Full Text of HB5956 96th General Assembly
HB5956 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5956
Introduced 2/10/2010, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
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820 ILCS 315/3 | from Ch. 48, par. 283 |
820 ILCS 315/4 | from Ch. 48, par. 284 |
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Amends the Line of Duty Compensation Act. Provides that the person filing a claim for compensation under the Act for a fireman killed in the line of duty shall have access, on a timely basis and in an efficient manner, to all information related to the court's consideration, processing, or adjudication of the claim. Includes in the definition of "eligible late claimant" persons filing a claim for compensation under the Act for a fireman killed in the line of duty.
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A BILL FOR
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HB5956 |
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LRB096 20692 RLC 36413 b |
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| AN ACT concerning employment.
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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 | 5 |
| changing Sections 3 and 4 as follows:
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| (820 ILCS 315/3)
(from Ch. 48, par. 283)
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| Sec. 3. Duty death benefit. | 8 |
| (a) If a claim therefor is made within one
year of the date | 9 |
| of death of a law enforcement officer, civil
defense worker, | 10 |
| civil air patrol member, paramedic, fireman, chaplain, or
State | 11 |
| employee killed in the line of duty,
or if a claim therefor is | 12 |
| made within 2 years of the date of death of an Armed Forces | 13 |
| member killed in the line of duty, compensation shall be paid | 14 |
| to the person designated by the law
enforcement officer, civil | 15 |
| defense worker, civil air patrol member, paramedic,
fireman, | 16 |
| chaplain, State employee, or Armed Forces member. However, if | 17 |
| the Armed Forces member was killed in the line of duty before
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| October 18, 2004, the
claim must be made within one year of | 19 |
| October 18, 2004.
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| (b)
The amount of compensation, except for an Armed Forces | 21 |
| member, shall be $10,000 if the death in the
line of duty | 22 |
| occurred prior to January 1, 1974; $20,000 if
such death | 23 |
| occurred after December 31, 1973 and before July 1, 1983;
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LRB096 20692 RLC 36413 b |
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| $50,000 if such death occurred on or after July 1, 1983 and | 2 |
| before January 1,
1996; $100,000 if the death occurred on or | 3 |
| after January 1, 1996 and
before May 18, 2001; $118,000 if the | 4 |
| death occurred on or after May
18, 2001 and before July 1, | 5 |
| 2002; and $259,038 if the death occurred on or after July 1, | 6 |
| 2002 and before January
1, 2003. For an Armed Forces member | 7 |
| killed in the line of duty (i) at any time before January 1, | 8 |
| 2005, the compensation is $259,038 plus amounts equal to the | 9 |
| increases for 2003 and 2004 determined under subsection (c) and | 10 |
| (ii) on or after January 1, 2005, the compensation is the | 11 |
| amount determined under item (i) plus the applicable increases | 12 |
| for 2005 and thereafter determined under subsection (c).
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| (c) Except as provided in subsection (b), for deaths | 14 |
| occurring on or after January 1, 2003, the death
compensation | 15 |
| 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 | 17 |
| occurring in the
previous calendar year (or in the case of | 18 |
| deaths occurring in 2003, the rate
in effect on December 31, | 19 |
| 2002) increased by a percentage thereof equal to
the percentage | 20 |
| 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, | 22 |
| for all items,
as published by the United States Department of | 23 |
| Labor, Bureau of Labor
Statistics, for the 12 months ending | 24 |
| with the month of June of that previous
calendar year.
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| (d) If no beneficiary is designated or if no designated | 26 |
| beneficiary survives at the death of the law
enforcement |
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| officer, civil defense worker, civil air patrol member,
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| paramedic, fireman, chaplain, or State employee
killed in the | 3 |
| line of
duty, the compensation shall be paid in accordance with | 4 |
| a legally binding will left by the law
enforcement officer, | 5 |
| civil defense worker, civil air patrol member,
paramedic, | 6 |
| fireman, chaplain, or State employee. If the law
enforcement | 7 |
| officer, civil defense worker, civil air patrol member,
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| paramedic, fireman, chaplain, or State employee did not leave a | 9 |
| legally binding will, the compensation shall be paid as | 10 |
| follows:
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| (1) when there is a surviving spouse, the entire sum | 12 |
| shall be paid to
the spouse;
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| (2) when there is no surviving spouse, but a surviving | 14 |
| descendant of the
decedent, the entire sum shall be paid to | 15 |
| the decedent's descendants per
stirpes;
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| (3) when there is neither a surviving spouse nor a | 17 |
| surviving descendant,
the entire sum shall be paid to the | 18 |
| parents of the decedent in equal parts,
allowing to the | 19 |
| surviving parent, if one is dead, the entire sum; and
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| (4) when there is no surviving spouse, descendant or | 21 |
| parent of the
decedent, but there are surviving brothers or | 22 |
| sisters, or descendants of a
brother or sister, who were | 23 |
| receiving their principal support from the
decedent at his | 24 |
| 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 | 26 |
| brother or
sister. Dependency shall be determined by the |
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| Court of Claims based upon
the investigation and report of | 2 |
| the Attorney General.
