State of Illinois
92nd General Assembly
Legislation

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92_HB3033ham001

 










                                           LRB9201941EGfgam01

 1                    AMENDMENT TO HOUSE BILL 3033

 2        AMENDMENT NO.     .  Amend House Bill 3033  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to public employee benefits."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

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

11        (820 ILCS 315/3) (from Ch. 48, par. 283)
12        Sec.  3.   If a claim therefor is made within one year of
13    the date of death  of  the  law  enforcement  officer,  civil
14    defense  worker, civil air patrol member, paramedic, fireman,
15    chaplain, or State employee, compensation in  the  amount  of
16    $10,000  shall  be  paid  to  the  person designated by a law
17    enforcement officer, civil defense worker, civil  air  patrol
18    member,  paramedic,  fireman,  chaplain,  or  State  employee
19    killed  in  the  line  of  duty prior to January 1, 1974, and
20    $20,000 if such death occurred after December  31,  1973  and
21    before  July  1,  1983,  $50,000 if such death occurred on or
 
                            -2-            LRB9201941EGfgam01
 1    after July 1, 1983 and before January 1, 1996  the  effective
 2    date  of  this  amendatory  Act  of 1995, and $100,000 if the
 3    death occurred on or after January 1,  1996  and  before  the
 4    effective  date  of  this  amendatory Act of the 92nd General
 5    Assembly, and $118,000 if the death occurred on or after  the
 6    effective  date  of  this  amendatory Act of the 92nd General
 7    Assembly and before January 1, 2003.
 8        Beginning January 1, 2003, the  death  compensation  rate
 9    for  death  in  the  line  of  duty occurring in a particular
10    calendar year shall be the death compensation rate for  death
11    occurring  in  the  previous  calendar  year  increased  by a
12    percentage thereof equal to the percentage increase, if  any,
13    in  the  index known as the "Employment Cost Index, Wages and
14    Salaries, by Occupation and Industry Group:  State and  Local
15    Government  Workers:  Public Administration", as published by
16    the United  States  Department  of  Labor,  Bureau  of  Labor
17    Statistics,  for  the 12 months ending with the month of June
18    of that previous calendar year the  effective  date  of  this
19    amendatory Act of 1995.
20        If no beneficiary is designated or surviving at the death
21    of  the  law enforcement officer, civil defense worker, civil
22    air patrol member, paramedic,  fireman,  chaplain,  or  State
23    employee  killed  in the line of duty, the compensation shall
24    be paid as follows:
25             (a)  when there is a surviving  spouse,  the  entire
26        sum shall be paid to the spouse;
27             (b)  when  there  is  no  surviving  spouse,  but  a
28        surviving  descendant  of  the  decedent,  the entire sum
29        shall be paid to the decedent's descendants per stirpes;
30             (c)  when there is neither a surviving spouse nor  a
31        surviving descendant, the entire sum shall be paid to the
32        parents  of  the decedent in equal parts, allowing to the
33        surviving parent, if one is dead, the entire sum; and.
34             (d)  when there is no surviving  spouse,  descendant
 
                            -3-            LRB9201941EGfgam01
 1        or  parent  of  the  decedent,  but  there  are surviving
 2        brothers or sisters,  or  descendants  of  a  brother  or
 3        sister,  who  were receiving their principal support from
 4        the decedent at his death, the entire sum shall be  paid,
 5        in  equal  parts, to the dependent brothers or sisters or
 6        dependent descendant of a brother or sister.   Dependency
 7        shall be determined by the Court of Claims based upon the
 8        investigation and report of the Attorney General.
 9        When  there  is no beneficiary designated or surviving at
10    the death of  the  law  enforcement  officer,  civil  defense
11    worker,   civil   air   patrol  member,  paramedic,  fireman,
12    chaplain, or State employee killed in the line of duty and no
13    surviving spouse, descendant, parent, nor  dependent  brother
14    or sister, or dependent descendant of a brother or sister, no
15    compensation shall be payable under this Act.
16        No  part  of  such  compensation may be paid to any other
17    person for any efforts in securing such compensation.
18    (Source: P.A. 89-323, eff. 1-1-96.)

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.".

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