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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4827
Introduced 01/18/06, by Rep. Patrick J Verschoore SYNOPSIS AS INTRODUCED: |
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20 ILCS 1805/25.1 new |
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20 ILCS 1825/3 |
from Ch. 129, par. 403 |
820 ILCS 315/3 |
from Ch. 48, par. 283 |
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Amends the Line of Duty Compensation Act. Provides that, if no beneficiary is designated or surviving at the death of an Armed Forces member killed in the line of duty, compensation under the Act shall be paid in the following priority: to the surviving beneficiaries designated in the Armed Forces member's Servicemembers' Group Life Insurance Election and Certificate; in accordance with the Armed Forces member's valid will; or in accordance with the provisions of the Act that apply to other line-of-duty deaths. Contains an applicability provision. Provides that every Illinois National Guard member shall receive in his or her mobilization packet a form to designate beneficiaries under this Act. Requires the Department of Military Affairs to conduct an annual audit to determine whether Illinois National Guard members are receiving the form, that the audit shall include a review of mobilization packets for Illinois National Guard members from all regions of the State, and that the Department of Military Affairs shall report its findings to the Governor, the Lieutenant Governor, and the General Assembly by April 1 of each year. Amends the Military Code of Illinois and the Illinois National Guardsman's Compensation Act to make conforming changes. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4827 |
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LRB094 16264 WGH 51512 b |
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| AN ACT concerning certain individuals killed in the line of |
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| duty.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Military Code of Illinois is amended by |
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| adding Section 25.1 as follows: |
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| (20 ILCS 1805/25.1 new)
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| Sec. 25.1. Line of Duty Compensation Act. The Department of |
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| Military Affairs shall carry out the duties assigned to the |
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| Department under subsection (d-2) of Section
3 of the Line of |
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| Duty
Compensation Act.
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| Section 10. The Illinois National Guardsman's Compensation |
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| Act is amended by changing Section 3 as follows:
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| (20 ILCS 1825/3)
(from Ch. 129, par. 403)
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| Sec. 3. If a claim therefor is made within one year of the |
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| date of the death
of the guardsman, compensation shall be paid |
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| to
the
person designated by such guardsman killed while on |
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| duty. The amount of
compensation shall be equal to the greater |
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| of (i) $100,000 or (ii) the amount
of compensation payable |
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| under Section
3 of the Line of Duty
Compensation Act when an
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| individual to whom that Act applies is killed in the line of |
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| duty. If no
beneficiary is
designated or surviving at the death |
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| of the guardsman killed while on duty, the
compensation shall |
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| be paid as follows:
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| (a) When there is a surviving spouse, the entire sum |
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| shall be paid to
the spouse.
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| (b) When there is no surviving spouse, but a surviving |
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| descendant of the
decedent, the entire sum shall be paid to |
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| the decedent's descendants per
stirpes.
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| (c) When there is neither a surviving spouse nor a |
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HB4827 |
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LRB094 16264 WGH 51512 b |
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| surviving descendant,
the entire sum shall be paid to the |
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| parents of the decedent in equal parts,
allowing to the |
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| surviving parent, if one is dead, the entire sum.
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| (d) When there is no surviving spouse, descendant or |
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| parent of the
decedent, but there are surviving brothers or |
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| sisters, or descendants of a
brother or sister, who were |
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| receiving their principal support from the
decedent at his |
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| death, the entire sum shall be paid, in equal parts, to the
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| dependent brothers or sisters or dependent descendant of a |
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| brother or
sister. Dependency shall be determined by the |
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| Court of Claims based upon
the investigation and report of |
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| the Attorney General.
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| When there is no beneficiary designated or surviving at the |
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| death of the
guardsman killed while on duty and no surviving |
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| spouse,
descendant, parent, dependent brother or sister, or |
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| dependent
descendant
of a brother or sister, no compensation |
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| shall be payable under this Act.
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| No part of such compensation may be paid to any other |
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| person for any
efforts in securing such compensation.
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| If compensation is payable under the Line of Duty
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| Compensation Act because of the death
of a guardsman, the |
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| provisions of that Act shall apply to the payment of that |
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| compensation.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| Section 15. The Line of Duty Compensation Act is amended by |
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| changing Section 3 as follows:
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| (820 ILCS 315/3)
(from Ch. 48, par. 283)
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| Sec. 3. Duty death benefit. |
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| (a) If a claim therefor is made within one
year of the date |
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| of death of a law enforcement officer, civil
defense worker, |
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| civil air patrol member, paramedic, fireman, chaplain,
State |
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| employee, or Armed Forces member killed in the line of duty,
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| compensation shall be paid to the person designated by the law
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| enforcement officer, civil defense worker, civil air patrol |
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HB4827 |
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LRB094 16264 WGH 51512 b |
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| member, paramedic,
fireman, chaplain, State employee, or Armed |
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| Forces member. However, if the Armed Forces member was killed |
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| in the line of duty before
October 18, 2004, the
claim must be |
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| made within one year of October 18, 2004.
