Full Text of HB3815 102nd General Assembly
HB3815 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3815 Introduced 2/22/2021, by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| New Act | | 820 ILCS 315/2 | from Ch. 48, par. 282 | 820 ILCS 315/3 | from Ch. 48, par. 283 | 820 ILCS 315/4 | from Ch. 48, par. 284 |
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Creates the COVID-19 Family Assistance Program. Provides for the Illinois Department of Public Health to administer a program for the payment of $25,000 to families of persons who die because of COVID-19. Authorizes the Department to adopt rules necessary for the administration of the Program. Requires annual reports to the Governor and General Assembly. Amends the Line of Duty Compensation Act. Creates a benefit of $50,000 for health care workers who die as a result of COVID-19. Defines terms. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | COVID-19 Family Assistance Program Act. | 6 | | Section 5. Findings. The General Assembly finds that: | 7 | | (1) the coronavirus first began to impact Illinois in | 8 | | January of 2020; | 9 | | (2) across Illinois, the COVID-19 pandemic has taken | 10 | | countless lives and created unprecedented challenges for | 11 | | many others; | 12 | | (3) there have been over 20,000 deaths in Illinois as | 13 | | of January 2021; | 14 | | (4) payments for current COVID-19 reimbursement | 15 | | legislation will total over $200,000,000; and | 16 | | (5) this Act will spread the financial burden out over | 17 | | several years.
| 18 | | Section 10. Definitions. | 19 | | "COVID-19" means the illness caused by the coronavirus | 20 | | SARS-CoV-2. | 21 | | "Department" means the Illinois Department of Public | 22 | | health.
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| 1 | | Section 15. COVID-19 Family Assistance Program. | 2 | | (a) There is established within the Department a COVID-19 | 3 | | Family Assistance Program, which is charged with the | 4 | | responsibility of providing assistance to families of persons | 5 | | who die as a result of COVID-19. | 6 | | (b) A family is entitled to assistance under this Act if, | 7 | | within one year after the death of a family member resulting | 8 | | from COVID-19, an application is filed, under oath, with the | 9 | | Department on a form prescribed by the Department. | 10 | | Section 20. Amount of assistance. The amount of assistance | 11 | | under this Act is $25,000 payable in a lump sum. Payments under | 12 | | this Act are subject to appropriation. Payments with respect | 13 | | to persons who died in 2020 shall be made in fiscal year 2022. | 14 | | Payments with respect to persons who die in 2021 shall be made | 15 | | in fiscal year 2023. | 16 | | Section 25. Rules. The Department shall adopt rules | 17 | | necessary for the
administration of the COVID-19 Family | 18 | | Assistance Program. | 19 | | Section 30. Annual report. On or before January 1 of each | 20 | | year, the Department shall report to the Governor and to the | 21 | | General Assembly the following information: | 22 | | (1) the number of claims filed with the Department |
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| 1 | | under this Act; | 2 | | (2) the number of claims approved for payment by the | 3 | | Department during the preceding calendar year; and | 4 | | (3) other information as may be requested by the | 5 | | Governor.
| 6 | | Section 35. Cessation of payments under the Act. | 7 | | Compensation under this Act shall not be paid with respect to a | 8 | | death that resulted from an exposure to COVID-19 occurring | 9 | | after the expiration of all Executive Orders issued by the | 10 | | Governor declaring an emergency as a result of COVID-19. | 11 | | Section 90. The Line of Duty Compensation Act is amended | 12 | | by changing Sections 2, 3, and 4 as follows:
| 13 | | (820 ILCS 315/2)
(from Ch. 48, par. 282)
| 14 | | Sec. 2. As used in this Act, unless the context otherwise | 15 | | requires:
| 16 | | (a) "Law enforcement officer" or "officer" means any | 17 | | person employed
by the State or a local governmental entity as | 18 | | a policeman, peace
officer, auxiliary policeman or in some | 19 | | like position involving the
enforcement of the law and | 20 | | protection of the public interest at the risk of
that person's | 21 | | life. This includes supervisors, wardens, superintendents and
| 22 | | their assistants, guards and keepers, correctional officers, | 23 | | youth
supervisors, parole agents, aftercare specialists, |
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| 1 | | school teachers and correctional counsellors
in all facilities | 2 | | of both the
Department of Corrections and the Department of | 3 | | Juvenile Justice, while within the facilities under the | 4 | | control
of the Department of Corrections or the Department of | 5 | | Juvenile Justice or in the act of transporting inmates
or | 6 | | wards from one location to another or while performing their | 7 | | official
duties, and all other Department of Correction or | 8 | | Department of Juvenile Justice employees who have daily
| 9 | | contact with inmates.
