Full Text of HB5251 94th General Assembly
HB5251 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5251
Introduced 1/24/2006, by Rep. Patrick J Verschoore SYNOPSIS AS INTRODUCED: |
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820 ILCS 315/3 |
from Ch. 48, par. 283 |
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Amends provisions regarding the payment of compensation under the Line of Duty Compensation Act. Provides that, in the case of a person killed in the line of duty who was born out of wedlock and was not an adoptive child at the time of the person's death, a person shall be deemed to be a parent of the person killed in the line of duty only if that person would be an eligible parent of the person killed in the line of duty under specified criteria in the Probate Act of 1975. Applies to a pending claim if compensation was not paid before the effective date of the amendatory Act. Effective immediately.
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A BILL FOR
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HB5251 |
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LRB094 19248 WGH 54835 b |
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| AN ACT concerning certain individuals killed in the line of | 2 |
| duty.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Line of Duty Compensation Act is amended by | 6 |
| changing Section 3 as follows:
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| (820 ILCS 315/3)
(from Ch. 48, par. 283)
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| Sec. 3. Duty death benefit. | 9 |
| (a) If a claim therefor is made within one
year of the date | 10 |
| of death of a law enforcement officer, civil
defense worker, | 11 |
| civil air patrol member, paramedic, fireman, chaplain,
State | 12 |
| employee, or Armed Forces member killed in the line of duty,
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| compensation shall be paid to the person designated by the law
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| enforcement officer, civil defense worker, civil air patrol | 15 |
| member, paramedic,
fireman, chaplain, State employee, or Armed | 16 |
| Forces member. However, if the Armed Forces member was killed | 17 |
| in the line of duty before
October 18, 2004, the
claim must be | 18 |
| made within one year of October 18, 2004.
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| (b)
The amount of compensation, except for an Armed Forces | 20 |
| member, shall be $10,000 if the death in the
line of duty | 21 |
| occurred prior to January 1, 1974; $20,000 if
such death | 22 |
| occurred after December 31, 1973 and before July 1, 1983;
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| $50,000 if such death occurred on or after July 1, 1983 and | 24 |
| before January 1,
1996; $100,000 if the death occurred on or | 25 |
| after January 1, 1996 and
before May 18, 2001; $118,000 if the | 26 |
| death occurred on or after May
18, 2001 and before July 1, | 27 |
| 2002; and $259,038 if the death occurred on or after July 1, | 28 |
| 2002 and before January
1, 2003. For an Armed Forces member | 29 |
| killed in the line of duty (i) at any time before January 1, | 30 |
| 2005, the compensation is $259,038 plus amounts equal to the | 31 |
| increases for 2003 and 2004 determined under subsection (c) and | 32 |
| (ii) on or after January 1, 2005, the compensation is the |
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HB5251 |
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LRB094 19248 WGH 54835 b |
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| amount determined under item (i) plus the applicable increases | 2 |
| for 2005 and thereafter determined under subsection (c).
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| (c) Except as provided in subsection (b), for deaths | 4 |
| occurring on or after January 1, 2003, the death
compensation | 5 |
| rate for death in the line of duty occurring in a particular
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| calendar year shall be the death compensation rate for death | 7 |
| occurring in the
previous calendar year (or in the case of | 8 |
| deaths occurring in 2003, the rate
in effect on December 31, | 9 |
| 2002) increased by a percentage thereof equal to
the percentage | 10 |
| increase, if any, in the index known as the Consumer Price
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| Index for All Urban Consumers: U.S. city average, unadjusted, | 12 |
| for all items,
as published by the United States Department of | 13 |
| Labor, Bureau of Labor
Statistics, for the 12 months ending | 14 |
| with the month of June of that previous
calendar year.
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| (d) If no beneficiary is designated or surviving at the | 16 |
| death of the law
enforcement officer, civil defense worker, | 17 |
| civil air patrol member,
paramedic, fireman, chaplain, State | 18 |
| employee, or Armed Forces member
killed in the line of
duty, | 19 |
| the compensation shall be paid as follows:
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| (1) when there is a surviving spouse, the entire sum | 21 |
| shall be paid to
the spouse;
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| (2) when there is no surviving spouse, but a surviving | 23 |
| descendant of the
decedent, the entire sum shall be paid to | 24 |
| the decedent's descendants per
stirpes;
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| (3) when there is neither a surviving spouse nor a | 26 |
| surviving descendant,
the entire sum shall be paid to the | 27 |
| parents of the decedent in equal parts,
allowing to the | 28 |
| surviving parent, if one is dead, the entire sum; and
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| (4) when there is no surviving spouse, descendant or | 30 |
| parent of the
decedent, but there are surviving brothers or | 31 |
| sisters, or descendants of a
brother or sister, who were | 32 |
| receiving their principal support from the
decedent at his | 33 |
| death, the entire sum shall be paid, in equal parts, to the
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| dependent brothers or sisters or dependent descendant of a | 35 |
| brother or
sister. Dependency shall be determined by the | 36 |
| Court of Claims based upon
the investigation and report of |
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| the Attorney General.
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| (d-1) For purposes of subsection (d), in the case of a | 3 |
| person killed in the line of duty who was born out of wedlock | 4 |
| and was not an adoptive child at the time of the person's | 5 |
| death, a person shall be deemed to be a parent of the person | 6 |
| killed in the line of duty only if that person would be an | 7 |
| eligible parent of the person killed in the line of duty under | 8 |
| the criteria set forth in Section 2-2 of the Probate Act of | 9 |
| 1975. This subsection (d-1) applies to any pending claim if | 10 |
| compensation was not paid to the party before the effective | 11 |
| date of this amendatory Act of the 94th General Assembly.
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| (e) When there is no beneficiary designated or surviving at | 13 |
| the death of the
law enforcement officer, civil defense worker, | 14 |
| civil air patrol member,
paramedic, fireman, chaplain, State | 15 |
| employee, or Armed Forces member
killed in the line of duty
and | 16 |
| no surviving spouse, descendant, parent, dependent brother or | 17 |
| sister, or
dependent descendant of a brother or sister, no | 18 |
| compensation shall be payable
under this Act.
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| (f) No part of such compensation may be paid to any other | 20 |
| person for any
efforts in securing such compensation.
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| (g) This amendatory Act of the 93rd General Assembly | 22 |
| applies to claims made on or after October 18, 2004 with | 23 |
| respect to an Armed Forces member killed in the line of duty.
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| (Source: P.A. 92-3, eff. 5-18-01; 92-609, eff. 7-1-02; 93-1047, | 25 |
| eff. 10-18-04; 93-1073, eff. 1-18-05.)
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law.
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