State of Illinois
92nd General Assembly
Legislation

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92_HB4318eng

 
HB4318 Engrossed                               LRB9215734WHcs

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Law Enforcement Officers,  Civil  Defense
 5    Workers,  Civil  Air  Patrol  Members,  Paramedics,  Firemen,
 6    Chaplains, and State Employees Compensation Act is amended by
 7    changing Section 3 as follows:

 8        (820 ILCS 315/3) (from Ch. 48, par. 283)
 9        Sec. 3.  Duty death benefit.  If a claim therefor is made
10    within one year of the date of death of a the law enforcement
11    officer,  civil  defense  worker,  civil  air  patrol member,
12    paramedic, fireman, chaplain, or State employee killed in the
13    line of duty, compensation in the amount of $10,000 shall  be
14    paid  to  the  person  designated  by  the  a law enforcement
15    officer, civil  defense  worker,  civil  air  patrol  member,
16    paramedic, fireman, chaplain, or State employee.
17        The  amount of compensation shall be $10,000 if the death
18    killed in the line of  duty  occurred  prior  to  January  1,
19    1974;,  and $20,000 if such death occurred after December 31,
20    1973 and before July 1, 1983;, $50,000 if such death occurred
21    on or after  July  1,  1983  and  before  January  1,  1996;,
22    $100,000  if  the  death occurred on or after January 1, 1996
23    and  before  May  18,  2001;  the  effective  date  of   this
24    amendatory  Act of the 92nd General Assembly, and $118,000 if
25    the death occurred on or after May  18,  2001  the  effective
26    date  of this amendatory Act of the 92nd General Assembly and
27    before the effective date of this amendatory Act of the  92nd
28    General  Assembly;  and  $259,038  if  the death occurs on or
29    after the effective date of this amendatory Act of  the  92nd
30    General Assembly and before January 1, 2003.
31        For  deaths  occurring  on  or after Beginning January 1,
 
HB4318 Engrossed            -2-                LRB9215734WHcs
 1    2003, the death compensation rate for death in  the  line  of
 2    duty  occurring  in  a  particular calendar year shall be the
 3    death compensation rate for death occurring in  the  previous
 4    calendar  year  (or  in the case of deaths occurring in 2003,
 5    the rate in effect on  December  31,  2002)  increased  by  a
 6    percentage  thereof equal to the percentage increase, if any,
 7    in the index known as the Consumer Price Index for All  Urban
 8    Consumers:  U.S.  city  average,  unadjusted,  for all items,
 9    "Employment Cost Index, Wages and Salaries, by Occupation and
10    Industry Group: State and Local Government  Workers:   Public
11    Administration", as published by the United States Department
12    of  Labor,  Bureau  of  Labor  Statistics,  for the 12 months
13    ending with the month of June of that previous calendar year.
14        If no beneficiary is designated or surviving at the death
15    of the law enforcement officer, civil defense  worker,  civil
16    air  patrol  member,  paramedic,  fireman, chaplain, or State
17    employee killed in the line of duty, the  compensation  shall
18    be paid as follows:
19             (a)  when  there  is  a surviving spouse, the entire
20        sum shall be paid to the spouse;
21             (b)  when  there  is  no  surviving  spouse,  but  a
22        surviving descendant of  the  decedent,  the  entire  sum
23        shall be paid to the decedent's descendants per stirpes;
24             (c)  when  there is neither a surviving spouse nor a
25        surviving descendant, the entire sum shall be paid to the
26        parents of the decedent in equal parts, allowing  to  the
27        surviving parent, if one is dead, the entire sum; and
28             (d)  when  there  is no surviving spouse, descendant
29        or parent  of  the  decedent,  but  there  are  surviving
30        brothers  or  sisters,  or  descendants  of  a brother or
31        sister, who were receiving their principal  support  from
32        the  decedent at his death, the entire sum shall be paid,
33        in equal parts, to the dependent brothers or  sisters  or
34        dependent  descendant of a brother or sister.  Dependency
 
HB4318 Engrossed            -3-                LRB9215734WHcs
 1        shall be determined by the Court of Claims based upon the
 2        investigation and report of the Attorney General.
 3        When there is no beneficiary designated or  surviving  at
 4    the  death  of  the  law  enforcement  officer, civil defense
 5    worker,  civil  air  patrol   member,   paramedic,   fireman,
 6    chaplain, or State employee killed in the line of duty and no
 7    surviving  spouse,  descendant,  parent, dependent brother or
 8    sister, or dependent descendant of a brother  or  sister,  no
 9    compensation shall be payable under this Act.
10        No  part  of  such  compensation may be paid to any other
11    person for any efforts in securing such compensation.
12    (Source: P.A. 92-3, eff. 5-18-01.)

13        Section 99. Effective date.  This Act takes  effect  upon
14    becoming law.

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