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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | |||||||||||||||||||
5 | changing Section 7 as follows:
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6 | (820 ILCS 305/7) (from Ch. 48, par. 138.7)
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7 | Sec. 7. The amount of compensation which shall be paid for | |||||||||||||||||||
8 | an
accidental injury to the employee resulting in death is:
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9 | (a) If the employee leaves surviving a widow, widower, | |||||||||||||||||||
10 | child or
children, the applicable weekly compensation rate | |||||||||||||||||||
11 | computed in accordance
with subparagraph 2 of paragraph (b) of | |||||||||||||||||||
12 | Section 8, shall be payable
during the life of the widow or | |||||||||||||||||||
13 | widower and if any surviving child or
children shall not be | |||||||||||||||||||
14 | physically or mentally incapacitated then until
the death of | |||||||||||||||||||
15 | the widow or widower or until the youngest child shall
reach | |||||||||||||||||||
16 | the age of 18, whichever shall come later; provided that if | |||||||||||||||||||
17 | such
child or children shall be enrolled as a full time student | |||||||||||||||||||
18 | in any
accredited educational institution, the payments shall | |||||||||||||||||||
19 | continue until
such child has attained the age of 25. In the | |||||||||||||||||||
20 | event any surviving child
or children shall be physically or | |||||||||||||||||||
21 | mentally incapacitated, the payments
shall continue for the | |||||||||||||||||||
22 | duration of such incapacity.
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23 | The term "child" means a child whom the deceased employee | |||||||||||||||||||
24 | left
surviving, including a posthumous child, a child legally | |||||||||||||||||||
25 | adopted, a
child whom the deceased employee was legally | |||||||||||||||||||
26 | obligated to support or a
child to whom the deceased employee | |||||||||||||||||||
27 | stood in loco parentis. The term
"children" means the plural of | |||||||||||||||||||
28 | "child".
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29 | The term "physically or mentally incapacitated child or | |||||||||||||||||||
30 | children"
means a child or children incapable of engaging in | |||||||||||||||||||
31 | regular and
substantial gainful employment.
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32 | In the event of the remarriage of a widow or widower, where |
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1 | the
decedent did not leave surviving any child or children who, | ||||||
2 | at the time
of such remarriage, are entitled to compensation | ||||||
3 | benefits under this
Act, the surviving spouse shall be paid a | ||||||
4 | lump sum equal to 2 years
compensation benefits and all further | ||||||
5 | rights of such widow or widower
shall be extinguished.
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6 | If the employee leaves surviving any child or children | ||||||
7 | under 18 years
of age who at the time of death shall be | ||||||
8 | entitled to compensation under
this paragraph (a) of this | ||||||
9 | Section, the weekly compensation payments
herein provided for | ||||||
10 | such child or children shall in any event continue
for a period | ||||||
11 | of not less than 6 years.
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12 | Any beneficiary entitled to compensation under this | ||||||
13 | paragraph (a) of
this Section shall receive from the special | ||||||
14 | fund provided in paragraph
(f) of this Section, in addition to | ||||||
15 | the compensation herein provided,
supplemental benefits in | ||||||
16 | accordance with paragraph (g) of Section 8.
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17 | (b) If no compensation is payable under paragraph (a) of | ||||||
18 | this
Section and the employee leaves surviving a parent or | ||||||
19 | parents who at the
time of the accident were totally dependent | ||||||
20 | upon the earnings of the
employee then weekly payments equal to | ||||||
21 | the compensation rate payable in
the case where the employee | ||||||
22 | leaves surviving a widow or widower, shall
be paid to such | ||||||
23 | parent or parents for the duration of their lives, and
in the | ||||||
24 | event of the death of either, for the life of the survivor.
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25 | (c) If no compensation is payable under paragraphs (a) or | ||||||
26 | (b) of
this Section and the employee leaves surviving any child | ||||||
27 | or children who
are not entitled to compensation under the | ||||||
28 | foregoing paragraph (a) but
who at the time of the accident | ||||||
29 | were nevertheless in any manner
dependent upon the earnings of | ||||||
30 | the employee, or leaves surviving a
parent or parents who at | ||||||
31 | the time of the accident were partially
dependent upon the | ||||||
32 | earnings of the employee, then there shall be paid to
such | ||||||
33 | dependent or dependents for a period of 8 years weekly | ||||||
34 | compensation
payments at such proportion of the applicable rate | ||||||
35 | if the employee had
left surviving a widow or widower as such | ||||||
36 | dependency bears to total
dependency. In the event of the death |
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1 | of any such beneficiary the share
of such beneficiary shall be | ||||||
2 | divided equally among the surviving
beneficiaries and in the | ||||||
3 | event of the death of the last such
beneficiary all the rights | ||||||
4 | under this paragraph shall be extinguished.