| 10 | | The death of the foregoing employees of the Department of | 11 | | Corrections or the Department of Juvenile Justice
in order to | 12 | | be included herein must be by the direct or indirect willful
| 13 | | act of an inmate, ward, work-releasee, parolee, aftercare | 14 | | releasee, parole violator, aftercare release violator, person
| 15 | | under conditional release, or any person sentenced or | 16 | | committed, or
otherwise subject to confinement in or to the | 17 | | Department of Corrections or the Department of Juvenile | 18 | | Justice.
| 19 | | (b) "Fireman" means any person employed by the State or a | 20 | | local
governmental entity as, or otherwise serving as, a | 21 | | member or officer of
a fire department either for the purpose | 22 | | of the prevention or control of fire
or the underwater | 23 | | recovery of drowning victims, including volunteer firemen.
| 24 | | (c) "Local governmental entity" includes counties, | 25 | | municipalities
and municipal corporations.
| 26 | | (d) "State" means the State of Illinois and its |
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| 1 | | departments,
divisions, boards, bureaus, commissions, | 2 | | authorities and colleges and
universities.
| 3 | | (e) "Killed in the line of duty" means losing one's life as | 4 | | a result
of injury received in the active performance of | 5 | | duties as a law
enforcement officer, civil defense worker, | 6 | | civil air patrol member,
paramedic, fireman, or chaplain if | 7 | | the death occurs within
one year from the date
the injury was | 8 | | received and if that injury arose from violence or other
| 9 | | accidental cause. In the case of health care worker, "killed | 10 | | in the line of duty" means losing one's life as a result of | 11 | | COVID-19. In the case of a State employee, "killed in the line
| 12 | | of duty" means losing one's life as a result of injury received | 13 | | in the
active performance of one's duties as a State employee, | 14 | | if the death occurs
within one year from the date the injury | 15 | | was received and if that injury
arose from a willful act of | 16 | | violence by another State employee committed
during such other | 17 | | employee's course of employment and after January 1,
1988. The | 18 | | term excludes death resulting from the willful
misconduct or | 19 | | intoxication of the officer, civil defense worker, civil
air | 20 | | patrol member, paramedic, fireman, chaplain, or State | 21 | | employee.
However,
the burden of proof of
such willful | 22 | | misconduct or intoxication of the officer, civil defense
| 23 | | worker, civil air patrol member, paramedic,
fireman, chaplain, | 24 | | or State employee is on the Attorney
General. Subject to the | 25 | | conditions set forth in subsection (a) with
respect to | 26 | | inclusion under this Act of Department of Corrections and |
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| 1 | | Department of Juvenile Justice employees
described in that | 2 | | subsection, for the purposes of this Act, instances in
which a | 3 | | law enforcement officer receives an injury in the active
| 4 | | performance of duties as a law enforcement officer include but | 5 | | are not
limited to instances when:
| 6 | | (1) the injury is received as a result of a wilful act | 7 | | of violence
committed other than by the officer and a | 8 | | relationship exists between the
commission of such act and | 9 | | the officer's
performance of his duties as a law | 10 | | enforcement officer, whether or not the
injury is received | 11 | | while the officer is on duty as a law enforcement officer;
| 12 | | (2) the injury is received by the officer while the | 13 | | officer is
attempting to prevent the commission of a | 14 | | criminal act by another or
attempting to apprehend an | 15 | | individual the officer suspects has committed a
crime, | 16 | | whether or not the injury is received while the officer is | 17 | | on duty
as a law enforcement officer;
| 18 | | (3) the injury is received by the officer while the | 19 | | officer is
travelling to or from his employment as a law | 20 | | enforcement officer or during
any meal break, or other | 21 | | break, which takes place during the period in
which the | 22 | | officer is on duty as a law enforcement officer.
