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1 | AN ACT concerning persons killed in the line of duty.
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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 Court of Claims Act is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 22 and 24 as follows:
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6 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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7 | Sec. 22. Every claim cognizable by the Court and not | ||||||||||||||||||||||||||||
8 | otherwise sooner
barred by law shall be forever barred from | ||||||||||||||||||||||||||||
9 | prosecution therein unless it
is filed with the Clerk of the | ||||||||||||||||||||||||||||
10 | Court within the time set forth as follows:
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11 | (a) All claims arising out of a contract must be filed | ||||||||||||||||||||||||||||
12 | within 5
years after it first accrues, saving to minors, and | ||||||||||||||||||||||||||||
13 | persons under legal
disability at the time the claim accrues, | ||||||||||||||||||||||||||||
14 | in which cases the claim must be
filed within 5 years from the | ||||||||||||||||||||||||||||
15 | time the disability ceases.
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16 | (b) All claims cognizable against the State by vendors of | ||||||||||||||||||||||||||||
17 | goods or services
under "The Illinois Public Aid Code", | ||||||||||||||||||||||||||||
18 | approved April 11, 1967, as amended,
must file within one year | ||||||||||||||||||||||||||||
19 | after the accrual of the cause of action, as provided
in | ||||||||||||||||||||||||||||
20 | Section 11-13 of that Code.
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21 | (c) All claims arising under paragraph (c) of Section 8 of | ||||||||||||||||||||||||||||
22 | this Act must
be filed within 2 years after the person | ||||||||||||||||||||||||||||
23 | asserting such claim is discharged
from prison, or is granted a |
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1 | pardon by the Governor, whichever occurs later,
except as | ||||||
2 | otherwise provided by the Crime Victims Compensation Act.
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3 | (d) All claims arising under paragraph (f) of Section 8 of | ||||||
4 | this Act must
be filed within the time set forth one year of | ||||||
5 | the date of the death of the law enforcement
officer or fireman | ||||||
6 | as provided in Section 3 of the Line of Duty "Law Enforcement
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7 | Officers and Firemen Compensation Act ", approved September 30, | ||||||
8 | 1969, as amended .
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9 | (e) All claims arising under paragraph (h) of Section 8 of | ||||||
10 | this Act must
be filed within one year of the date of the death | ||||||
11 | of the guardsman or
militiaman as provided in Section 3 of the | ||||||
12 | "Illinois National Guardsman's
and Naval Militiaman's | ||||||
13 | Compensation Act", approved August 12, 1971, as amended.
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14 | (f) All claims arising under paragraph (g) of Section 8 of | ||||||
15 | this Act must
be filed within one year of the crime on which a | ||||||
16 | claim is based as
provided in Section 6.1 of the "Crime Victims | ||||||
17 | Compensation Act", approved
August 23, 1973, as amended.
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18 | (g) All claims arising from the Comptroller's refusal to | ||||||
19 | issue a
replacement warrant pursuant to Section 10.10 of the | ||||||
20 | State Comptroller Act
must be filed within 5 years after the | ||||||
21 | issue date of such warrant.
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22 | (h) All other claims must be filed within 2 years after it | ||||||
23 | first accrues,
saving to minors, and persons under legal | ||||||
24 | disability at the time the claim
accrues, in which case the | ||||||
25 | claim must be filed within 2 years from the time
the disability | ||||||
26 | ceases.
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1 | (i) The changes made by this amendatory Act of 1989 shall | ||||||
2 | apply to all
warrants issued within the 5 year period preceding | ||||||
3 | the effective date of
this amendatory Act of 1989.
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4 | (j) All time limitations established under this Act and the | ||||||
5 | rules
promulgated under this Act shall be binding and | ||||||
6 | jurisdictional, except upon
extension authorized by law or rule | ||||||
7 | and granted pursuant to a motion timely filed.
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8 | (Source: P.A. 86-458.)
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9 | (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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10 | Sec. 24. Payment of awards.
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11 | (1) From funds appropriated by the General Assembly for the | ||||||
12 | purposes
of this Section the Court may direct
immediate payment | ||||||
13 | of:
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14 | (a) All claims arising solely as a result of the | ||||||
15 | lapsing of an
appropriation out of which the obligation | ||||||
16 | could have been paid.
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17 | (b) All claims pursuant to the Line of Duty "Law | ||||||
18 | Enforcement Officers and Firemen
Compensation Act ", | ||||||
19 | approved September 30, 1969, as amended .
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20 | (c) All claims pursuant to the "Illinois National | ||||||
21 | Guardsman's and
Naval Militiaman's Compensation Act", | ||||||
22 | approved August 12, 1971, as
amended.
