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1 | | AN ACT concerning employment. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Public Employee Disability Act is amended |
5 | | by changing Sections 1 and 2 as follows: |
6 | | (5 ILCS 345/1) (from Ch. 70, par. 91) |
7 | | Sec. 1. Disability benefit. |
8 | | (a) For the purposes of this Section, "eligible employee" |
9 | | means any part-time or full-time State correctional officer or |
10 | | any other full or part-time employee of the Department of |
11 | | Corrections, any full or part-time employee of the Prisoner |
12 | | Review Board, any full or part-time employee of the Department |
13 | | of Human Services working within a penal institution or a |
14 | | State mental health or developmental disabilities facility |
15 | | operated by the Department of Human Services, and any |
16 | | full-time law enforcement officer or full-time firefighter, |
17 | | including a full-time paramedic or a firefighter who performs |
18 | | paramedic duties, who is employed by the State of Illinois, |
19 | | any unit of local government (including any home rule unit), |
20 | | any State supported college or university, or any other public |
21 | | entity granted the power to employ persons for such purposes |
22 | | by law , and any full-time mental health professional employed |
23 | | and dispatched by any unit of local government, including any |
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1 | | home rule unit, to respond to crisis calls received on public |
2 | | emergency service lines instead of or in conjunction with law |
3 | | enforcement . |
4 | | (b) Whenever an eligible employee suffers any injury in |
5 | | the line of duty which causes him to be unable to perform his |
6 | | duties, he shall continue to be paid by the employing public |
7 | | entity on the same basis as he was paid before the injury, with |
8 | | no deduction from his sick leave credits, compensatory time |
9 | | for overtime accumulations or vacation, or service credits in |
10 | | a public employee pension fund during the time he is unable to |
11 | | perform his duties due to the result of the injury, but not |
12 | | longer than one year in relation to the same injury, except as |
13 | | otherwise provided under subsection (b-5). However, no injury |
14 | | to an employee of the Department of Corrections or the |
15 | | Prisoner Review Board working within a penal institution or an |
16 | | employee of the Department of Human Services working within a |
17 | | departmental mental health or developmental disabilities |
18 | | facility shall qualify the employee for benefits under this |
19 | | Section unless the injury is the direct or indirect result of |
20 | | violence by inmates of the penal institution or residents of |
21 | | the mental health or developmental disabilities facility. |
22 | | (b-5) Upon the occurrence of circumstances, directly or |
23 | | indirectly attributable to COVID-19, occurring on or after |
24 | | March 9, 2020 and on or before June 30, 2021 (including the |
25 | | period between December 31, 2020 and the effective date of |
26 | | this amendatory Act of the 101st General Assembly) which would |
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1 | | hinder the physical recovery from an injury of an eligible |
2 | | employee within the one-year period as required under |
3 | | subsection (b), the eligible employee shall be entitled to an |
4 | | extension of no longer than 60 days by which he or she shall |
5 | | continue to be paid by the employing public entity on the same |
6 | | basis as he or she was paid before the injury. The employing |
7 | | public entity may require proof of the circumstances hindering |
8 | | an eligible employee's physical recovery before granting the |
9 | | extension provided under this subsection (b-5). |
10 | | (c) At any time during the period for which continuing |
11 | | compensation is required by this Act, the employing public |
12 | | entity may order at the expense of that entity physical or |
13 | | medical examinations of the injured person to determine the |
14 | | degree of disability. |
15 | | (d) During this period of disability, the injured person |
16 | | shall not be employed in any other manner, with or without |
17 | | monetary compensation. Any person who is employed in violation |
18 | | of this paragraph forfeits the continuing compensation |
19 | | provided by this Act from the time such employment begins. Any |
20 | | salary compensation due the injured person from workers' |
21 | | compensation or any salary due him from any type of insurance |
22 | | which may be carried by the employing public entity shall |
23 | | revert to that entity during the time for which continuing |
24 | | compensation is paid to him under this Act. Any person with a |
25 | | disability receiving compensation under the provisions of this |
