Section 120.5  General Purpose

 

The intent and purpose of "AN ACT to provide payment of compensation to survivors of certain persons killed while serving in the Armed Forces of the United States" (the Act) are to provide payment to the survivors of members of the armed forces of the United States who have been killed or died as a result of hostile action while on full-time active duty in the armed forces, or while on full-time active duty for training purposes in the armed forces serving as members of the Reserve or Illinois National Guard, during periods which have not been designated as wartime for which a service or campaign medal has been authorized by the United States.  The compensation shall be a one-time payment in the amount of $1,000, made to the beneficiary determined eligible under Section 120.20.

 

Section 120.10  Definition of Terms Used

 

a)         Hostile Action − Those actions or activities of violence or terrorism that cause or result in the death of Illinois Armed Services members.  Examples of hostile actions include, but are not limited to, the bombing of the Marine Barracks in Beirut, Lebanon, the attack on the naval frigate USS Stark in the Persian Gulf, the bombing of a discotheque in Germany, the United States invasion of the Island of Grenada, the taking of military hostages, and attacks upon military forces in countries where encounters with hostile armed forces are imminent.

 

b)         Unfriendly Forces − Any military or political organizations, groups or factions engaging in hostile actions or activities aimed against the United States and its allies while operating in the territories of the United States, foreign nations, third world countries, or allied countries where members of the Armed Forces of the United States are on active duty or on active duty for training purposes.

 

c)         Wartime Period (see 38 USC 101) − Spanish American War (April 21, 1898 through July 15, 1903); World War I (April 6, 1917 through April 1, 1920); World War II (December 7, 1941 through December 31, 1946); Korean Conflict (June 27, 1950 through January 31, 1955); Vietnam Era (August 5, 1964 through May 7, 1975); Persian Gulf War (August 2, 1990 until a date to be determined by Congress); and any further declaration of war by Congress, ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

 

(Source:  Amended at 38 Ill. Reg. 7323, effective March 12, 2014)

 

Section 120.20  Determination of Entitlement

 

A beneficiary must show proof of the following:

 

a)         The deceased person had Illinois residency for at least 12 months immediately preceding entry into military service.  Proof of residency for active duty personnel will consist of information obtained from the Military Casualty Report, enlistment contract, discharge certificates of concurrent military service, employment records, education records, or voter certification.  Proof of residency for Reserve or Illinois National Guard personnel on active duty for training will consist of the Military Casualty Report, enlistment or re-enlistment contract, employment records, education records, or voter certification.

 

b)         The deceased person was on full-time active duty for training as a member of the Reserves or Illinois National Guard at the time of death. Proof of active duty for training will consist of a copy of the orders issued by an authorized headquarters ordering the member to such duty.  For personnel on active duty with the armed forces of the United States at the time of death, the status of active duty service is recognized and no documentation is required.

 

c)         The deceased person's death was service connected as a result of hostile action with unfriendly forces.  Documents acceptable to establish service connected death under this Act will consist of a Military Casualty Report, a statement from the Department of Army, Navy, Air Force, Marines or Cost Guard, or a United States Veterans Administration statement.

 

d)         The widow or widower making application must prove the death of the person rendering military service (subsection (c)), and marriage of the beneficiary to the deceased person at the time of death.

 

e)         The child or children making application must prove the death of the person rendering military service (subsection (c)), marriage of the deceased and other parent of the child or children, and that the legal widow or widower is now deceased or was divorced (certified copy of death or divorce certificate).

 

f)         The mother, father making application must prove the death of the person rendering military service (subsection (c)), that the deceased person was unmarried, or if married that the legal widow or widower is now deceased or was divorced, if there were children that all are dead or that the children are minors in their custody (death certificate or court order), if the father is the applicant that the mother is dead, and that the deceased person was the son or daughter of the applicant (birth certificate).

 

g)         The person standing in loco-parentis making application must prove that he or she stood in relation of parent toward the deceased person rendering military service and comply with (subsection (f)).

 

h)         The brother or sister making application must prove by submission of documentation identified in this Section that no widow or widower, child or children, mother, father, or person standing in loco-parentis has entitlement to claim the compensation, and that the relationship of brother or sister existed between the applicant and the deceased person rendering service (birth certificate of applicant and deceased person).

 

Section 120.30  Documentation, Application, Payment, and Claim

 

a)         Documentation

            All documentation submitted with an application must be certified as a true and exact copy by execution of a notary seal or official stamp of authenticity by a county recorder or government agency possessing the documentation.

 

b)         Application

            The application for compensation under the Act shall be made on forms provided by the Department of Veterans' Affairs and shall be notarized.

 

c)         Payment

 

1)         Payment of the sum of $1,000 will be made to the survivors, in the order named in Section 120.20, provided the deceased person died as a result of service in the Armed Forces according to the provisions of the Act.

 

2)         Payment of the sum of $3,000 will be made to the survivors, in the order named in Section 120.20, provided the deceased person's death was service-connected as a result of hostile action on or after September 11, 2001 and prior to such time as Congress declares such person ineligible for the Global War on Terrorism Expeditionary Medal or the Global War on Terrorism Service Medal [330 ILCS 100/4]. 

 

d)         Claim

            When a preceding beneficiary fails to file a claim for compensation within two years after the official notice of death, the Department of Veterans' Affairs may accept applications from succeeding beneficiaries and the succeeding beneficiaries may then proceed to qualify upon submission of satisfactory proof of eligibility.

 

e)         No right or claim to compensation under this Section may be assigned.

 

(Source:  Amended at 38 Ill. Reg. 7323, effective March 12, 2014)