| 23 | | In the case of an Armed Forces member, "killed in the line | 24 | | of duty" means
losing one's life while on active duty in | 25 | | connection with the September 11, 2001 terrorist attacks on | 26 | | the United States, Operation Enduring Freedom, Operation |
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| 1 | | Freedom's Sentinel, Operation Iraqi Freedom, Operation New | 2 | | Dawn, or Operation Inherent Resolve.
| 3 | | (f) "Volunteer fireman" means a person having principal | 4 | | employment
other than as a fireman, but who is carried on the | 5 | | rolls of a regularly
constituted fire department either for | 6 | | the purpose of the prevention or
control of fire or the | 7 | | underwater recovery of drowning victims, the members
of which | 8 | | are under the
jurisdiction of the corporate authorities of a | 9 | | city, village,
incorporated town, or fire protection district, | 10 | | and includes a volunteer
member of a fire department organized | 11 | | under the "General Not for Profit
Corporation Act", approved | 12 | | July 17, 1943, as now or hereafter amended,
which is under | 13 | | contract with any city, village, incorporated town, fire
| 14 | | protection district, or persons residing therein, for fire | 15 | | fighting
services. "Volunteer fireman" does not mean an | 16 | | individual who
volunteers assistance without being regularly | 17 | | enrolled as a fireman.
| 18 | | (g) "Civil defense worker" means any person employed by | 19 | | the State or
a local governmental entity as, or otherwise | 20 | | serving as, a member of a
civil defense work force, including | 21 | | volunteer civil defense work forces
engaged in serving the | 22 | | public interest during periods of disaster,
whether natural or | 23 | | man-made.
| 24 | | (h) "Civil air patrol member" means any person employed by | 25 | | the State
or a local governmental entity as, or otherwise | 26 | | serving as, a member of
the organization commonly known as the |
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| 1 | | "Civil Air Patrol", including
volunteer members of the | 2 | | organization commonly known as the "Civil Air Patrol".
| 3 | | (i) "Paramedic" means an Emergency Medical | 4 | | Technician-Paramedic certified by
the Illinois Department of | 5 | | Public Health under the Emergency Medical
Services (EMS) | 6 | | Systems Act, and all other emergency medical personnel
| 7 | | certified by the Illinois Department of Public Health who are | 8 | | members of an
organized body or not-for-profit corporation | 9 | | under the jurisdiction of
a city, village, incorporated town, | 10 | | fire protection district or county, that
provides emergency | 11 | | medical treatment to persons of a defined geographical area.
| 12 | | (j) "State employee" means any employee as defined in | 13 | | Section
14-103.05 of the Illinois Pension Code, as now or | 14 | | hereafter amended.
| 15 | | (k) "Chaplain" means an individual who:
| 16 | | (1) is a chaplain of (i) a fire
department or (ii) a | 17 | | police department
or other agency
consisting of law | 18 | | enforcement officers; and
| 19 | | (2) has been designated a chaplain by (i) the
fire | 20 | | department, police department, or other agency or an | 21 | | officer
or body having jurisdiction over the department or | 22 | | agency or (ii) a labor
organization representing the | 23 | | firemen or law enforcement officers.
| 24 | | (l) "Armed Forces member" means an Illinois resident who | 25 | | is: a member of
the
Armed Forces of the United States; a member | 26 | | of the Illinois National Guard
while on active military |
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| 1 | | service pursuant to an order of the President of the
United | 2 | | States; or a member of any reserve component of the Armed | 3 | | Forces of the
United States while on active military service | 4 | | pursuant to an order of the
President of the United States.