26 | | Act shall not be entitled to any benefits for which he would |
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1 | | qualify because of his disability under the provisions of the |
2 | | Illinois Pension Code. |
3 | | (e) Any employee of the State of Illinois, as defined in |
4 | | Section 14-103.05 of the Illinois Pension Code, who becomes |
5 | | permanently unable to perform the duties of such employment |
6 | | due to an injury received in the active performance of his |
7 | | duties as a State employee as a result of a willful act of |
8 | | violence by another employee of the State of Illinois, as so |
9 | | defined, committed during such other employee's course of |
10 | | employment and after January 1, 1988, shall be eligible for |
11 | | benefits pursuant to the provisions of this Section. For |
12 | | purposes of this Section, permanent disability is defined as a |
13 | | diagnosis or prognosis of an inability to return to current |
14 | | job duties by a physician licensed to practice medicine in all |
15 | | of its branches. |
16 | | (f) The compensation and other benefits provided to |
17 | | part-time employees covered by this Section shall be |
18 | | calculated based on the percentage of time the part-time |
19 | | employee was scheduled to work pursuant to his or her status as |
20 | | a part-time employee. |
21 | | (g) Pursuant to paragraphs (h) and (i) of Section 6 of |
22 | | Article VII of the Illinois Constitution, this Act |
23 | | specifically denies and limits the exercise by home rule units |
24 | | of any power which is inconsistent herewith, and all existing |
25 | | laws and ordinances which are inconsistent herewith are hereby |
26 | | superseded. This Act does not preempt the concurrent exercise |
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1 | | by home rule units of powers consistent herewith. |
2 | | This Act does not apply to any home rule unit with a |
3 | | population of over 1,000,000. |
4 | | (h) In those cases where the injury to a State employee for |
5 | | which a benefit is payable under this Act was caused under |
6 | | circumstances creating a legal liability for damages on the |
7 | | part of some person other than the State employer, all of the |
8 | | rights and privileges, including the right to notice of suit |
9 | | brought against such other person and the right to commence or |
10 | | join in such suit, as given the employer, together with the |
11 | | conditions or obligations imposed under paragraph (b) of |
12 | | Section 5 of the Workers' Compensation Act, are also given and |
13 | | granted to the State, to the end that, with respect to State |
14 | | employees only, the State may be paid or reimbursed for the |
15 | | amount of benefit paid or to be paid by the State to the |
16 | | injured employee or his or her personal representative out of |
17 | | any judgment, settlement, or payment for such injury obtained |
18 | | by such injured employee or his or her personal representative |
19 | | from such other person by virtue of the injury. |
20 | | (Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20; |
21 | | 101-653, eff. 2-28-21.) |
22 | | (5 ILCS 345/2) |
23 | | Sec. 2. Illness disability benefit. |
24 | | (a) As used in this Section: |
25 | | "Eligible employee" means any full-time law enforcement |
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1 | | officer , any or full-time firefighter, including a full-time |
2 | | paramedic or a firefighter who performs paramedic duties, who |
3 | | is employed by any unit of local government, including any |
4 | | home rule unit , and any full-time mental health professional |
5 | | employed and dispatched by any unit of local government, |
6 | | including any home rule unit, to respond to crisis calls |
7 | | received on public emergency service lines instead of or in |
8 | | conjunction with law enforcement . |
9 | | "Illness" means any illness, disease, or condition the |
10 | | presence of which in a community results in the declaration of |
11 | | a disaster or emergency by a State, county, or municipal |
12 | | official. |
13 | | (b) Whenever an eligible employee suffers an illness in |
14 | | the line of duty which causes the employee to be unable to |
15 | | perform the employee's duties, the employee shall continue to |
16 | | be paid by the employing public entity on the same basis as the |
17 | | employee was paid before the illness, with no deduction from |
18 | | the employee's sick leave credits, compensatory time for |
19 | | overtime accumulations or vacation, or service credits in a |
20 | | public pension fund during the time the employee is unable to |
21 | | perform the employee's duties due to the result of the |
22 | | illness, but not longer than one year in relation to the same |
23 | | illness. |
24 | | (c) At any time during the period for which continuing |
25 | | compensation is required by this Act, the employing public |