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| The changes made to this subsection (d) by this amendatory Act | 4 |
| of the 94th General Assembly apply to any pending case as long | 5 |
| as compensation has not been paid to any party before the | 6 |
| effective date of this amendatory Act of the 94th General | 7 |
| Assembly.
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| (d-1) For purposes of subsection (d), in the case of a | 9 |
| person killed in the line of duty who was born out of wedlock | 10 |
| and was not an adoptive child at the time of the person's | 11 |
| death, a person shall be deemed to be a parent of the person | 12 |
| killed in the line of duty only if that person would be an | 13 |
| eligible parent, as defined in Section 2-2 of the Probate Act | 14 |
| of 1975, of the person killed in the line of duty. This | 15 |
| subsection (d-1) applies to any pending claim if compensation | 16 |
| was not paid to the claimant of the pending claim before the | 17 |
| effective date of this amendatory Act of the 94th General | 18 |
| Assembly.
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| (d-2) If no beneficiary is designated or if no designated | 20 |
| beneficiary survives at the death of the Armed Forces member | 21 |
| killed in the line of duty, the compensation shall be paid in | 22 |
| entirety according to the designation made on the most recent | 23 |
| version of the Armed Forces member's Servicemembers' Group Life | 24 |
| Insurance Election and Certificate ("SGLI"). | 25 |
| If no SGLI form exists at the time of the Armed Forces | 26 |
| member's death, the compensation shall be paid in accordance |
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| with a legally binding will left by the Armed Forces member. | 2 |
| If no SGLI form exists for the Armed Forces member and the | 3 |
| Armed Forces member did not leave a legally binding will, the | 4 |
| compensation shall be paid to the persons and in the priority | 5 |
| as set forth in paragraphs (1) through (4) of subsection (d) of | 6 |
| this Section. | 7 |
| This subsection (d-2) applies to any pending case as long | 8 |
| as compensation has not been paid to any party before the | 9 |
| effective date of this amendatory Act of the 94th General | 10 |
| Assembly.
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| (e) If there is no beneficiary designated or if no | 12 |
| designated beneficiary survives at the death of the
law | 13 |
| enforcement officer, civil defense worker, civil air patrol | 14 |
| member,
paramedic, fireman, chaplain, State employee, or Armed | 15 |
| Forces member
killed in the line of duty
and there is no other | 16 |
| person or entity to whom compensation is payable under this | 17 |
| Section, no compensation shall be payable
under this Act.
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| (f) No part of such compensation may be paid to any other | 19 |
| person for any
efforts in securing such compensation.
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| (g) This amendatory Act of the 93rd General Assembly | 21 |
| applies to claims made on or after October 18, 2004 with | 22 |
| respect to an Armed Forces member killed in the line of duty.
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| (h) In any case for which benefits have not been paid | 24 |
| within 6 months of the claim being filed in accordance with | 25 |
| this Section, which is pending as of the effective date of this | 26 |
| amendatory Act of the 96th General Assembly, and in which there |
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| are 2 or more beneficiaries, at least one of whom would receive | 2 |
| at least a portion of the total benefit regardless of the | 3 |
| manner in which the Court of Claims resolves the claim, the | 4 |
| Court shall direct the Comptroller to pay the minimum amount of | 5 |
| money which the determinate beneficiary would receive together | 6 |
| with all interest payment penalties which have accrued on that | 7 |
| portion of the award being paid within 30 days of the effective | 8 |
| date of this amendatory Act of the 96th General Assembly. For | 9 |
| purposes of this subsection (h), "determinate beneficiary" | 10 |
| means the beneficiary who would receive any portion of the | 11 |
| total benefit claimed regardless of the manner in which the | 12 |
| Court of Claims adjudicates the claim. | 13 |
| (i) The Court of Claims shall ensure that all individuals | 14 |
| who have filed an application to claim the duty death benefit | 15 |
| for a deceased member of the Armed Forces pursuant to this | 16 |
| Section or for a fireman pursuant to this Section , or their | 17 |
| designated representative, shall have access, on a timely basis | 18 |
| and in an efficient manner, to all information related to the | 19 |
| court's consideration, processing, or adjudication of the | 20 |
| claim, including, but not limited to, the following: | 21 |
| (1) a reliable estimate of when the Court of Claims | 22 |
| will adjudicate the claim, or if the Court cannot estimate | 23 |
| when it will adjudicate the claim, a full written | 24 |
| explanation of the reasons for this inability; and | 25 |
| (2) a reliable estimate, based upon consultation with | 26 |
| the Comptroller, of when the benefit will be paid to the |
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| claimant. | 2 |
| (j) The Court of Claims shall send written notice to all | 3 |
| claimants within 2 weeks of the initiation of a claim | 4 |
| indicating whether or not the application is complete. For | 5 |
| purposes of this subsection (j), an application is complete if | 6 |
| a claimant has submitted to the Court of Claims all documents | 7 |
| and information the Court requires for adjudicating and paying | 8 |
| the benefit amount. For purposes of this subsection (j), a | 9 |
| claim for the duty death benefit is initiated when a claimant | 10 |
| submits any of the application materials required for | 11 |
| adjudicating the claim to the Court of Claims. In the event a | 12 |
| claimant's application is incomplete, the Court shall include | 13 |
| in its written notice a list of the information or documents | 14 |
| which the claimant must submit in order for the application to | 15 |
| be complete.
In no case may the Court of Claims deny a claim | 16 |
| and subsequently re-adjudicate the same claim for the purpose | 17 |
| of evading or reducing the interest penalty payment amount | 18 |
| payable to any claimant. | 19 |
| (Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10.)
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| (820 ILCS 315/4)
(from Ch. 48, par. 284)
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| Sec. 4. Notwithstanding
Section 3, no compensation is | 22 |
| payable under this Act
unless a claim therefor is filed, within | 23 |
| the time specified by that
Section with the Court of Claims on | 24 |
| an application prescribed and
furnished by the Attorney General | 25 |
| and setting forth:
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| (a) the name, address and title or designation of the | 2 |
| position in which
the officer, civil defense worker, civil | 3 |
| air patrol member, paramedic,
fireman, chaplain, State | 4 |
| employee, or Armed Forces member was
serving at
the time of | 5 |
| his death;
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| (b) the names and addresses of person or persons | 7 |
| designated by the
officer, civil defense worker, civil air | 8 |
| patrol member, paramedic, fireman,
chaplain,
State | 9 |
| employee, or Armed Forces member
to receive the | 10 |
| compensation and,
if more than one, the percentage or share | 11 |
| to be paid to each such person,
or if there has been no
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| such designation, the name and address of the personal | 13 |
| representative of
the estate of the officer, civil defense | 14 |
| worker, civil air patrol member,
paramedic, fireman, | 15 |
| chaplain, State employee, or Armed Forces
member;
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| (c) a full, factual account of the circumstances | 17 |
| resulting in or the
course of events causing the death of | 18 |
| the officer, civil defense worker,
civil air patrol member, | 19 |
| paramedic, fireman, chaplain, State employee,
or Armed | 20 |
| Forces member;
and
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| (d) such other information as the Court of Claims | 22 |
| reasonably requires.
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| When a claim is filed, the Attorney General shall make an | 24 |
| investigation
for substantiation of matters set forth in such | 25 |
| an application.
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| For the 2 years immediately following the effective date of |
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| this amendatory act of the 96th General Assembly, the Court of | 2 |
| Claims shall direct the Comptroller to pay a | 3 |
| "Modified-Eligibility Line of Duty Benefit" to eligible late | 4 |
| claimants who file a claim for the benefit. A claim for a | 5 |
| Modified-Eligibility Line of Duty Benefit must include all the | 6 |
| application materials and documents required for all other | 7 |
| claims payable under this Act, except as otherwise provided in | 8 |
| this Section 4.
For purposes of this Section 4 only, an | 9 |
| "eligible late claimant" is a person who would have been | 10 |
| eligible, at any time after September 11, 2001, to apply for | 11 |
| and receive payment of a claim pursuant to this Act in | 12 |
| connection with the death of an Armed Forces member killed in | 13 |
| the line of duty or a fireman killed in the line of duty , but | 14 |
| did not receive the award payment because: | 15 |
| (1) the claim was rejected only because the claim was | 16 |
| not filed within the time limitation set forth in | 17 |
| subsection (a) of Section 3 of this Act; or | 18 |
| (2) having met all other preconditions for applying for | 19 |
| and receiving the award payment, the claimant did not file | 20 |
| a claim because the claim would not have been filed within | 21 |
| the time limitation set forth in subsection (a) of Section | 22 |
| 3 of this Act.
For purposes of this Section 4 only, the | 23 |
| "Modified-Eligibility Line of Duty Benefit" is an amount of | 24 |
| money payable to eligible late claimants equal to the | 25 |
| amount set forth in Section 3 of this Act payable to | 26 |
| claimants seeking payment of awards under Section 3 of this |
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| Act for claims made thereunder in the year in which the | 2 |
| claim for the Modified-Eligibility Line of Duty Benefit is | 3 |
| made.
Within 6 months of receiving a complete claim for the | 4 |
| Modified-Eligibility Line of Duty Benefit, the Court of | 5 |
| Claims must direct the Comptroller to pay the benefit | 6 |
| amount to the eligible late claimant. | 7 |
| (Source: P.A. 96-539, eff. 1-1-10.)
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