PART 109 FUNERAL AND BURIAL PROCEDURES FOR RESIDENTS OF THE ILLINOIS HOMES : Sections Listing

TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 109 FUNERAL AND BURIAL PROCEDURES FOR RESIDENTS OF THE ILLINOIS HOMES


AUTHORITY: Implementing and authorized by Section 29 of the Children and Family Services Act [20 ILCS 505/29] and Sections 2 and 2.06 of the Department of Veterans Affairs Act [20 ILCS 2805/2 and 2.06].

SOURCE: Filed and effective December 15, 1977; codified at 6 Ill. Reg. 8442; amended at 12 Ill. Reg. 3785, effective January 26, 1988; amended at 25 Ill. Reg. 5967, effective April 17, 2001.

 

Section 109.10  Administration of Burials

 

It shall be the duty of the Administrator of an Illinois Veterans Home to assist in the administration of proper burials of residents of the Home, including notification of next of kin and other concerned individuals and agencies.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.20  Burial Funds

 

a)         Each widow or widower admitted to a Home may deposit money in a resident's trust fund for the purpose of creating a burial fund in the amount of not less than $750.  Proof of pre-established burial fund, insurance, Social Security Death Benefit, or other burial benefits may cause this amount to be reduced accordingly, or waived, provided proof is filed with Adjutant's Office.

 

b)         When a widow or widower who does not have income to establish a sufficient burial fund dies, he or she will be provided burial at the nearest State or Federal veterans cemetery or such alternative site as approved by the Department, not to exceed $750.  If the next of kin requests burial elsewhere, the total expense must then be paid by the estate or next of kin and no allowance will be provided by the State of Illinois.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.30  Custodian of Personal Effects and Funds

 

The Administrator shall be the custodian of all personal effects and funds of the deceased resident and, upon certificates as designated by law, shall release all effects and funds to the resident's estate. Under certain circumstances, it may become necessary to forward the resident's personal effects to another location.  In this event, the shipping expenses will be incurred by the resident's estate, not by the Home.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.40  Burial Requests

 

The Administrator shall act upon burial requests as made by the resident and on file in the Adjutant's Office.  No specific requests being made, he (she) shall upon request have delivered to the nearest relative the body of the deceased resident.  The nearest relatives shall be defined as:

 

a)         the nearest blood relation as cited in 755 ILCS 5/2-1, and

 

b)         those entitled to the personal effects under statutory provisions relating to distribution of intestate estates.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.50  Burials in a Home Cemetery

 

All burials in the Home's cemetery at the Illinois Veterans Home at Quincy or Manteno shall be conducted in accordance with military custom, if at all possible.  The Home chaplain shall conduct services unless other arrangements have been made by the next of kin.  The Adjutant shall act as the Administrator's representative to see that proper burial services are conducted.  The flag of our country shall be properly placed on the casket and removed at the grave and presented to the next of kin.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.60  Proper Respect at Funeral

 

Proper respect to the dead shall be made by flying the post flag and cemetery flags at half mast during the time of a funeral.

 

Section 109.70  Eligibility for Burial in a Home Cemetery

 

Any resident in a Home shall be eligible for burial in a Home cemetery.  All work incident to interments in the cemetery shall be done by State labor, free of cost to relatives and friends.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.80  Headstones and Markers

 

a)         A United States government headstone or marker bearing the name and other identifying data shall be placed at each grave in the Veterans Home Cemetery.  Erection of private monuments shall not be permitted at the Veterans Home Cemetery.  State employees shall set headstones erected at the Veterans' Home Cemetery.

 

b)         Erection of headstones and markers at other than Veterans Home cemeteries shall be the responsibility of the next of kin or estate.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.90  Memorial Day Ceremonies

 

The Administrator shall cause appropriate ceremonies to be held each Memorial Day in the cemetery or upon the grounds of a Home.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.100  Disinterment of Remains in a Home Cemetery

 

The disinterment of the remains of a resident buried in a Home cemetery must be approved by the Administrator and the Director of the Illinois Department of Veterans' Affairs.  Prior special permission must be granted by the County Health Department, and the proper health authorities at the point of destination for reinterment of the remains.  All expenses incidental to disinterment, transportation, and reburial shall be defrayed by the family of the deceased.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)

 

Section 109.110  Permanent Burial Records

 

The Administrator shall assure that permanent burial records be maintained in accordance with State and local laws for all interments in a Home cemetery and kept in the Adjutant's Office.

 

(Source:  Amended at 25 Ill. Reg. 5967, effective April 17, 2001)