26 | | entity may order at the expense of that entity physical or |
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1 | | medical examinations of the ill person to determine the degree |
2 | | of disability. |
3 | | (d) During this period of disability, the ill person shall |
4 | | not be employed in any other manner, with or without a monetary |
5 | | compensation. Any person who is employed in violation of this |
6 | | subsection forfeits the continuing compensation provided by |
7 | | this Act from the time such employment begins. Any salary |
8 | | compensation due to the ill person from workers' compensation |
9 | | or any salary due to the employee from any type of insurance |
10 | | which may be carried by the employing public entity shall |
11 | | revert to that entity during the time for which continuing |
12 | | compensation is paid to the employee under this Act. Any |
13 | | person with a disability receiving compensation under the |
14 | | provisions of this Act shall not be entitled to any benefits |
15 | | for which the employee would qualify because of the employee's |
16 | | disability under the provisions of the Illinois Pension Code. |
17 | | (e) Pursuant to paragraphs (h) and (i) of Section 6 of |
18 | | Article VII of the Illinois Constitution, this Act |
19 | | specifically denies and limits the exercise by home rule units |
20 | | of any power which is inconsistent herewith, and all existing |
21 | | laws and ordinances which are inconsistent herewith are hereby |
22 | | superseded. This Act does not preempt the concurrent exercise |
23 | | by home rule units of powers consistent herewith. |
24 | | This Act does not apply to any home rule unit with a |
25 | | population of over 1,000,000. |
26 | | (Source: P.A. 103-63, eff. 1-1-24 .) |
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1 | | Section 10. The Line of Duty Compensation Act is amended |
2 | | by changing Sections 2, 3, 3.5, and 4 as follows: |
3 | | (820 ILCS 315/2) (from Ch. 48, par. 282) |
4 | | Sec. 2. As used in this Act, unless the context otherwise |
5 | | requires: |
6 | | (a) "Law enforcement officer" or "officer" means any |
7 | | person employed by the State or a local governmental entity as |
8 | | a policeman, peace officer, auxiliary policeman or in some |
9 | | like position involving the enforcement of the law and |
10 | | protection of the public interest at the risk of that person's |
11 | | life. This includes supervisors, wardens, superintendents and |
12 | | their assistants, guards and keepers, correctional officers, |
13 | | youth supervisors, parole agents, aftercare specialists, |
14 | | school teachers and correctional counsellors in all facilities |
15 | | of both the Department of Corrections and the Department of |
16 | | Juvenile Justice, while within the facilities under the |
17 | | control of the Department of Corrections or the Department of |
18 | | Juvenile Justice or in the act of transporting inmates or |
19 | | wards from one location to another or while performing their |
20 | | official duties, and all other Department of Correction or |
21 | | Department of Juvenile Justice employees who have daily |
22 | | contact with inmates. For the purposes of this Act, "law |
23 | | enforcement officer" or "officer" also means a probation |
24 | | officer, as defined in Section 9b of the Probation and |
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1 | | Probation Officers Act. |
2 | | The death of the foregoing employees of the Department of |
3 | | Corrections or the Department of Juvenile Justice in order to |
4 | | be included herein must be by the direct or indirect willful |
5 | | act of an inmate, ward, work-releasee, parolee, aftercare |
6 | | releasee, parole violator, aftercare release violator, person |
7 | | under conditional release, or any person sentenced or |
8 | | committed, or otherwise subject to confinement in or to the |
9 | | Department of Corrections or the Department of Juvenile |
10 | | Justice. |
11 | | (b) "Fireman" means any person employed by the State or a |
12 | | local governmental entity as, or otherwise serving as, a |
13 | | member or officer of a fire department either for the purpose |
14 | | of the prevention or control of fire or the underwater |
15 | | recovery of drowning victims, including volunteer firemen. |
16 | | (c) "Local governmental entity" includes counties, |
17 | | municipalities and municipal corporations. |
18 | | (d) "State" means the State of Illinois and its |
19 | | departments, divisions, boards, bureaus, commissions, |
20 | | authorities and colleges and universities. |
21 | | (e) "Killed in the line of duty" means losing one's life as |
22 | | a result of injury received in the active performance of |
23 | | duties as a law enforcement officer, civil defense worker, |
24 | | civil air patrol member, paramedic, fireman, mental health |
25 | | professional, or chaplain if the death occurs within one year |