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23 | (d) All claims pursuant to the "Crime Victims | ||||||
24 | Compensation Act",
approved August 23, 1973, as amended.
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25 | (e) All other claims wherein the amount of the award of |
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1 | the Court
is less than $5,000.
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2 | (2) The court may, from funds specifically appropriated | ||||||
3 | from the General
Revenue Fund for this purpose, direct the | ||||||
4 | payment of awards less than $50,000
solely as a result
of the | ||||||
5 | lapsing of an appropriation originally made from any fund held | ||||||
6 | by the
State Treasurer. For any such award paid from the | ||||||
7 | General Revenue Fund, the
court
shall thereafter seek an | ||||||
8 | appropriation from the fund from which the liability
originally | ||||||
9 | accrued in reimbursement of the General Revenue Fund.
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10 | (Source: P.A. 92-357, eff. 8-15-01.)
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11 | Section 10. The Line of Duty Compensation Act is amended by | ||||||
12 | changing Section 3 as follows:
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13 | (820 ILCS 315/3)
(from Ch. 48, par. 283)
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14 | Sec. 3. Duty death benefit. | ||||||
15 | (a) If a claim therefor is made within one
year of the date | ||||||
16 | of death of a law enforcement officer, civil
defense worker, | ||||||
17 | civil air patrol member, paramedic, fireman, chaplain, or
State | ||||||
18 | employee , or Armed Forces member killed in the line of duty,
or | ||||||
19 | if a claim therefor is made within 5 years of the date of death | ||||||
20 | of an Armed Forces member killed in the line of duty, | ||||||
21 | compensation shall be paid to the person designated by the law
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22 | enforcement officer, civil defense worker, civil air patrol | ||||||
23 | member, paramedic,
fireman, chaplain, State employee, or Armed | ||||||
24 | Forces member. However, if the Armed Forces member was killed |
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1 | in the line of duty before
October 18, 2004, the
claim must be | ||||||
2 | made within one year of October 18, 2004.
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3 | (b)
The amount of compensation, except for an Armed Forces | ||||||
4 | member, shall be $10,000 if the death in the
line of duty | ||||||
5 | occurred prior to January 1, 1974; $20,000 if
such death | ||||||
6 | occurred after December 31, 1973 and before July 1, 1983;
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7 | $50,000 if such death occurred on or after July 1, 1983 and | ||||||
8 | before January 1,
1996; $100,000 if the death occurred on or | ||||||
9 | after January 1, 1996 and
before May 18, 2001; $118,000 if the | ||||||
10 | death occurred on or after May
18, 2001 and before July 1, | ||||||
11 | 2002; and $259,038 if the death occurred on or after July 1, | ||||||
12 | 2002 and before January
1, 2003. For an Armed Forces member | ||||||
13 | killed in the line of duty (i) at any time before January 1, | ||||||
14 | 2005, the compensation is $259,038 plus amounts equal to the | ||||||
15 | increases for 2003 and 2004 determined under subsection (c) and | ||||||
16 | (ii) on or after January 1, 2005, the compensation is the | ||||||
17 | amount determined under item (i) plus the applicable increases | ||||||
18 | for 2005 and thereafter determined under subsection (c).
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19 | (c) Except as provided in subsection (b), for deaths | ||||||
20 | occurring on or after January 1, 2003, the death
compensation | ||||||
21 | rate for death in the line of duty occurring in a particular
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22 | calendar year shall be the death compensation rate for death | ||||||
23 | occurring in the
previous calendar year (or in the case of | ||||||
24 | deaths occurring in 2003, the rate
in effect on December 31, | ||||||
25 | 2002) increased by a percentage thereof equal to
the percentage | ||||||
26 | increase, if any, in the index known as the Consumer Price
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1 | Index for All Urban Consumers: U.S. city average, unadjusted, | ||||||
2 | for all items,
as published by the United States Department of | ||||||
3 | Labor, Bureau of Labor
Statistics, for the 12 months ending | ||||||
4 | with the month of June of that previous
calendar year.
