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| Public Act 094-0844 |
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AN ACT concerning certain individuals 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 Illinois National Guardsman's Compensation | ||||
Act is amended, if and only if House Bill 5251 of the 94th | ||||
General Assembly becomes law, 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 | ||||
date of the death
of the guardsman, compensation shall be paid | ||||
to
the
person designated by such guardsman killed while on | ||||
duty. The amount of
compensation shall be equal to the greater | ||||
of (i) $100,000 or (ii) the amount
of compensation payable | ||||
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 | ||||
duty. If no
beneficiary is
designated or surviving at the death | ||||
of the guardsman killed while on duty, the
compensation shall | ||||
be paid as follows:
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(a) When there is a surviving spouse, the entire sum | ||||
shall be paid to
the spouse.
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(b) When there is no surviving spouse, but a surviving | ||||
descendant of the
decedent, the entire sum shall be paid to | ||||
the decedent's descendants per
stirpes.
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(c) When there is neither a surviving spouse nor a | ||||
surviving descendant,
the entire sum shall be paid to the | ||||
parents of the decedent in equal parts,
allowing to the | ||||
surviving parent, if one is dead, the entire sum.
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(d) When there is no surviving spouse, descendant or | ||||
parent of the
decedent, but there are surviving brothers or | ||||
sisters, or descendants of a
brother or sister, who were | ||||
receiving their principal support from the
decedent at his | ||||
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 | ||
brother or
sister. Dependency shall be determined by the | ||
Court of Claims based upon
the investigation and report of | ||
the Attorney General.
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When there is no beneficiary designated or surviving at the | ||
death of the
guardsman killed while on duty and no surviving | ||
spouse,
descendant, parent, dependent brother or sister, or | ||
dependent
descendant
of a brother or sister, no compensation | ||
shall be payable under this Act.
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No part of such compensation may be paid to any other | ||
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 | ||
provisions of that Act shall apply to the payment of that | ||
compensation.
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(Source: P.A. 93-1047, eff. 10-18-04.)
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Section 10. The Line of Duty Compensation Act is amended, | ||
if and only if House Bill 5251 of the 94th General Assembly | ||
becomes law, by 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. | ||
(a) If a claim therefor is made within one
year of the date | ||
of death of a law enforcement officer, civil
defense worker, | ||
civil air patrol member, paramedic, fireman, chaplain,
State | ||
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 | ||
member, paramedic,
fireman, chaplain, State employee, or Armed | ||
Forces member. However, if the Armed Forces member was killed | ||
in the line of duty before
October 18, 2004, the
claim must be | ||
made within one year of October 18, 2004.
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(b)
The amount of compensation, except for an Armed Forces | ||
member, shall be $10,000 if the death in the
line of duty | ||
occurred prior to January 1, 1974; $20,000 if
such death | ||
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 | ||
before January 1,
1996; $100,000 if the death occurred on or | ||
after January 1, 1996 and
before May 18, 2001; $118,000 if the | ||
death occurred on or after May
18, 2001 and before July 1, | ||
2002; and $259,038 if the death occurred on or after July 1, | ||
2002 and before January
1, 2003. For an Armed Forces member | ||
killed in the line of duty (i) at any time before January 1, | ||
2005, the compensation is $259,038 plus amounts equal to the | ||
increases for 2003 and 2004 determined under subsection (c) and | ||
(ii) on or after January 1, 2005, the compensation is the | ||
amount determined under item (i) plus the applicable increases | ||
for 2005 and thereafter determined under subsection (c).
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(c) Except as provided in subsection (b), for deaths | ||
occurring on or after January 1, 2003, the death
compensation | ||
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 | ||
occurring in the
previous calendar year (or in the case of | ||
deaths occurring in 2003, the rate
in effect on December 31, | ||
2002) increased by a percentage thereof equal to
the percentage | ||
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, | ||
for all items,
as published by the United States Department of | ||
Labor, Bureau of Labor
Statistics, for the 12 months ending | ||
with the month of June of that previous
calendar year.
