Full Text of SB3097 101st General Assembly
SB3097eng 101ST GENERAL ASSEMBLY |
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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 Line of Duty Compensation Act is amended by | 5 | | changing Section 3 as follows:
| 6 | | (820 ILCS 315/3)
(from Ch. 48, par. 283)
| 7 | | 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
| 18 | | October 18, 2004, the
claim must be made within one year of | 19 | | October 18, 2004. In addition, if a death occurred after | 20 | | December 31, 2016 and before January 1, 2021, the claim may be | 21 | | made no later than December 31, 2021 notwithstanding any other | 22 | | deadline established under this Act with respect to filing a | 23 | | claim for a duty death benefit.
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| 1 | | (b)
The amount of compensation, except for an Armed Forces | 2 | | member, shall be $10,000 if the death in the
line of duty | 3 | | occurred prior to January 1, 1974; $20,000 if
such death | 4 | | occurred after December 31, 1973 and before July 1, 1983;
| 5 | | $50,000 if such death occurred on or after July 1, 1983 and | 6 | | before January 1,
1996; $100,000 if the death occurred on or | 7 | | after January 1, 1996 and
before May 18, 2001; $118,000 if the | 8 | | death occurred on or after May
18, 2001 and before July 1, | 9 | | 2002; and $259,038 if the death occurred on or after July 1, | 10 | | 2002 and before January
1, 2003. For an Armed Forces member | 11 | | killed in the line of duty (i) at any time before January 1, | 12 | | 2005, the compensation is $259,038 plus amounts equal to the | 13 | | increases for 2003 and 2004 determined under subsection (c) and | 14 | | (ii) on or after January 1, 2005, the compensation is the | 15 | | amount determined under item (i) plus the applicable increases | 16 | | for 2005 and thereafter determined under subsection (c).
| 17 | | (c) Except as provided in subsection (b), for deaths | 18 | | occurring on or after January 1, 2003, the death
compensation | 19 | | rate for death in the line of duty occurring in a particular
| 20 | | calendar year shall be the death compensation rate for death | 21 | | occurring in the
previous calendar year (or in the case of | 22 | | deaths occurring in 2003, the rate
in effect on December 31, | 23 | | 2002) increased by a percentage thereof equal to
the percentage | 24 | | increase, if any, in the index known as the Consumer Price
| 25 | | Index for All Urban Consumers: U.S. city average, unadjusted, | 26 | | for all items,
as published by the United States Department of |
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| 1 | | Labor, Bureau of Labor
Statistics, for the 12 months ending | 2 | | with the month of June of that previous
calendar year.
| 3 | | (d) If no beneficiary is designated or if no designated | 4 | | beneficiary survives at the death of the law
enforcement | 5 | | officer, civil defense worker, civil air patrol member,
| 6 | | paramedic, fireman, chaplain, or State employee
killed in the | 7 | | line of
duty, the compensation shall be paid in accordance with | 8 | | a legally binding will left by the law
enforcement officer, | 9 | | civil defense worker, civil air patrol member,
paramedic, | 10 | | fireman, chaplain, or State employee. If the law
enforcement | 11 | | officer, civil defense worker, civil air patrol member,
| 12 | | paramedic, fireman, chaplain, or State employee did not leave a | 13 | | legally binding will, the compensation shall be paid as | 14 | | follows:
| 15 | | (1) when there is a surviving spouse, the entire sum | 16 | | shall be paid to
the spouse;
| 17 | | (2) when there is no surviving spouse, but a surviving | 18 | | descendant of the
decedent, the entire sum shall be paid to | 19 | | the decedent's descendants per
stirpes;
| 20 | | (3) when there is neither a surviving spouse nor a | 21 | | surviving descendant,
the entire sum shall be paid to the | 22 | | parents of the decedent in equal parts,
allowing to the | 23 | | surviving parent, if one is dead, the entire sum; and
| 24 | | (4) when there is no surviving spouse, descendant or | 25 | | parent of the
decedent, but there are surviving brothers or | 26 | | sisters, or descendants of a
brother or sister, who were |
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| 1 | | receiving their principal support from the
decedent at his | 2 | | death, the entire sum shall be paid, in equal parts, to the
| 3 | | dependent brothers or sisters or dependent descendant of a | 4 | | brother or
sister. Dependency shall be determined by the | 5 | | Court of Claims based upon
the investigation and report of | 6 | | the Attorney General.
| 7 | | The changes made to this subsection (d) by this amendatory Act | 8 | | of the 94th General Assembly apply 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 | | (d-1) For purposes of subsection (d), in the case of a | 13 | | person killed in the line of duty who was born out of wedlock | 14 | | and was not an adoptive child at the time of the person's | 15 | | death, a person shall be deemed to be a parent of the person | 16 | | killed in the line of duty only if that person would be an | 17 | | eligible parent, as defined in Section 2-2 of the Probate Act | 18 | | of 1975, of the person killed in the line of duty. This | 19 | | subsection (d-1) applies to any pending claim if compensation | 20 | | was not paid to the claimant of the pending claim before the | 21 | | effective date of this amendatory Act of the 94th General | 22 | | Assembly.