26 | | from the date the injury was received and if that injury arose |
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1 | | from violence or other accidental cause. In the case of a State |
2 | | employee, "killed in the line of duty" means losing one's life |
3 | | as a result of injury received in the active performance of |
4 | | one's duties as a State employee, if the death occurs within |
5 | | one year from the date the injury was received and if that |
6 | | injury arose from a willful act of violence by another State |
7 | | employee committed during such other employee's course of |
8 | | employment and after January 1, 1988. The term excludes death |
9 | | resulting from the willful misconduct or intoxication of the |
10 | | officer, civil defense worker, civil air patrol member, |
11 | | paramedic, fireman, mental health professional, chaplain, or |
12 | | State employee. However, the burden of proof of such willful |
13 | | misconduct or intoxication of the officer, civil defense |
14 | | worker, civil air patrol member, paramedic, fireman, mental |
15 | | health professional, chaplain, or State employee is on the |
16 | | Attorney General. Subject to the conditions set forth in |
17 | | subsection (a) with respect to inclusion under this Act of |
18 | | Department of Corrections and Department of Juvenile Justice |
19 | | employees described in that subsection, for the purposes of |
20 | | this Act, instances in which a law enforcement officer |
21 | | receives an injury in the active performance of duties as a law |
22 | | enforcement officer include but are not limited to instances |
23 | | when: |
24 | | (1) the injury is received as a result of a wilful act |
25 | | of violence committed other than by the officer and a |
26 | | relationship exists between the commission of such act and |
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1 | | the officer's performance of his duties as a law |
2 | | enforcement officer, whether or not the injury is received |
3 | | while the officer is on duty as a law enforcement officer; |
4 | | (2) the injury is received by the officer while the |
5 | | officer is attempting to prevent the commission of a |
6 | | criminal act by another or attempting to apprehend an |
7 | | individual the officer suspects has committed a crime, |
8 | | whether or not the injury is received while the officer is |
9 | | on duty as a law enforcement officer; |
10 | | (3) the injury is received by the officer while the |
11 | | officer is travelling to or from his employment as a law |
12 | | enforcement officer or during any meal break, or other |
13 | | break, which takes place during the period in which the |
14 | | officer is on duty as a law enforcement officer. |
15 | | In the case of an Armed Forces member, "killed in the line |
16 | | of duty" means losing one's life while on active duty in |
17 | | connection with the September 11, 2001 terrorist attacks on |
18 | | the United States, Operation Enduring Freedom, Operation |
19 | | Freedom's Sentinel, Operation Iraqi Freedom, Operation New |
20 | | Dawn, or Operation Inherent Resolve. |
21 | | (f) "Volunteer fireman" means a person having principal |
22 | | employment other than as a fireman, but who is carried on the |
23 | | rolls of a regularly constituted fire department either for |
24 | | the purpose of the prevention or control of fire or the |
25 | | underwater recovery of drowning victims, the members of which |
26 | | are under the jurisdiction of the corporate authorities of a |
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1 | | city, village, incorporated town, or fire protection district, |
2 | | and includes a volunteer member of a fire department organized |
3 | | under the "General Not for Profit Corporation Act", approved |
4 | | July 17, 1943, as now or hereafter amended, which is under |
5 | | contract with any city, village, incorporated town, fire |
6 | | protection district, or persons residing therein, for fire |
7 | | fighting services. "Volunteer fireman" does not mean an |
8 | | individual who volunteers assistance without being regularly |
9 | | enrolled as a fireman. |
10 | | (g) "Civil defense worker" means any person employed by |
11 | | the State or a local governmental entity as, or otherwise |
12 | | serving as, a member of a civil defense work force, including |
13 | | volunteer civil defense work forces engaged in serving the |
14 | | public interest during periods of disaster, whether natural or |
15 | | man-made. |
16 | | (h) "Civil air patrol member" means any person employed by |
17 | | the State or a local governmental entity as, or otherwise |
18 | | serving as, a member of the organization commonly known as the |
19 | | "Civil Air Patrol", including volunteer members of the |
20 | | organization commonly known as the "Civil Air Patrol". |
21 | | (i) "Paramedic" means an Emergency Medical |
22 | | Technician-Paramedic certified by the Illinois Department of |