| 5 | | (m) "COVID-19" means the illness caused by the coronavirus | 6 | | SARS-CoV-2. | 7 | | (n) "Health care worker" means a person who has the | 8 | | potential to be exposed to patients and infectious materials | 9 | | such as contaminated medical supplies, contaminated equipment, | 10 | | contaminated environmental surfaces,and contaminated air. | 11 | | "Health care worker" includes, but is not limited to, | 12 | | physicians, nurses, nursing assistants, technicians, emergency | 13 | | medical service personnel, laboratory personnel, and persons | 14 | | not directly involved in patient care such as dietary, | 15 | | housekeeping, laundry, security, maintenance, and volunteers, | 16 | | but who are potentially exposed to infectious diseases. | 17 | | (Source: P.A. 100-226, eff. 8-18-17.)
| 18 | | (820 ILCS 315/3)
(from Ch. 48, par. 283)
| 19 | | Sec. 3. Duty death benefit. | 20 | | (a) If a claim therefor is made within one
year of the date | 21 | | of death of a law enforcement officer, civil
defense worker, | 22 | | civil air patrol member, paramedic, fireman, chaplain, or
| 23 | | State employee killed in the line of duty,
or if a claim | 24 | | therefor is made within 2 years of the date of death of an | 25 | | Armed Forces member killed in the line of duty, compensation |
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| 1 | | shall be paid to the person designated by the law
enforcement | 2 | | officer, civil defense worker, civil air patrol member, | 3 | | paramedic,
fireman, chaplain, State employee, or Armed Forces | 4 | | member. However, if the Armed Forces member was killed in the | 5 | | line of duty before
October 18, 2004, the
claim must be made | 6 | | within one year of October 18, 2004. In the case of a health | 7 | | care worker, if a claim therefor in made within one year of the | 8 | | date of death as a result of COVID-19, compensation shall be | 9 | | paid to the person designated by the deceased.
| 10 | | (b)
The amount of compensation, except for an Armed Forces | 11 | | member or health care worker , shall be $10,000 if the death in | 12 | | the
line of duty occurred prior to January 1, 1974; $20,000 if
| 13 | | such death occurred after December 31, 1973 and before July 1, | 14 | | 1983;
$50,000 if such death occurred on or after July 1, 1983 | 15 | | and before January 1,
1996; $100,000 if the death occurred on | 16 | | or after January 1, 1996 and
before May 18, 2001; $118,000 if | 17 | | the death occurred on or after May
18, 2001 and before July 1, | 18 | | 2002; and $259,038 if the death occurred on or after July 1, | 19 | | 2002 and before January
1, 2003. For an Armed Forces member | 20 | | killed in the line of duty (i) at any time before January 1, | 21 | | 2005, the compensation is $259,038 plus amounts equal to the | 22 | | increases for 2003 and 2004 determined under subsection (c) | 23 | | and (ii) on or after January 1, 2005, the compensation is the | 24 | | amount determined under item (i) plus the applicable increases | 25 | | for 2005 and thereafter determined under subsection (c). For a | 26 | | health care worker whose death is the result of COVID-19, |
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| 1 | | compensation shall be $50,000 and shall not be adjusted as | 2 | | provided in subsection (c). Compensation for the death of a | 3 | | health care worker shall not be paid with respect to a health | 4 | | care worker whose death resulted from an exposure to COVID-19 | 5 | | occurring after the expiration of all Executive Orders issued | 6 | | by the Governor declaring an emergency as a result of | 7 | | COVID-19.
