information concerning | ||||||
25 | the total compensation
payments made upon which contributions | ||||||
26 | to the Second Injury Fund and the
Rate Adjustment Fund are |
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1 | predicated and any additional information
establishing that | ||||||
2 | such payments have been made into these funds. Any
deficiencies | ||||||
3 | in payments noted by the Director or Chairman shall be subject
| ||||||
4 | to the penalty provisions of this Act.
| ||||||
5 | The State Treasurer, or his duly authorized | ||||||
6 | representative, shall be
named as a party to all proceedings in | ||||||
7 | all cases involving claim for the
loss of, or the permanent and | ||||||
8 | complete loss of the use of one eye, one
foot, one leg, one arm | ||||||
9 | or one hand.
| ||||||
10 | The State Treasurer or his duly authorized agent shall have | ||||||
11 | the same
rights as any other party to the proceeding, including | ||||||
12 | the right to
petition for review of any award. The reasonable | ||||||
13 | expenses of
litigation, such as medical examinations, | ||||||
14 | testimony, and transcript of
evidence, incurred by the State | ||||||
15 | Treasurer or his duly authorized
representative, shall be borne | ||||||
16 | by the Second Injury Fund.
| ||||||
17 | If the award is not paid within 30 days after the date the | ||||||
18 | award has
become final, the Commission shall proceed to take | ||||||
19 | judgment thereon in
its own name as is provided for other | ||||||
20 | awards by paragraph (g) of Section
19 of this Act and take the | ||||||
21 | necessary steps to collect the award.
| ||||||
22 | Any person, corporation or organization who has paid or | ||||||
23 | become liable
for the payment of burial expenses of the | ||||||
24 | deceased employee may in his
or its own name institute | ||||||
25 | proceedings before the Commission for the
collection thereof.
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26 | For the purpose of administration, receipts and |
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| |||||||
1 | disbursements, the
Special Fund provided for in paragraph (f) | ||||||
2 | of this Section shall be
administered jointly with the Special | ||||||
3 | Fund provided for in Section 7,
paragraph (f) of the Workers' | ||||||
4 | Occupational Diseases Act.
| ||||||
5 | (g) All compensation, except for burial expenses provided | ||||||
6 | in this
Section to be paid in case accident results in death, | ||||||
7 | shall be paid in
installments equal to the percentage of the | ||||||
8 | average earnings as provided
for in Section 8, paragraph (b) of | ||||||
9 | this Act, at the same intervals at
which the wages or earnings | ||||||
10 | of the employees were paid. If this is not
feasible, then the | ||||||
11 | installments shall be paid weekly. Such compensation
may be | ||||||
12 | paid in a lump sum upon petition as provided in Section 9 of | ||||||
13 | this
Act. However, in addition to the benefits provided by | ||||||
14 | Section 9 of this
Act where compensation for death is payable | ||||||
15 | to the deceased's widow,
widower or to the deceased's widow, | ||||||
16 | widower and one or more children,
and where a partial lump sum | ||||||
17 | is applied for by such beneficiary or
beneficiaries within 18 | ||||||
18 | months after the deceased's death, the
Commission may, in its | ||||||
19 | discretion, grant a partial lump sum of not to
exceed 100 weeks | ||||||
20 | of the compensation capitalized at their present value
upon the | ||||||
21 | basis of interest calculated at 3% per annum with annual rests,
| ||||||
22 | upon a showing that such partial lump sum is for the best | ||||||
23 | interest of
such beneficiary or beneficiaries.
| ||||||
24 | (h) In case the injured employee is under 16 years of age | ||||||
25 | at the
time of the accident and is illegally employed, the | ||||||
26 | amount of
compensation payable under paragraphs (a), (b), (c), |
| |||||||
| |||||||
1 | (d) and (f) of this
Section shall be increased 50%.
| ||||||
2 | Nothing herein contained repeals or amends the provisions | ||||||
3 | of the Child
Labor Law relating to the employment of minors | ||||||
4 | under the age of 16 years.
| ||||||
5 | However, where an employer has on file an employment | ||||||
6 | certificate
issued pursuant to the Child Labor Law or work | ||||||
7 | permit issued pursuant
to the Federal Fair Labor Standards Act, | ||||||
8 | as amended, or a birth
certificate properly and duly issued, | ||||||
9 | such certificate, permit or birth
certificate is conclusive | ||||||
10 | evidence as to the age of the injured minor
employee for the | ||||||
11 | purposes of this Section only.
| ||||||
12 | (i) Whenever the dependents of a deceased employee are | ||||||
13 | aliens not
residing in the United States, Mexico or Canada, the | ||||||
14 | amount of
compensation payable is limited to the beneficiaries | ||||||
15 | described in
paragraphs (a), (b) and (c) of this Section and is | ||||||
16 | 50% of the
compensation provided in paragraphs (a), (b) and (c) | ||||||
17 | of this Section,
except as otherwise provided by treaty.
| ||||||
18 | In a case where any of the persons who would be entitled to
| ||||||
19 | compensation is living at any place outside of the United | ||||||
20 | States, then
payment shall be made to the personal | ||||||
21 | representative of the deceased
employee. The distribution by | ||||||
22 | such personal representative to the
persons entitled shall be | ||||||
23 | made to such persons and in such manner as the
Commission | ||||||
24 | orders.
| ||||||
25 | (j) If payments are to made under this Section to a child | ||||||
26 | who is under 18 years of age, a guardian of the child's estate |
| |||||||
| |||||||
1 | must be appointed under Article 11 of the Probate Act of 1975. | ||||||
2 | It shall be the responsibility of the guardian of the child's | ||||||
3 | estate to manage the child's estate in accordance with Section | ||||||
4 | 11-13 of the Probate Act of 1975. | ||||||
5 | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05; | ||||||
6 | 94-695, eff. 11-16-05.)
|