23 | | Public Health under the Emergency Medical Services (EMS) |
24 | | Systems Act, and all other emergency medical personnel |
25 | | certified by the Illinois Department of Public Health who are |
26 | | members of an organized body or not-for-profit corporation |
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1 | | under the jurisdiction of a city, village, incorporated town, |
2 | | fire protection district or county, that provides emergency |
3 | | medical treatment to persons of a defined geographical area. |
4 | | (j) "State employee" means any employee as defined in |
5 | | Section 14-103.05 of the Illinois Pension Code, as now or |
6 | | hereafter amended. |
7 | | (k) "Chaplain" means an individual who: |
8 | | (1) is a chaplain of (i) a fire department or (ii) a |
9 | | police department or other agency consisting of law |
10 | | enforcement officers; and |
11 | | (2) has been designated a chaplain by (i) the fire |
12 | | department, police department, or other agency or an |
13 | | officer or body having jurisdiction over the department or |
14 | | agency or (ii) a labor organization representing the |
15 | | firemen or law enforcement officers. |
16 | | (l) "Armed Forces member" means an Illinois resident who |
17 | | is: a member of the Armed Forces of the United States; a member |
18 | | of the Illinois National Guard while on active military |
19 | | service pursuant to an order of the President of the United |
20 | | States; or a member of any reserve component of the Armed |
21 | | Forces of the United States while on active military service |
22 | | pursuant to an order of the President of the United States. |
23 | | (m) "Mental health professional" means any person employed |
24 | | and dispatched by a unit of local government to respond to |
25 | | crisis calls received on public emergency service lines |
26 | | instead of or in conjunction with law enforcement. |
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1 | | (Source: P.A. 102-221, eff. 1-1-22 .) |
2 | | (820 ILCS 315/3) (from Ch. 48, par. 283) |
3 | | Sec. 3. Duty death benefit. |
4 | | (a) If a claim therefor is made within 2 years of the date |
5 | | of death of a law enforcement officer, civil defense worker, |
6 | | civil air patrol member, paramedic, fireman, chaplain, mental |
7 | | health professional, or State employee killed in the line of |
8 | | duty, or if a claim therefor is made within 2 years of the date |
9 | | of death of an Armed Forces member killed in the line of duty, |
10 | | compensation shall be paid to the person designated by the law |
11 | | enforcement officer, civil defense worker, civil air patrol |
12 | | member, paramedic, fireman, chaplain, mental health |
13 | | professional, State employee, or Armed Forces member. However, |
14 | | if the Armed Forces member was killed in the line of duty |
15 | | before October 18, 2004, the claim must be made within one year |
16 | | of October 18, 2004. In addition, if a death occurred after |
17 | | December 31, 2016 and before January 1, 2021, the claim may be |
18 | | made no later than December 31, 2022 notwithstanding any other |
19 | | deadline established under this Act with respect to filing a |
20 | | claim for a duty death benefit. |
21 | | (b) The amount of compensation, except for an Armed Forces |
22 | | member, shall be $10,000 if the death in the line of duty |
23 | | occurred prior to January 1, 1974; $20,000 if such death |
24 | | occurred after December 31, 1973 and before July 1, 1983; |
25 | | $50,000 if such death occurred on or after July 1, 1983 and |
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1 | | before January 1, 1996; $100,000 if the death occurred on or |
2 | | after January 1, 1996 and before May 18, 2001; $118,000 if the |
3 | | death occurred on or after May 18, 2001 and before July 1, |
4 | | 2002; and $259,038 if the death occurred on or after July 1, |
5 | | 2002 and before January 1, 2003. For an Armed Forces member |
6 | | killed in the line of duty (i) at any time before January 1, |
7 | | 2005, the compensation is $259,038 plus amounts equal to the |
8 | | increases for 2003 and 2004 determined under subsection (c) |
9 | | and (ii) on or after January 1, 2005, the compensation is the |
10 | | amount determined under item (i) plus the applicable increases |
11 | | for 2005 and thereafter determined under subsection (c). |
12 | | (c) Except as provided in subsection (b), for deaths |
13 | | occurring on or after January 1, 2003, the death compensation |
14 | | rate for death in the line of duty occurring in a particular |
15 | | calendar year shall be the death compensation rate for death |
16 | | occurring in the previous calendar year (or in the case of |
17 | | deaths occurring in 2003, the rate in effect on December 31, |
18 | | 2002) increased by a percentage thereof equal to the |
19 | | percentage increase, if any, in the index known as the |