| 8 | | (c) Except as provided in subsection (b), for deaths | 9 | | occurring on or after January 1, 2003, the death
compensation | 10 | | rate for death in the line of duty occurring in a particular
| 11 | | calendar year shall be the death compensation rate for death | 12 | | occurring in the
previous calendar year (or in the case of | 13 | | deaths occurring in 2003, the rate
in effect on December 31, | 14 | | 2002) increased by a percentage thereof equal to
the | 15 | | percentage increase, if any, in the index known as the | 16 | | Consumer Price
Index for All Urban Consumers: U.S. city | 17 | | average, unadjusted, for all items,
as published by the United | 18 | | States Department of Labor, Bureau of Labor
Statistics, for | 19 | | the 12 months ending with the month of June of that previous
| 20 | | calendar year.
| 21 | | (d) If no beneficiary is designated or if no designated | 22 | | beneficiary survives at the death of the law
enforcement | 23 | | officer, civil defense worker, civil air patrol member,
| 24 | | paramedic, fireman, chaplain, or State employee
killed in the | 25 | | line of
duty or health care worker killed as a result of | 26 | | COVID-19 , the compensation shall be paid in accordance with a |
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| 1 | | legally binding will left by the law
enforcement officer, | 2 | | civil defense worker, civil air patrol member,
paramedic, | 3 | | fireman, chaplain, health care worker, or State employee. If | 4 | | the law
enforcement officer, civil defense worker, civil air | 5 | | patrol member,
paramedic, fireman, chaplain, health care | 6 | | worker, or State employee did not leave a legally binding | 7 | | will, the compensation shall be paid as follows:
| 8 | | (1) when there is a surviving spouse, the entire sum | 9 | | shall be paid to
the spouse;
| 10 | | (2) when there is no surviving spouse, but a surviving | 11 | | descendant of the
decedent, the entire sum shall be paid | 12 | | to the decedent's descendants per
stirpes;
| 13 | | (3) when there is neither a surviving spouse nor a | 14 | | surviving descendant,
the entire sum shall be paid to the | 15 | | parents of the decedent in equal parts,
allowing to the | 16 | | surviving parent, if one is dead, the entire sum; and
| 17 | | (4) when there is no surviving spouse, descendant or | 18 | | parent of the
decedent, but there are surviving brothers | 19 | | or sisters, or descendants of a
brother or sister, who | 20 | | were receiving their principal support from the
decedent | 21 | | at his death, the entire sum shall be paid, in equal parts, | 22 | | to the
dependent brothers or sisters or dependent | 23 | | descendant of a brother or
sister. Dependency shall be | 24 | | determined by the Court of Claims based upon
the | 25 | | investigation and report of the Attorney General.
| 26 | | The changes made to this subsection (d) by this amendatory Act |
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| 1 | | of the 94th General Assembly apply to any pending case as long | 2 | | as compensation has not been paid to any party before the | 3 | | effective date of this amendatory Act of the 94th General | 4 | | Assembly.
| 5 | | (d-1) For purposes of subsection (d), in the case of a | 6 | | person killed in the line of duty who was born out of wedlock | 7 | | and was not an adoptive child at the time of the person's | 8 | | death, a person shall be deemed to be a parent of the person | 9 | | killed in the line of duty only if that person would be an | 10 | | eligible parent, as defined in Section 2-2 of the Probate Act | 11 | | of 1975, of the person killed in the line of duty. This | 12 | | subsection (d-1) applies to any pending claim if compensation | 13 | | was not paid to the claimant of the pending claim before the | 14 | | effective date of this amendatory Act of the 94th General | 15 | | Assembly.
| 16 | | (d-2) If no beneficiary is designated or if no designated | 17 | | beneficiary survives at the death of the Armed Forces member | 18 | | killed in the line of duty, the compensation shall be paid in | 19 | | entirety according to the designation made on the most recent | 20 | | version of the Armed Forces member's Servicemembers' Group | 21 | | Life Insurance Election and Certificate ("SGLI"). | 22 | | If no SGLI form exists at the time of the Armed Forces | 23 | | member's death, the compensation shall be paid in accordance | 24 | | with a legally binding will left by the Armed Forces member. | 25 | | If no SGLI form exists for the Armed Forces member and the | 26 | | Armed Forces member did not leave a legally binding will, the |
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| 1 | | compensation shall be paid to the persons and in the priority | 2 | | as set forth in paragraphs (1) through (4) of subsection (d) of | 3 | | this Section. | 4 | | This subsection (d-2) applies to any pending case as long | 5 | | as compensation has not been paid to any party before the | 6 | | effective date of this amendatory Act of the 94th General | 7 | | Assembly.