| 23 | | (d-2) If no beneficiary is designated or if no designated | 24 | | beneficiary survives at the death of the Armed Forces member | 25 | | killed in the line of duty, the compensation shall be paid in | 26 | | entirety according to the designation made on the most recent |
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| 1 | | version of the Armed Forces member's Servicemembers' Group Life | 2 | | Insurance Election and Certificate ("SGLI"). | 3 | | If no SGLI form exists at the time of the Armed Forces | 4 | | member's death, the compensation shall be paid in accordance | 5 | | with a legally binding will left by the Armed Forces member. | 6 | | If no SGLI form exists for the Armed Forces member and the | 7 | | Armed Forces member did not leave a legally binding will, the | 8 | | compensation shall be paid to the persons and in the priority | 9 | | as set forth in paragraphs (1) through (4) of subsection (d) of | 10 | | this Section. | 11 | | This subsection (d-2) applies to any pending case as long | 12 | | as compensation has not been paid to any party before the | 13 | | effective date of this amendatory Act of the 94th General | 14 | | Assembly.
| 15 | | (e) If there is no beneficiary designated or if no | 16 | | designated beneficiary survives at the death of the
law | 17 | | enforcement officer, civil defense worker, civil air patrol | 18 | | member,
paramedic, fireman, chaplain, State employee, or Armed | 19 | | Forces member
killed in the line of duty
and there is no other | 20 | | person or entity to whom compensation is payable under this | 21 | | Section, no compensation shall be payable
under this Act.
| 22 | | (f) No part of such compensation may be paid to any other | 23 | | person for any
efforts in securing such compensation.
| 24 | | (g) This amendatory Act of the 93rd General Assembly | 25 | | applies to claims made on or after October 18, 2004 with | 26 | | respect to an Armed Forces member killed in the line of duty.
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| 1 | | (h) In any case for which benefits have not been paid | 2 | | within 6 months of the claim being filed in accordance with | 3 | | this Section, which is pending as of the effective date of this | 4 | | amendatory Act of the 96th General Assembly, and in which there | 5 | | are 2 or more beneficiaries, at least one of whom would receive | 6 | | at least a portion of the total benefit regardless of the | 7 | | manner in which the Court of Claims resolves the claim, the | 8 | | Court shall direct the Comptroller to pay the minimum amount of | 9 | | money which the determinate beneficiary would receive together | 10 | | with all interest payment penalties which have accrued on that | 11 | | portion of the award being paid within 30 days of the effective | 12 | | date of this amendatory Act of the 96th General Assembly. For | 13 | | purposes of this subsection (h), "determinate beneficiary" | 14 | | means the beneficiary who would receive any portion of the | 15 | | total benefit claimed regardless of the manner in which the | 16 | | Court of Claims adjudicates the claim. | 17 | | (i) The Court of Claims shall ensure that all individuals | 18 | | who have filed an application to claim the duty death benefit | 19 | | for a deceased member of the Armed Forces pursuant to this | 20 | | Section or for a fireman pursuant to this Section, or their | 21 | | designated representative, shall have access, on a timely basis | 22 | | and in an efficient manner, to all information related to the | 23 | | court's consideration, processing, or adjudication of the | 24 | | claim, including, but not limited to, the following: | 25 | | (1) a reliable estimate of when the Court of Claims | 26 | | will adjudicate the claim, or if the Court cannot estimate |
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| 1 | | when it will adjudicate the claim, a full written | 2 | | explanation of the reasons for this inability; and | 3 | | (2) a reliable estimate, based upon consultation with | 4 | | the Comptroller, of when the benefit will be paid to the | 5 | | claimant. | 6 | | (j) The Court of Claims shall send written notice to all | 7 | | claimants within 2 weeks of the initiation of a claim | 8 | | indicating whether or not the application is complete. For | 9 | | purposes of this subsection (j), an application is complete if | 10 | | a claimant has submitted to the Court of Claims all documents | 11 | | and information the Court requires for adjudicating and paying | 12 | | the benefit amount. For purposes of this subsection (j), a | 13 | | claim for the duty death benefit is initiated when a claimant | 14 | | submits any of the application materials required for | 15 | | adjudicating the claim to the Court of Claims. In the event a | 16 | | claimant's application is incomplete, the Court shall include | 17 | | in its written notice a list of the information or documents | 18 | | which the claimant must submit in order for the application to | 19 | | be complete.
In no case may the Court of Claims deny a claim | 20 | | and subsequently re-adjudicate the same claim for the purpose | 21 | | of evading or reducing the interest penalty payment amount | 22 | | payable to any claimant. | 23 | | (Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10; | 24 | | 96-923, eff. 1-1-11.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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