20 | | Consumer Price Index for All Urban Consumers: U.S. city |
21 | | average, unadjusted, for all items, as published by the United |
22 | | States Department of Labor, Bureau of Labor Statistics, for |
23 | | the 12 months ending with the month of June of that previous |
24 | | calendar year. |
25 | | (d) If no beneficiary is designated or if no designated |
26 | | beneficiary survives at the death of the law enforcement |
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1 | | officer, civil defense worker, civil air patrol member, |
2 | | paramedic, fireman, mental health professional, chaplain, or |
3 | | State employee killed in the line of duty, the compensation |
4 | | shall be paid in accordance with a legally binding will left by |
5 | | the law enforcement officer, civil defense worker, civil air |
6 | | patrol member, paramedic, fireman, mental health professional, |
7 | | chaplain, or State employee. If the law enforcement officer, |
8 | | civil defense worker, civil air patrol member, paramedic, |
9 | | fireman, mental health professional, chaplain, or State |
10 | | employee did not leave a legally binding will, the |
11 | | compensation shall be paid as follows: |
12 | | (1) when there is a surviving spouse, the entire sum |
13 | | shall be paid to the spouse; |
14 | | (2) when there is no surviving spouse, but a surviving |
15 | | descendant of the decedent, the entire sum shall be paid |
16 | | to the decedent's descendants per stirpes; |
17 | | (3) when there is neither a surviving spouse nor a |
18 | | surviving descendant, the entire sum shall be paid to the |
19 | | parents of the decedent in equal parts, allowing to the |
20 | | surviving parent, if one is dead, the entire sum; and |
21 | | (4) when there is no surviving spouse, descendant or |
22 | | parent of the decedent, but there are surviving brothers |
23 | | or sisters, or descendants of a brother or sister, who |
24 | | were receiving their principal support from the decedent |
25 | | at his death, the entire sum shall be paid, in equal parts, |
26 | | to the dependent brothers or sisters or dependent |
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1 | | descendant of a brother or sister. Dependency shall be |
2 | | determined by the Court of Claims based upon the |
3 | | investigation and report of the Attorney General. |
4 | | The changes made to this subsection (d) by this amendatory Act |
5 | | of the 94th General Assembly apply to any pending case as long |
6 | | as compensation has not been paid to any party before the |
7 | | effective date of this amendatory Act of the 94th General |
8 | | Assembly. |
9 | | (d-1) For purposes of subsection (d), in the case of a |
10 | | person killed in the line of duty who was born out of wedlock |
11 | | and was not an adoptive child at the time of the person's |
12 | | death, a person shall be deemed to be a parent of the person |
13 | | killed in the line of duty only if that person would be an |
14 | | eligible parent, as defined in Section 2-2 of the Probate Act |
15 | | of 1975, of the person killed in the line of duty. This |
16 | | subsection (d-1) applies to any pending claim if compensation |
17 | | was not paid to the claimant of the pending claim before the |
18 | | effective date of this amendatory Act of the 94th General |
19 | | Assembly. |
20 | | (d-2) If no beneficiary is designated or if no designated |
21 | | beneficiary survives at the death of the Armed Forces member |
22 | | killed in the line of duty, the compensation shall be paid in |
23 | | entirety according to the designation made on the most recent |
24 | | version of the Armed Forces member's Servicemembers' Group |
25 | | Life Insurance Election and Certificate ("SGLI"). |
26 | | If no SGLI form exists at the time of the Armed Forces |
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1 | | member's death, the compensation shall be paid in accordance |
2 | | with a legally binding will left by the Armed Forces member. |
3 | | If no SGLI form exists for the Armed Forces member and the |
4 | | Armed Forces member did not leave a legally binding will, the |
5 | | compensation shall be paid to the persons and in the priority |
6 | | as set forth in paragraphs (1) through (4) of subsection (d) of |
7 | | this Section. |
8 | | This subsection (d-2) applies to any pending case as long |
9 | | as compensation has not been paid to any party before the |
10 | | effective date of this amendatory Act of the 94th General |
11 | | Assembly. |
12 | | (e) If there is no beneficiary designated or if no |
13 | | designated beneficiary survives at the death of the law |
14 | | enforcement officer, civil defense worker, civil air patrol |
15 | | member, paramedic, fireman, mental health professional, |
16 | | chaplain, State employee, or Armed Forces member killed in the |
17 | | line of duty and there is no other person or entity to whom |
18 | | compensation is payable under this Section, no compensation |
19 | | shall be payable under this Act. |
20 | | (f) No part of such compensation may be paid to any other |
21 | | person for any efforts in securing such compensation. |
22 | | (g) This amendatory Act of the 93rd General Assembly |
23 | | applies to claims made on or after October 18, 2004 with |
24 | | respect to an Armed Forces member killed in the line of duty. |
25 | | (h) In any case for which benefits have not been paid |
26 | | within 6 months of the claim being filed in accordance with |
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1 | | this Section, which is pending as of the effective date of this |
2 | | amendatory Act of the 96th General Assembly, and in which |
3 | | there are 2 or more beneficiaries, at least one of whom would |
4 | | receive at least a portion of the total benefit regardless of |
5 | | the manner in which the Court of Claims resolves the claim, the |
6 | | Court shall direct the Comptroller to pay the minimum amount |
7 | | of money which the determinate beneficiary would receive |
8 | | together with all interest payment penalties which have |
9 | | accrued on that portion of the award being paid within 30 days |
10 | | of the effective date of this amendatory Act of the 96th |
11 | | General Assembly. For purposes of this subsection (h), |
12 | | "determinate beneficiary" means the beneficiary who would |
13 | | receive any portion of the total benefit claimed regardless of |
14 | | the manner in which the Court of Claims adjudicates the claim. |
15 | | (i) The Court of Claims shall ensure that all individuals |
16 | | who have filed an application to claim the duty death benefit |
17 | | for a deceased member of the Armed Forces pursuant to this |
18 | | Section or for a fireman pursuant to this Section, or their |
19 | | designated representative, shall have access, on a timely |
20 | | basis and in an efficient manner, to all information related |
21 | | to the court's consideration, processing, or adjudication of |
22 | | the claim, including, but not limited to, the following: |
23 | | (1) a reliable estimate of when the Court of Claims |
24 | | will adjudicate the claim, or if the Court cannot estimate |
25 | | when it will adjudicate the claim, a full written |
26 | | explanation of the reasons for this inability; and |
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1 | | (2) a reliable estimate, based upon consultation with |
2 | | the Comptroller, of when the benefit will be paid to the |
3 | | claimant. |
4 | | (j) The Court of Claims shall send written notice to all |
5 | | claimants within 2 weeks of the initiation of a claim |
6 | | indicating whether or not the application is complete. For |
7 | | purposes of this subsection (j), an application is complete if |
8 | | a claimant has submitted to the Court of Claims all documents |
9 | | and information the Court requires for adjudicating and paying |
10 | | the benefit amount. For purposes of this subsection (j), a |
11 | | claim for the duty death benefit is initiated when a claimant |
12 | | submits any of the application materials required for |
13 | | adjudicating the claim to the Court of Claims. In the event a |
14 | | claimant's application is incomplete, the Court shall include |
15 | | in its written notice a list of the information or documents |
16 | | which the claimant must submit in order for the application to |
17 | | be complete. In no case may the Court of Claims deny a claim |
18 | | and subsequently re-adjudicate the same claim for the purpose |
19 | | of evading or reducing the interest penalty payment amount |
20 | | payable to any claimant. |
21 | | (Source: P.A. 102-215, eff. 7-30-21; 103-8, eff. 6-7-23.) |
22 | | (820 ILCS 315/3.5) |
23 | | Sec. 3.5. Burial benefit. A burial benefit of up to a |
24 | | maximum of $20,000 shall be payable to the surviving spouse or |
25 | | estate of a law enforcement officer , mental health |
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1 | | professional, or fireman who is killed in the line of duty |
2 | | after June 30, 2018. |
3 | | The Attorney General and the Court of Claims may jointly |
4 | | adopt rules and procedures for the implementation of this |
5 | | Section. |
6 | | (Source: P.A. 101-28, eff. 1-1-20 .) |
7 | | (820 ILCS 315/4) (from Ch. 48, par. 284) |
8 | | Sec. 4. Notwithstanding Section 3, no compensation is |
9 | | payable under this Act unless a claim therefor is filed, |
10 | | within the time specified by that Section with the Court of |
11 | | Claims on an application prescribed and furnished by the |
12 | | Attorney General and setting forth: |
13 | | (a) the name, address and title or designation of the |
14 | | position in which the officer, civil defense worker, civil |
15 | | air patrol member, paramedic, fireman, chaplain, State |
16 | | employee, or Armed Forces member was serving at the time |
17 | | of his death; |
18 | | (b) the names and addresses of person or persons |