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| (b)
The amount of compensation, except for an Armed Forces |
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| member, shall be $10,000 if the death in the
line of duty |
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| occurred prior to January 1, 1974; $20,000 if
such death |
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| occurred after December 31, 1973 and before July 1, 1983;
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| $50,000 if such death occurred on or after July 1, 1983 and |
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| before January 1,
1996; $100,000 if the death occurred on or |
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| after January 1, 1996 and
before May 18, 2001; $118,000 if the |
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| death occurred on or after May
18, 2001 and before July 1, |
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| 2002; and $259,038 if the death occurred on or after July 1, |
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| 2002 and before January
1, 2003. For an Armed Forces member |
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| killed in the line of duty (i) at any time before January 1, |
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| 2005, the compensation is $259,038 plus amounts equal to the |
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| increases for 2003 and 2004 determined under subsection (c) and |
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| (ii) on or after January 1, 2005, the compensation is the |
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| amount determined under item (i) plus the applicable increases |
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| for 2005 and thereafter determined under subsection (c).
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| (c) Except as provided in subsection (b), for deaths |
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| occurring on or after January 1, 2003, the death
compensation |
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| rate for death in the line of duty occurring in a particular
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| calendar year shall be the death compensation rate for death |
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| occurring in the
previous calendar year (or in the case of |
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| deaths occurring in 2003, the rate
in effect on December 31, |
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| 2002) increased by a percentage thereof equal to
the percentage |
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| increase, if any, in the index known as the Consumer Price
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| Index for All Urban Consumers: U.S. city average, unadjusted, |
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| for all items,
as published by the United States Department of |
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| Labor, Bureau of Labor
Statistics, for the 12 months ending |
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| with the month of June of that previous
calendar year.
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| (d) If no beneficiary is designated or surviving at the |
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| death of the law
enforcement officer, civil defense worker, |
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| civil air patrol member,
paramedic, fireman, chaplain, or State |
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| employee , or Armed Forces member
killed in the line of
duty, |
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HB4827 |
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LRB094 16264 WGH 51512 b |
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| the compensation shall be paid as follows:
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| (1) when there is a surviving spouse, the entire sum |
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| shall be paid to
the spouse;
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| (2) when there is no surviving spouse, but a surviving |
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| descendant of the
decedent, the entire sum shall be paid to |
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| the decedent's descendants per
stirpes;
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| (3) when there is neither a surviving spouse nor a |
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| surviving descendant,
the entire sum shall be paid to the |
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| parents of the decedent in equal parts,
allowing to the |
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| surviving parent, if one is dead, the entire sum; and
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| (4) when there is no surviving spouse, descendant or |
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| parent of the
decedent, but there are surviving brothers or |
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| sisters, or descendants of a
brother or sister, who were |
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| receiving their principal support from the
decedent at his |
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| death, the entire sum shall be paid, in equal parts, to the
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| dependent brothers or sisters or dependent descendant of a |
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| brother or
sister. Dependency shall be determined by the |
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| Court of Claims based upon
the investigation and report of |
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| the Attorney General.
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| (d-1) If no beneficiary is designated or surviving at the |
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| death of the Armed Forces member killed in the line of duty, |
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| the compensation shall be paid according to the designation |
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| made on the most recent version of the Armed Forces member's |
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| Servicemembers' Group Life Insurance Election and Certificate. |
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| If no Servicemembers' Group Life Insurance Election and |
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| Certificate form exists for the Armed Forces member at the time |
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| of the Armed Forces member's death, the compensation shall be |
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| paid in accordance with a valid will left by the Armed Forces |
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| member. |
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| If no Servicemembers' Group Life Insurance Election and |
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| Certificate form exists for the Armed Forces member at the time |
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| of the Armed Forces member's death and the Armed Forces member |
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| did not leave a valid will, the compensation shall be paid |
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| pursuant to subsection (d) of this Section. |
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| This subsection (d-1) applies to any pending claim if |
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| compensation was not paid to any party before the effective |
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HB4827 |
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LRB094 16264 WGH 51512 b |
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| date of this amendatory Act of the 94th General Assembly.
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| (d-2) Every Illinois National Guard member shall receive in |
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| his or her mobilization packet a form to designate |
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| beneficiaries under this Act. The Department of Military |
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| Affairs shall conduct an annual audit to determine whether |
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| Illinois National Guard members are receiving the form. The |
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| audit shall include a review of mobilization packets for |
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| Illinois National Guard members from all regions of the State. |
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| The Department of Military Affairs shall report its findings to |
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| the Governor, the Lieutenant Governor, and the General Assembly |
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| by April 1 of each year beginning in 2007.
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| (e) When there is no beneficiary designated or surviving at |
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| the death of the
law enforcement officer, civil defense worker, |
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| civil air patrol member,
paramedic, fireman, chaplain, State |
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| employee, or Armed Forces member
killed in the line of duty
and |
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| no surviving spouse, descendant, parent, dependent brother or |
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| sister, or
dependent descendant of a brother or sister (and, in |
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| the case of an Armed Forces member, there is no other person to |
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| whom compensation is payable in accordance with this Section) , |
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| no compensation shall be payable
under this Act.
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| (f) No part of such compensation may be paid to any other |
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| person for any
efforts in securing such compensation.
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| (g) This amendatory Act of the 93rd General Assembly |
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| applies to claims made on or after October 18, 2004 with |
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| respect to an Armed Forces member killed in the line of duty.
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| (Source: P.A. 92-3, eff. 5-18-01; 92-609, eff. 7-1-02; 93-1047, |
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| eff. 10-18-04; 93-1073, eff. 1-18-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |