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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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| AN ACT concerning persons killed in the line of 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 Court of Claims Act is amended by changing |
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| Sections 22 and 24 as follows:
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not |
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| otherwise sooner
barred by law shall be forever barred from |
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| prosecution therein unless it
is filed with the Clerk of the |
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| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed |
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| within 5
years after it first accrues, saving to minors, and |
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| persons under legal
disability at the time the claim accrues, |
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| in which cases the claim must be
filed within 5 years from the |
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| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of |
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| goods or services
under "The Illinois Public Aid Code", |
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| approved April 11, 1967, as amended,
must file within one year |
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| after the accrual of the cause of action, as provided
in |
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| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of |
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| this Act must
be filed within 2 years after the person |
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| asserting such claim is discharged
from prison, or is granted a |
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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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| pardon by the Governor, whichever occurs later,
except as |
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| otherwise provided by the Crime Victims Compensation Act.
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| (d) All claims arising under paragraph (f) of Section 8 of |
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| this Act must
be filed within the time set forth one year of |
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| the date of the death of the law enforcement
officer or fireman |
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| as provided in Section 3 of the Line of Duty "Law Enforcement
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| Officers and Firemen Compensation Act ", approved September 30, |
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| 1969, as amended .
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| (e) All claims arising under paragraph (h) of Section 8 of |
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| this Act must
be filed within one year of the date of the death |
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| of the guardsman or
militiaman as provided in Section 3 of the |
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| "Illinois National Guardsman's
and Naval Militiaman's |
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| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of |
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| this Act must
be filed within one year of the crime on which a |
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| claim is based as
provided in Section 6.1 of the "Crime Victims |
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| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to |
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| issue a
replacement warrant pursuant to Section 10.10 of the |
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| State Comptroller Act
must be filed within 5 years after the |
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| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it |
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| first accrues,
saving to minors, and persons under legal |
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| disability at the time the claim
accrues, in which case the |
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| claim must be filed within 2 years from the time
the disability |
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| ceases.
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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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| (i) The changes made by this amendatory Act of 1989 shall |
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| apply to all
warrants issued within the 5 year period preceding |
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| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the |
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| rules
promulgated under this Act shall be binding and |
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| jurisdictional, except upon
extension authorized by law or rule |
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| and granted pursuant to a motion timely filed.
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| (Source: P.A. 86-458.)
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
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| (1) From funds appropriated by the General Assembly for the |
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| purposes
of this Section the Court may direct
immediate payment |
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| of:
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| (a) All claims arising solely as a result of the |
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| lapsing of an
appropriation out of which the obligation |
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| could have been paid.
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| (b) All claims pursuant to the Line of Duty "Law |
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| Enforcement Officers and Firemen
Compensation Act ", |
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| approved September 30, 1969, as amended .
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| (c) All claims pursuant to the "Illinois National |
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| Guardsman's and
Naval Militiaman's Compensation Act", |
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| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims |
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| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of |
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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated |
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| from the General
Revenue Fund for this purpose, direct the |
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| payment of awards less than $50,000
solely as a result
of the |
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| lapsing of an appropriation originally made from any fund held |
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| by the
State Treasurer. For any such award paid from the |
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| General Revenue Fund, the
court
shall thereafter seek an |
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| appropriation from the fund from which the liability
originally |
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| accrued in reimbursement of the General Revenue Fund.
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| (Source: P.A. 92-357, eff. 8-15-01.)
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| Section 10. 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, or
State |
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| employee , or Armed Forces member killed in the line of duty,
or |
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| if a claim therefor is made within 2 years of the date of death |
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| of an 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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| 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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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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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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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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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 if no designated |
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| beneficiary survives at the death of the law
enforcement |
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| officer, civil defense worker, civil air patrol member,
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| paramedic, fireman, chaplain, or State employee
killed in the |
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| line of
duty, the compensation shall be paid in accordance with |
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| a legally binding will left by the law
enforcement officer, |
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| civil defense worker, civil air patrol member,
paramedic, |
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| fireman, chaplain, or State employee. If the law
enforcement |
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| officer, civil defense worker, civil air patrol member,
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| paramedic, fireman, chaplain, or State employee did not leave a |
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| legally binding will, the compensation shall be paid as |
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| 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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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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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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| The changes made to this subsection (d) by this amendatory Act |
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| of the 94th General Assembly apply to any pending case as long |
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| as compensation has not been paid to any party before the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly.
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| (d-1) For purposes of subsection (d), in the case of a |
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| person killed in the line of duty who was born out of wedlock |
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| and was not an adoptive child at the time of the person's |
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| death, a person shall be deemed to be a parent of the person |
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| killed in the line of duty only if that person would be an |
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| eligible parent, as defined in Section 2-2 of the Probate Act |
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| of 1975, of the person killed in the line of duty. This |
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| subsection (d-1) applies to any pending claim if compensation |
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| was not paid to the claimant of the pending claim before the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly.
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| (d-2) If no beneficiary is designated or if no designated |
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| beneficiary survives at the death of the Armed Forces member |
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HB5370 Engrossed |
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LRB095 15587 WGH 45276 b |
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| killed in the line of duty, the compensation shall be paid in |
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| entirety according to the designation made on the most recent |
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| version of the Armed Forces member's Servicemembers' Group Life |
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| Insurance Election and Certificate ("SGLI"). |
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| If no SGLI form exists at the time of the Armed Forces |
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| member's death, the compensation shall be paid in accordance |
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| with a legally binding will left by the Armed Forces member. |
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| If no SGLI form exists for the Armed Forces member and the |
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| Armed Forces member did not leave a legally binding will, the |
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| compensation shall be paid to the persons and in the priority |
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| as set forth in paragraphs (1) through (4) of subsection (d) of |
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| this Section. |
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| This subsection (d-2) applies to any pending case as long |
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| as compensation has not been paid to any party before the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly.
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| (e) If there is no beneficiary designated or if no |
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| designated beneficiary survives at the death of the
law |
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| enforcement officer, civil defense worker, civil air patrol |
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| member,
paramedic, fireman, chaplain, State employee, or Armed |
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| Forces member
killed in the line of duty
and there is no other |
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| person or entity to whom compensation is payable under this |
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| Section, 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 |