19 | | designated by the officer, civil defense worker, civil air |
20 | | patrol member, paramedic, fireman, chaplain, mental health |
21 | | professional, State employee, or Armed Forces member to |
22 | | receive the compensation and, if more than one, the |
23 | | percentage or share to be paid to each such person, or if |
24 | | there has been no such designation, the name and address |
25 | | of the personal representative of the estate of the |
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1 | | officer, civil defense worker, civil air patrol member, |
2 | | paramedic, fireman, mental health professional, chaplain, |
3 | | State employee, or Armed Forces member; |
4 | | (c) a full, factual account of the circumstances |
5 | | resulting in or the course of events causing the death of |
6 | | the officer, civil defense worker, civil air patrol |
7 | | member, paramedic, fireman, mental health professional, |
8 | | chaplain, State employee, or Armed Forces member; and |
9 | | (d) such other information as the Court of Claims |
10 | | reasonably requires. |
11 | | When a claim is filed, the Attorney General shall make an |
12 | | investigation for substantiation of matters set forth in such |
13 | | an application. |
14 | | For the 2 years immediately following the effective date |
15 | | of this amendatory act of the 96th General Assembly, the Court |
16 | | of Claims shall direct the Comptroller to pay a |
17 | | "Modified-Eligibility Line of Duty Benefit" to eligible late |
18 | | claimants who file a claim for the benefit. A claim for a |
19 | | Modified-Eligibility Line of Duty Benefit must include all the |
20 | | application materials and documents required for all other |
21 | | claims payable under this Act, except as otherwise provided in |
22 | | this Section 4. For purposes of this Section 4 only, an |
23 | | "eligible late claimant" is a person who would have been |
24 | | eligible, at any time after September 11, 2001, to apply for |
25 | | and receive payment of a claim pursuant to this Act in |
26 | | connection with the death of an Armed Forces member killed in |
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1 | | the line of duty or a fireman killed in the line of duty, but |
2 | | did not receive the award payment because: |
3 | | (1) the claim was rejected only because the claim was |
4 | | not filed within the time limitation set forth in |
5 | | subsection (a) of Section 3 of this Act; or |
6 | | (2) having met all other preconditions for applying |
7 | | for and receiving the award payment, the claimant did not |
8 | | file a claim because the claim would not have been filed |
9 | | within the time limitation set forth in subsection (a) of |
10 | | Section 3 of this Act. For purposes of this Section 4 only, |
11 | | the "Modified-Eligibility Line of Duty Benefit" is an |
12 | | amount of money payable to eligible late claimants equal |
13 | | to the amount set forth in Section 3 of this Act payable to |
14 | | claimants seeking payment of awards under Section 3 of |
15 | | this Act for claims made thereunder in the year in which |
16 | | the claim for the Modified-Eligibility Line of Duty |
17 | | Benefit is made. Within 6 months of receiving a complete |
18 | | claim for the Modified-Eligibility Line of Duty Benefit, |
19 | | the Court of Claims must direct the Comptroller to pay the |
20 | | benefit amount to the eligible late claimant. |
21 | | (Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.) |
22 | | Section 15. The Public Safety Employee Benefits Act is |
23 | | amended by changing Section 3 as follows: |
24 | | (820 ILCS 320/3) |
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1 | | Sec. 3. Definition. For the purposes of this Act, the term |
2 | | "firefighter" includes, without limitation, a licensed |
3 | | emergency medical technician (EMT) who is a sworn member of a |
4 | | public fire department, a paramedic employed by a unit of |
5 | | local government, or an EMT, emergency medical |
6 | | technician-intermediate (EMT-I), or advanced emergency medical |
7 | | technician (A-EMT) employed by a unit of local government. |
8 | | For the purposes of this Act, the term "health insurance |
9 | | plan" is limited to the insurance plan options that are |
10 | | codified in the employee's collective bargaining agreement. If |
11 | | the collective bargaining agreement is silent on plan options, |
12 | | the available plans for the employee shall be negotiated with |
13 | | the authorized representative and subject to the grievance |
14 | | process. |
15 | | For the purposes of this Act, the term "full-time law |
16 | | enforcement" includes mental health professionals employed and |
17 | | dispatched by a unit of local government to respond to crisis |
18 | | calls received on public emergency service lines instead of or |
19 | | in conjunction with law enforcement. |
20 | | (Source: P.A. 102-439, eff. 1-1-22 .) |