| ||||||
5 | (d) If no compensation is payable under paragraphs (a), (b) | ||||||
6 | or (c)
of this Section and the employee leaves surviving any | ||||||
7 | grandparent,
grandparents, grandchild or grandchildren or | ||||||
8 | collateral heirs dependent
upon the employee's earnings to the | ||||||
9 | extent of 50% or more of total
dependency, then there shall be | ||||||
10 | paid to such dependent or dependents for
a period of 5 years | ||||||
11 | weekly compensation payments at such proportion of
the | ||||||
12 | applicable rate if the employee had left surviving a widow or
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13 | widower as such dependency bears to total dependency. In the | ||||||
14 | event of
the death of any such beneficiary the share of such | ||||||
15 | beneficiary shall be
divided equally among the surviving | ||||||
16 | beneficiaries and in the event of
the death of the last such | ||||||
17 | beneficiary all rights hereunder shall be
extinguished.
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18 | (e) The compensation to be paid for accidental injury which | ||||||
19 | results
in death, as provided in this Section, shall be paid to | ||||||
20 | the persons who
form the basis for determining the amount of | ||||||
21 | compensation to be paid by
the employer, the respective shares | ||||||
22 | to be in the proportion of their
respective dependency at the | ||||||
23 | time of the accident on the earnings of the
deceased. The | ||||||
24 | Commission or an Arbitrator thereof may, in its or his
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25 | discretion, order or award the payment to the parent or | ||||||
26 | grandparent of a
child for the latter's support the amount of | ||||||
27 | compensation which but for
such order or award would have been | ||||||
28 | paid to such child as its share of
the compensation payable, | ||||||
29 | which order or award may be modified from time
to time by the | ||||||
30 | Commission in its discretion with respect to the person
to whom | ||||||
31 | shall be paid the amount of the order or award remaining unpaid
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32 | at the time of the modification.
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33 | The payments of compensation by the employer in accordance | ||||||
34 | with the
order or award of the Commission discharges such | ||||||
35 | employer from all
further obligation as to such compensation.
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36 | (f) The sum of $4200 for burial expenses shall be paid by |
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1 | the
employer to the widow or widower, other dependent, next of | ||||||
2 | kin or to the
person or persons incurring the expense of | ||||||
3 | burial.
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4 | In the event the employer failed to provide necessary first | ||||||
5 | aid,
medical, surgical or hospital service, he shall pay the | ||||||
6 | cost thereof to
the person or persons entitled to compensation | ||||||
7 | under paragraphs (a),
(b), (c) or (d) of this Section, or to | ||||||
8 | the person or persons incurring
the obligation therefore, or | ||||||
9 | providing the same.
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10 | On January 15 and July 15, 1981, and on January 15 and July | ||||||
11 | 15 of each
year thereafter the employer shall within 60 days | ||||||
12 | pay a sum equal to
1/8 of 1% of all compensation payments made | ||||||
13 | by him after July 1, 1980, either
under this Act or the | ||||||
14 | Workers' Occupational Diseases Act, whether by lump
sum | ||||||
15 | settlement or weekly compensation payments, but not including | ||||||
16 | hospital,
surgical or rehabilitation payments, made during the | ||||||
17 | first 6 months and
during the second 6 months respectively of | ||||||
18 | the fiscal year next preceding
the date of the payments, into a | ||||||
19 | special fund which shall be designated the
"Second Injury | ||||||
20 | Fund", of which the State Treasurer is ex-officio custodian,
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21 | such special fund to be held and disbursed for the purposes | ||||||
22 | hereinafter
stated in paragraphs (f) and (g) of Section 8, | ||||||
23 | either upon the order of the
Commission or of a competent | ||||||
24 | court. Said special fund shall be deposited
the same as are | ||||||
25 | State funds and any interest accruing thereon shall be
added | ||||||
26 | thereto every 6 months. It is subject to audit the same as | ||||||
27 | State
funds and accounts and is protected by the General bond | ||||||
28 | given by the State
Treasurer. It is considered always | ||||||
29 | appropriated for the purposes of
disbursements as provided in | ||||||
30 | Section 8, paragraph (f), of this Act, and
shall be paid out | ||||||
31 | and disbursed as therein provided and shall not at any
time be | ||||||
32 | appropriated or diverted to any other use or purpose.