| 8 | | (e) If there is no beneficiary designated or if no | 9 | | designated beneficiary survives at the death of the
law | 10 | | enforcement officer, civil defense worker, civil air patrol | 11 | | member,
paramedic, fireman, chaplain, State employee, or Armed | 12 | | Forces member
killed in the line of duty or health care worker | 13 | | killed as a result of COVID-19,
and there is no other person or | 14 | | entity to whom compensation is payable under this Section, no | 15 | | compensation shall be payable
under this Act.
| 16 | | (f) No part of such compensation may be paid to any other | 17 | | person for any
efforts in securing such compensation.
| 18 | | (g) This amendatory Act of the 93rd General Assembly | 19 | | applies to claims made on or after October 18, 2004 with | 20 | | respect to an Armed Forces member killed in the line of duty.
| 21 | | (h) In any case for which benefits have not been paid | 22 | | within 6 months of the claim being filed in accordance with | 23 | | this Section, which is pending as of the effective date of this | 24 | | amendatory Act of the 96th General Assembly, and in which | 25 | | there are 2 or more beneficiaries, at least one of whom would | 26 | | receive at least a portion of the total benefit regardless of |
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| 1 | | the manner in which the Court of Claims resolves the claim, the | 2 | | Court shall direct the Comptroller to pay the minimum amount | 3 | | of money which the determinate beneficiary would receive | 4 | | together with all interest payment penalties which have | 5 | | accrued on that portion of the award being paid within 30 days | 6 | | of the effective date of this amendatory Act of the 96th | 7 | | General Assembly. For purposes of this subsection (h), | 8 | | "determinate beneficiary" means the beneficiary who would | 9 | | receive any portion of the total benefit claimed regardless of | 10 | | the manner in which the Court of Claims adjudicates the claim. | 11 | | (i) The Court of Claims shall ensure that all individuals | 12 | | who have filed an application to claim the duty death benefit | 13 | | for a deceased member of the Armed Forces pursuant to this | 14 | | Section or for a fireman pursuant to this Section, or their | 15 | | designated representative, shall have access, on a timely | 16 | | basis and in an efficient manner, to all information related | 17 | | to the court's consideration, processing, or adjudication of | 18 | | the claim, including, but not limited to, the following: | 19 | | (1) a reliable estimate of when the Court of Claims | 20 | | will adjudicate the claim, or if the Court cannot estimate | 21 | | when it will adjudicate the claim, a full written | 22 | | explanation of the reasons for this inability; and | 23 | | (2) a reliable estimate, based upon consultation with | 24 | | the Comptroller, of when the benefit will be paid to the | 25 | | claimant. | 26 | | (j) The Court of Claims shall send written notice to all |
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| 1 | | claimants within 2 weeks of the initiation of a claim | 2 | | indicating whether or not the application is complete. For | 3 | | purposes of this subsection (j), an application is complete if | 4 | | a claimant has submitted to the Court of Claims all documents | 5 | | and information the Court requires for adjudicating and paying | 6 | | the benefit amount. For purposes of this subsection (j), a | 7 | | claim for the duty death benefit is initiated when a claimant | 8 | | submits any of the application materials required for | 9 | | adjudicating the claim to the Court of Claims. In the event a | 10 | | claimant's application is incomplete, the Court shall include | 11 | | in its written notice a list of the information or documents | 12 | | which the claimant must submit in order for the application to | 13 | | be complete.