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5 | (d) If no beneficiary is designated or if no designated | ||||||
6 | beneficiary survives at the death of the law
enforcement | ||||||
7 | officer, civil defense worker, civil air patrol member,
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8 | paramedic, fireman, chaplain, or State employee
killed in the | ||||||
9 | line of
duty, the compensation shall be paid in accordance with | ||||||
10 | a legally binding will left by the law
enforcement officer, | ||||||
11 | civil defense worker, civil air patrol member,
paramedic, | ||||||
12 | fireman, chaplain, or State employee. If the law
enforcement | ||||||
13 | officer, civil defense worker, civil air patrol member,
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14 | paramedic, fireman, chaplain, or State employee did not leave a | ||||||
15 | legally binding will, the compensation shall be paid as | ||||||
16 | follows:
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17 | (1) when there is a surviving spouse, the entire sum | ||||||
18 | shall be paid to
the spouse;
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19 | (2) when there is no surviving spouse, but a surviving | ||||||
20 | descendant of the
decedent, the entire sum shall be paid to | ||||||
21 | the decedent's descendants per
stirpes;
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22 | (3) when there is neither a surviving spouse nor a | ||||||
23 | surviving descendant,
the entire sum shall be paid to the | ||||||
24 | parents of the decedent in equal parts,
allowing to the | ||||||
25 | surviving parent, if one is dead, the entire sum; and
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26 | (4) when there is no surviving spouse, descendant or |
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1 | parent of the
decedent, but there are surviving brothers or | ||||||
2 | sisters, or descendants of a
brother or sister, who were | ||||||
3 | receiving their principal support from the
decedent at his | ||||||
4 | death, the entire sum shall be paid, in equal parts, to the
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5 | dependent brothers or sisters or dependent descendant of a | ||||||
6 | brother or
sister. Dependency shall be determined by the | ||||||
7 | Court of Claims based upon
the investigation and report of | ||||||
8 | the Attorney General.
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9 | The changes made to this subsection (d) by this amendatory Act | ||||||
10 | of the 94th General Assembly apply to any pending case as long | ||||||
11 | as compensation has not been paid to any party before the | ||||||
12 | effective date of this amendatory Act of the 94th General | ||||||
13 | Assembly.
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14 | (d-1) For purposes of subsection (d), in the case of a | ||||||
15 | person killed in the line of duty who was born out of wedlock | ||||||
16 | and was not an adoptive child at the time of the person's | ||||||
17 | death, a person shall be deemed to be a parent of the person | ||||||
18 | killed in the line of duty only if that person would be an | ||||||
19 | eligible parent, as defined in Section 2-2 of the Probate Act | ||||||
20 | of 1975, of the person killed in the line of duty. This | ||||||
21 | subsection (d-1) applies to any pending claim if compensation | ||||||
22 | was not paid to the claimant of the pending claim before the | ||||||
23 | effective date of this amendatory Act of the 94th General | ||||||
24 | Assembly.
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25 | (d-2) If no beneficiary is designated or if no designated | ||||||
26 | beneficiary survives at the death of the Armed Forces member |
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1 | killed in the line of duty, the compensation shall be paid in | ||||||
2 | entirety according to the designation made on the most recent | ||||||
3 | version of the Armed Forces member's Servicemembers' Group Life | ||||||
4 | Insurance Election and Certificate ("SGLI"). | ||||||
5 | If no SGLI form exists at the time of the Armed Forces | ||||||
6 | member's death, the compensation shall be paid in accordance | ||||||
7 | with a legally binding will left by the Armed Forces member. | ||||||
8 | If no SGLI form exists for the Armed Forces member and the | ||||||
9 | Armed Forces member did not leave a legally binding will, the | ||||||
10 | compensation shall be paid to the persons and in the priority | ||||||
11 | as set forth in paragraphs (1) through (4) of subsection (d) of | ||||||
12 | this Section. | ||||||
13 | This subsection (d-2) applies to any pending case as long | ||||||
14 | as compensation has not been paid to any party before the | ||||||
15 | effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly.
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17 | (e) If there is no beneficiary designated or if no | ||||||
18 | designated beneficiary survives at the death of the
law | ||||||
19 | enforcement officer, civil defense worker, civil air patrol | ||||||
20 | member,
paramedic, fireman, chaplain, State employee, or Armed | ||||||
21 | Forces member
killed in the line of duty
and there is no other | ||||||
22 | person or entity to whom compensation is payable under this | ||||||
23 | Section, no compensation shall be payable
under this Act.
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24 | (f) No part of such compensation may be paid to any other | ||||||
25 | person for any
efforts in securing such compensation.
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26 | (g) This amendatory Act of the 93rd General Assembly |
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1 | applies to claims made on or after October 18, 2004 with | ||||||
2 | respect to an Armed Forces member killed in the line of duty.
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3 | (Source: P.A. 93-1047, eff. 10-18-04; 93-1073, eff. 1-18-05; | ||||||
4 | 94-843, eff. 6-8-06; 94-844, eff. 6-8-06.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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