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33 | On January 15, 1991, the employer shall further pay a sum | ||||||
34 | equal to one
half of 1% of all compensation payments made by | ||||||
35 | him from January 1, 1990
through June 30, 1990 either under | ||||||
36 | this Act or under the Workers'
Occupational Diseases Act, |
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1 | whether by lump sum settlement or weekly
compensation payments, | ||||||
2 | but not including hospital, surgical or
rehabilitation | ||||||
3 | payments, into an additional Special Fund which shall be
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4 | designated as the "Rate Adjustment Fund". On March 15, 1991, | ||||||
5 | the employer
shall pay into the Rate Adjustment Fund a sum | ||||||
6 | equal to one half of 1% of
all such compensation payments made | ||||||
7 | from July 1, 1990 through December 31,
1990. Within 60 days | ||||||
8 | after July 15, 1991, the employer shall pay into the
Rate | ||||||
9 | Adjustment Fund a sum equal to one half of 1% of all such | ||||||
10 | compensation
payments made from January 1, 1991 through June | ||||||
11 | 30, 1991. Within 60 days
after January 15 of 1992 and each
| ||||||
12 | subsequent year through 1996, the employer shall pay
into the | ||||||
13 | Rate Adjustment Fund a sum equal to one half of 1% of all such
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14 | compensation payments made in the last 6 months of the | ||||||
15 | preceding calendar
year. Within 60 days after July 15 of 1992 | ||||||
16 | and each subsequent year through
1995, the employer shall pay | ||||||
17 | into the Rate Adjustment Fund a sum equal to one
half of 1% of | ||||||
18 | all such compensation payments made in the first 6 months of | ||||||
19 | the
same calendar year. Within 60 days after January 15 of 1997 | ||||||
20 | and each subsequent
year, the employer shall pay into the Rate | ||||||
21 | Adjustment Fund a sum equal to
three-fourths of 1% of all such | ||||||
22 | compensation payments made in the last 6 months
of the | ||||||
23 | preceding calendar year. Within 60 days after July 15 of 1996 | ||||||
24 | and each
subsequent year, the employer shall pay into the Rate | ||||||
25 | Adjustment Fund a sum
equal to three-fourths of 1% of all such | ||||||
26 | compensation payments made in the
first 6 months of the same | ||||||
27 | calendar year. The administrative costs of
collecting | ||||||
28 | assessments from employers for the Rate Adjustment Fund shall | ||||||
29 | be
paid from the
Rate Adjustment Fund. The cost of an actuarial | ||||||
30 | audit of the Fund shall be paid
from the Rate Adjustment Fund | ||||||
31 | and the audit shall be completed no later than
July 1, 1997. | ||||||
32 | The State Treasurer is ex officio custodian of such Special
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33 | Fund and the same shall be held and disbursed for the purposes | ||||||
34 | hereinafter
stated in paragraphs (f) and (g) of Section 8 upon | ||||||
35 | the order of the
Commission or of a competent court. The Rate | ||||||
36 | Adjustment Fund shall be
deposited the same as are State funds |
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1 | and any interest accruing thereon
shall be added thereto every | ||||||
2 | 6 months. It shall be subject to audit the
same as State funds | ||||||
3 | and accounts and shall be protected by the general bond
given | ||||||
4 | by the State Treasurer. It is considered always appropriated | ||||||
5 | for the
purposes of disbursements as provided in paragraphs (f) | ||||||
6 | and (g) of Section
8 of this Act and shall be paid out and | ||||||
7 | disbursed as therein provided and
shall not at any time be | ||||||
8 | appropriated or diverted to any other use or
purpose. Within 5 | ||||||
9 | days after the effective date of this amendatory Act of
1990, | ||||||
10 | the Comptroller and the State Treasurer shall transfer | ||||||
11 | $1,000,000
from the General Revenue Fund to the Rate Adjustment | ||||||
12 | Fund. By February 15,
1991, the Comptroller and the State | ||||||
13 | Treasurer shall transfer $1,000,000
from the Rate Adjustment | ||||||
14 | Fund to the General Revenue Fund. The Comptroller and Treasurer | ||||||
15 | are authorized to make
transfers at the
request of the Chairman | ||||||
16 | up to a total of $15,000,000
from the Second Injury Fund, the | ||||||
17 | General Revenue Fund, and the Workers'
Compensation Benefit | ||||||
18 | Trust
Fund to the Rate Adjustment Fund to the extent that there | ||||||
19 | is insufficient
money in the Rate Adjustment Fund to pay claims | ||||||
20 | and obligations. Amounts may
be transferred from the General | ||||||
21 | Revenue Fund only if the funds in the Second
Injury Fund or the | ||||||
22 | Workers' Compensation Benefit Trust Fund are insufficient to
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23 | pay claims and obligations of the Rate Adjustment Fund. All
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24 | amounts transferred from the Second Injury Fund, the General | ||||||
25 | Revenue Fund,
and the Workers'
Compensation Benefit Trust Fund | ||||||
26 | shall be repaid from the Rate Adjustment
Fund within 270 days | ||||||
27 | of a transfer, together with interest at the rate
earned by | ||||||
28 | moneys on deposit in the Fund or Funds from which the moneys | ||||||
29 | were
transferred.
