State of Illinois
92^nd General Assembly
Legislation

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92_HB3033eng

 
HB3033 Engrossed                               LRB9201941DHmb

 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Law Enforcement Officers, Civil Defense
 5    Workers,  Civil  Air  Patrol  Members,  Paramedics,  Firemen,
 6    Chaplains, and State Employees Compensation Act is amended by
 7    changing Section 3 as follows:

 8        (820 ILCS 315/3) (from Ch. 48, par. 283)
 9        Sec. 3.  If a claim therefor is made within one  year  of
10    the  date  of  death  of  the  law enforcement officer, civil
11    defense worker, civil air patrol member, paramedic,  fireman,
12    chaplain,  or  State  employee, compensation in the amount of
13    $10,000 shall be paid to  the  person  designated  by  a  law
14    enforcement  officer,  civil defense worker, civil air patrol
15    member,  paramedic,  fireman,  chaplain,  or  State  employee
16    killed in the line of duty prior  to  January  1,  1974,  and
17    $20,000  if  such  death occurred after December 31, 1973 and
18    before July 1, 1983, $50,000 if such  death  occurred  on  or
19    after  July  1, 1983 and before January 1, 1996 the effective
20    date of this amendatory Act of  1995,  and  $100,000  if  the
21    death  occurred  on  or  after January 1, 1996 and before the
22    effective date of this amendatory Act  of  the  92nd  General
23    Assembly,  and $118,000 if the death occurred on or after the
24    effective date of this amendatory Act  of  the  92nd  General
25    Assembly and before January 1, 2003.
26        Beginning  January  1,  2003, the death compensation rate
27    for death in the line  of  duty  occurring  in  a  particular
28    calendar  year shall be the death compensation rate for death
29    occurring in  the  previous  calendar  year  increased  by  a
30    percentage  thereof equal to the percentage increase, if any,
31    in the index known as the "Employment Cost Index,  Wages  and
 
HB3033 Engrossed            -2-                LRB9201941DHmb
 1    Salaries,  by Occupation and Industry Group:  State and Local
 2    Government Workers:  Public Administration", as published  by
 3    the  United  States  Department  of  Labor,  Bureau  of Labor
 4    Statistics, for the 12 months ending with the month  of  June
 5    of  that  previous  calendar  year the effective date of this
 6    amendatory Act of 1995.
 7        If no beneficiary is designated or surviving at the death
 8    of the law enforcement officer, civil defense  worker,  civil
 9    air  patrol  member,  paramedic,  fireman, chaplain, or State
10    employee killed in the line of duty, the  compensation  shall
11    be paid as follows:
12             (a)  when  there  is  a surviving spouse, the entire
13        sum shall be paid to the spouse;
14             (b)  when  there  is  no  surviving  spouse,  but  a
15        surviving descendant of  the  decedent,  the  entire  sum
16        shall be paid to the decedent's descendants per stirpes;
17             (c)  when  there is neither a surviving spouse nor a
18        surviving descendant, the entire sum shall be paid to the
19        parents of the decedent in equal parts, allowing  to  the
20        surviving parent, if one is dead, the entire sum; and.
21             (d)  when  there  is no surviving spouse, descendant
22        or parent  of  the  decedent,  but  there  are  surviving
23        brothers  or  sisters,  or  descendants  of  a brother or
24        sister, who were receiving their principal  support  from
25        the  decedent at his death, the entire sum shall be paid,
26        in equal parts, to the dependent brothers or  sisters  or
27        dependent  descendant of a brother or sister.  Dependency
28        shall be determined by the Court of Claims based upon the
29        investigation and report of the Attorney General.
30        When there is no beneficiary designated or  surviving  at
31    the  death  of  the  law  enforcement  officer, civil defense
32    worker,  civil  air  patrol   member,   paramedic,   fireman,
33    chaplain, or State employee killed in the line of duty and no
34    surviving  spouse,  descendant, parent, nor dependent brother
 
HB3033 Engrossed            -3-                LRB9201941DHmb
 1    or sister, or dependent descendant of a brother or sister, no
 2    compensation shall be payable under this Act.
 3        No part of such compensation may be  paid  to  any  other
 4    person for any efforts in securing such compensation.
 5    (Source: P.A. 89-323, eff. 1-1-96.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.

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