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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
thelaw 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 $10,000shall be 14 paid to the person designated by the alaw 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 killedin 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 this24 amendatory Act of the 92nd General Assembly, and$118,000 if 25 the death occurred on or after May 18, 2001 the effective26 date of this amendatory Act of the 92nd General Assemblyand 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 BeginningJanuary 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 and10 Industry Group: State and Local Government Workers: Public11 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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