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30 | Upon a finding by the Commission, after reasonable notice | ||||||
31 | and hearing,
that any employer has willfully and knowingly
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32 | failed to pay the proper
amounts into the Second Injury Fund or | ||||||
33 | the Rate Adjustment Fund required by
this Section or if such | ||||||
34 | payments are not made within the time periods
prescribed by | ||||||
35 | this Section, the employer shall, in addition to such
payments, | ||||||
36 | pay a penalty of 20% of the amount required to be paid or |
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1 | $2,500,
whichever is greater, for each year or part thereof of | ||||||
2 | such failure to pay.
This penalty shall only apply to | ||||||
3 | obligations of an employer to the
Second Injury Fund or the | ||||||
4 | Rate Adjustment Fund accruing after the effective
date of this | ||||||
5 | amendatory Act of 1989. All or part of such a penalty may be
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6 | waived by the Commission for good cause shown.
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7 | Any obligations of an employer to the Second Injury Fund | ||||||
8 | and Rate
Adjustment Fund accruing prior to the effective date | ||||||
9 | of this amendatory Act
of 1989 shall be paid in full by such | ||||||
10 | employer within 5 years of the
effective date of this | ||||||
11 | amendatory Act of 1989, with at least one-fifth of
such | ||||||
12 | obligation to be paid during each year following the effective | ||||||
13 | date of
this amendatory Act of 1989. If the Commission finds, | ||||||
14 | following reasonable
notice and hearing, that an employer has | ||||||
15 | failed to make timely payment of
any obligation accruing under | ||||||
16 | the preceding sentence, the employer shall,
in addition to all | ||||||
17 | other payments required by this Section, be liable for a
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18 | penalty equal to 20% of the overdue obligation or $2,500, | ||||||
19 | whichever is
greater, for each year or part thereof that | ||||||
20 | obligation is overdue.
All or part of such a penalty may be | ||||||
21 | waived by the Commission for
good cause shown.
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22 | The Chairman of the Industrial Commission shall, annually, | ||||||
23 | furnish to the
Director of the Department of Insurance a list | ||||||
24 | of the amounts paid into the
Second Injury Fund and the Rate | ||||||
25 | Adjustment Fund by each insurance company
on behalf of their | ||||||
26 | insured employers. The Director shall verify to the
Chairman | ||||||
27 | that the amounts paid by each insurance company are accurate as
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28 | best as the Director can determine from the records available | ||||||
29 | to the
Director. The Chairman shall verify that the amounts | ||||||
30 | paid by each
self-insurer are accurate as best as the Chairman | ||||||
31 | can determine from
records available to the Chairman. The | ||||||
32 | Chairman may require each
self-insurer to provide information | ||||||
33 | concerning the total compensation
payments made upon which | ||||||
34 | contributions to the Second Injury Fund and the
Rate Adjustment | ||||||
35 | Fund are predicated and any additional information
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36 | establishing that such payments have been made into these |
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1 | funds. Any
deficiencies in payments noted by the Director or | ||||||
2 | Chairman shall be subject
to the penalty provisions of this | ||||||
3 | Act.
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4 | The State Treasurer, or his duly authorized | ||||||
5 | representative, shall be
named as a party to all proceedings in | ||||||
6 | all cases involving claim for the
loss of, or the permanent and | ||||||
7 | complete loss of the use of one eye, one
foot, one leg, one arm | ||||||
8 | or one hand.