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(d) If no beneficiary is designated or if no designated | ||
beneficiary survives
or surviving at the death of the law
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enforcement officer, civil defense worker, civil air patrol | ||
member,
paramedic, fireman, chaplain, or State employee, or | ||
Armed Forces member
killed in the line of
duty, the | ||
compensation shall be paid in accordance with a legally binding | ||
will left by the law
enforcement officer, civil defense worker, | ||
civil air patrol member,
paramedic, fireman, chaplain, or State | ||
employee. If the law
enforcement officer, civil defense worker, | ||
civil air patrol member,
paramedic, fireman, chaplain, or State | ||
employee did not leave a legally binding will, the compensation | ||
shall be paid as follows:
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(1) when there is a surviving spouse, the entire sum | ||
shall be paid to
the spouse;
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(2) when there is no surviving spouse, but a surviving | ||
descendant of the
decedent, the entire sum shall be paid to | ||
the decedent's descendants per
stirpes;
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(3) when there is neither a surviving spouse nor a | ||
surviving descendant,
the entire sum shall be paid to the | ||
parents of the decedent in equal parts,
allowing to the | ||
surviving parent, if one is dead, the entire sum; and
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(4) when there is no surviving spouse, descendant or | ||
parent of the
decedent, but there are surviving brothers or | ||
sisters, or descendants of a
brother or sister, who were | ||
receiving their principal support from the
decedent at his | ||
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 | ||
brother or
sister. Dependency shall be determined by the | ||
Court of Claims based upon
the investigation and report of | ||
the Attorney General.
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The changes made to this subsection (d) by this amendatory Act | ||
of the 94th General Assembly apply to any pending case as long | ||
as compensation has not been paid to any party before the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly.
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(d-1) For purposes of subsection (d), in the case of a | ||
person killed in the line of duty who was born out of wedlock | ||
and was not an adoptive child at the time of the person's | ||
death, a person shall be deemed to be a parent of the person | ||
killed in the line of duty only if that person would be an | ||
eligible parent, as defined in Section 2-2 of the Probate Act | ||
of 1975, of the person killed in the line of duty. This | ||
subsection (d-1) applies to any pending claim if compensation | ||
was not paid to the claimant of the pending claim before the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly.
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(d-2) If no beneficiary is designated or if no designated | ||
beneficiary survives at the death of the Armed Forces member | ||
killed in the line of duty, the compensation shall be paid in | ||
entirety according to the designation made on the most recent | ||
version of the Armed Forces member's Servicemembers' Group Life | ||
Insurance Election and Certificate ("SGLI"). | ||
If no SGLI form exists at the time of the Armed Forces | ||
member's death, the compensation shall be paid in accordance | ||
with a legally binding will left by the Armed Forces member. | ||
If no SGLI form exists for the Armed Forces member and the | ||
Armed Forces member did not leave a legally binding will, the | ||
compensation shall be paid to the persons and in the priority | ||
as set forth in paragraphs (1) through (4) of subsection (d) of | ||
this Section. | ||
This subsection (d-2) applies to any pending case as long | ||
as compensation has not been paid to any party before the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly.
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(e) If
When there is no beneficiary designated or if no | ||
designated beneficiary survives
or surviving at the death of | ||
the
law enforcement officer, civil defense worker, civil air | ||
patrol member,
paramedic, fireman, chaplain, State employee, | ||
or Armed Forces member
killed in the line of duty
and there is | ||
no other person or entity to whom compensation is payable under | ||
this Section
surviving spouse, descendant, parent, dependent | ||
brother or sister, or
dependent descendant of a brother or | ||
sister, no compensation shall be payable
under this Act.
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(f) No part of such compensation may be paid to any other | ||
person for any
efforts in securing such compensation.
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(g) This amendatory Act of the 93rd General Assembly | ||
applies to claims made on or after October 18, 2004 with | ||
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, | ||
eff. 10-18-04; 93-1073, eff. 1-18-05; 94HB5251 enrolled.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||