In no case may the Court of Claims deny a claim | 14 | | and subsequently re-adjudicate the same claim for the purpose | 15 | | of evading or reducing the interest penalty payment amount | 16 | | payable to any claimant. | 17 | | (Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10; | 18 | | 96-923, eff. 1-1-11.)
| 19 | | (820 ILCS 315/4)
(from Ch. 48, par. 284)
| 20 | | Sec. 4. Notwithstanding
Section 3, no compensation is | 21 | | payable under this Act
unless a claim therefor is filed, | 22 | | within the time specified by that
Section with the Court of | 23 | | Claims on an application prescribed and
furnished by the | 24 | | Attorney General and setting forth:
| 25 | | (a) the name, address and title or designation of the |
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| 1 | | position in which
the officer, civil defense worker, civil | 2 | | air patrol member, paramedic,
fireman, chaplain, State | 3 | | employee, or Armed Forces member was
serving at
the time | 4 | | of his death;
| 5 | | (b) the names and addresses of person or persons | 6 | | designated by the
officer, civil defense worker, civil air | 7 | | patrol member, paramedic, fireman,
chaplain,
State | 8 | | employee, health care worker, or Armed Forces member
to | 9 | | receive the compensation and,
if more than one, the | 10 | | percentage or share to be paid to each such person,
or if | 11 | | there has been no
such designation, the name and address | 12 | | of the personal representative of
the estate of the | 13 | | officer, civil defense worker, civil air patrol member,
| 14 | | paramedic, fireman, chaplain, State employee, health care | 15 | | worker, or Armed Forces
member;
| 16 | | (c) a full, factual account of the circumstances | 17 | | resulting in or the
course of events causing the death of | 18 | | the officer, civil defense worker,
civil air patrol | 19 | | member, paramedic, fireman, chaplain, State employee, | 20 | | health care worker,
or Armed Forces member;
and
| 21 | | (d) such other information as the Court of Claims | 22 | | reasonably requires.
| 23 | | When a claim is filed, the Attorney General shall make an | 24 | | investigation
for substantiation of matters set forth in such | 25 | | an application.
| 26 | | For the 2 years immediately following the effective date |
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| 1 | | of this amendatory act of the 96th General Assembly, the Court | 2 | | of Claims shall direct the Comptroller to pay a | 3 | | "Modified-Eligibility Line of Duty Benefit" to eligible late | 4 | | claimants who file a claim for the benefit. A claim for a | 5 | | Modified-Eligibility Line of Duty Benefit must include all the | 6 | | application materials and documents required for all other | 7 | | claims payable under this Act, except as otherwise provided in | 8 | | this Section 4.
For purposes of this Section 4 only, an | 9 | | "eligible late claimant" is a person who would have been | 10 | | eligible, at any time after September 11, 2001, to apply for | 11 | | and receive payment of a claim pursuant to this Act in | 12 | | connection with the death of an Armed Forces member killed in | 13 | | the line of duty or a fireman killed in the line of duty, but | 14 | | did not receive the award payment because: | 15 | | (1) the claim was rejected only because the claim was | 16 | | not filed within the time limitation set forth in | 17 | | subsection (a) of Section 3 of this Act; or | 18 | | (2) having met all other preconditions for applying | 19 | | for and receiving the award payment, the claimant did not | 20 | | file a claim because the claim would not have been filed | 21 | | within the time limitation set forth in subsection (a) of | 22 | | Section 3 of this Act.
For purposes of this Section 4 only, | 23 | | the "Modified-Eligibility Line of Duty Benefit" is an | 24 | | amount of money payable to eligible late claimants equal | 25 | | to the amount set forth in Section 3 of this Act payable to | 26 | | claimants seeking payment of awards under Section 3 of |
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| 1 | | this Act for claims made thereunder in the year in which | 2 | | the claim for the Modified-Eligibility Line of Duty | 3 | | Benefit is made.
Within 6 months of receiving a complete | 4 | | claim for the Modified-Eligibility Line of Duty Benefit, | 5 | | the Court of Claims must direct the Comptroller to pay the | 6 | | benefit amount to the eligible late claimant. | 7 | | (Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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