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9 | The State Treasurer or his duly authorized agent shall have | ||||||
10 | the same
rights as any other party to the proceeding, including | ||||||
11 | the right to
petition for review of any award. The reasonable | ||||||
12 | expenses of
litigation, such as medical examinations, | ||||||
13 | testimony, and transcript of
evidence, incurred by the State | ||||||
14 | Treasurer or his duly authorized
representative, shall be borne | ||||||
15 | by the Second Injury Fund.
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16 | If the award is not paid within 30 days after the date the | ||||||
17 | award has
become final, the Commission shall proceed to take | ||||||
18 | judgment thereon in
its own name as is provided for other | ||||||
19 | awards by paragraph (g) of Section
19 of this Act and take the | ||||||
20 | necessary steps to collect the award.
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21 | Any person, corporation or organization who has paid or | ||||||
22 | become liable
for the payment of burial expenses of the | ||||||
23 | deceased employee may in his
or its own name institute | ||||||
24 | proceedings before the Commission for the
collection thereof.
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25 | For the purpose of administration, receipts and | ||||||
26 | disbursements, the
Special Fund provided for in paragraph (f) | ||||||
27 | of this Section shall be
administered jointly with the Special | ||||||
28 | Fund provided for in Section 7,
paragraph (f) of the Workers' | ||||||
29 | Occupational Diseases Act.
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30 | (g) All compensation, except for burial expenses provided | ||||||
31 | in this
Section to be paid in case accident results in death, | ||||||
32 | shall be paid in
installments equal to the percentage of the | ||||||
33 | average earnings as provided
for in Section 8, paragraph (b) of | ||||||
34 | this Act, at the same intervals at
which the wages or earnings | ||||||
35 | of the employees were paid. If this is not
feasible, then the | ||||||
36 | installments shall be paid weekly. Such compensation
may be |
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1 | paid in a lump sum upon petition as provided in Section 9 of | ||||||
2 | this
Act. However, in addition to the benefits provided by | ||||||
3 | Section 9 of this
Act where compensation for death is payable | ||||||
4 | to the deceased's widow,
widower or to the deceased's widow, | ||||||
5 | widower and one or more children,
and where a partial lump sum | ||||||
6 | is applied for by such beneficiary or
beneficiaries within 18 | ||||||
7 | months after the deceased's death, the
Commission may, in its | ||||||
8 | discretion, grant a partial lump sum of not to
exceed 100 weeks | ||||||
9 | of the compensation capitalized at their present value
upon the | ||||||
10 | basis of interest calculated at 3% per annum with annual rests,
| ||||||
11 | upon a showing that such partial lump sum is for the best | ||||||
12 | interest of
such beneficiary or beneficiaries.
| ||||||
13 | (h) In case the injured employee is under 16 years of age | ||||||
14 | at the
time of the accident and is illegally employed, the | ||||||
15 | amount of
compensation payable under paragraphs (a), (b), (c), | ||||||
16 | (d) and (f) of this
Section shall be increased 50%.
| ||||||
17 | Nothing herein contained repeals or amends the provisions | ||||||
18 | of the Child
Labor Law relating to the employment of minors | ||||||
19 | under the age of 16 years.
| ||||||
20 | However, where an employer has on file an employment | ||||||
21 | certificate
issued pursuant to the Child Labor Law or work | ||||||
22 | permit issued pursuant
to the Federal Fair Labor Standards Act, | ||||||
23 | as amended, or a birth
certificate properly and duly issued, | ||||||
24 | such certificate, permit or birth
certificate is conclusive | ||||||
25 | evidence as to the age of the injured minor
employee for the | ||||||
26 | purposes of this Section only.
| ||||||
27 | (i) Whenever the dependents of a deceased employee are | ||||||
28 | aliens not
residing in the United States, Mexico or Canada, the | ||||||
29 | amount of
compensation payable is limited to the beneficiaries | ||||||
30 | described in
paragraphs (a), (b) and (c) of this Section and is | ||||||
31 | 50% of the
compensation provided in paragraphs (a), (b) and (c) | ||||||
32 | of this Section,
except as otherwise provided by treaty.
| ||||||
33 | In a case where any of the persons who would be entitled to
| ||||||
34 | compensation is living at any place outside of the United | ||||||
35 | States, then
payment shall be made to the personal | ||||||
36 | representative of the deceased
employee. The distribution by |
| |||||||
| |||||||
1 | such personal representative to the
persons entitled shall be | ||||||
2 | made to such persons and in such manner as the
Commission | ||||||
3 | orders.
| ||||||
4 | (Source: P.A. 92-714, eff. 1-1-03.)
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|