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Public Act 92-0003
HB3033 Enrolled LRB9201941DHmb
AN ACT in relation to public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Law Enforcement Officers, Civil Defense
Workers, Civil Air Patrol Members, Paramedics, Firemen,
Chaplains, and State Employees Compensation Act is amended by
changing Section 3 as follows:
(820 ILCS 315/3) (from Ch. 48, par. 283)
Sec. 3. If a claim therefor is made within one year of
the date of death of the law enforcement officer, civil
defense worker, civil air patrol member, paramedic, fireman,
chaplain, or State employee, compensation in the amount of
$10,000 shall be paid to the person designated by a law
enforcement officer, civil defense worker, civil air patrol
member, paramedic, fireman, chaplain, or State employee
killed in the line of duty prior to January 1, 1974, and
$20,000 if such death occurred after December 31, 1973 and
before July 1, 1983, $50,000 if such death occurred on or
after July 1, 1983 and before January 1, 1996 the effective
date of this amendatory Act of 1995, and $100,000 if the
death occurred on or after January 1, 1996 and before the
effective date of this amendatory Act of the 92nd General
Assembly, and $118,000 if the death occurred on or after the
effective date of this amendatory Act of the 92nd General
Assembly and before January 1, 2003.
Beginning January 1, 2003, the death compensation rate
for death in the line of duty occurring in a particular
calendar year shall be the death compensation rate for death
occurring in the previous calendar year increased by a
percentage thereof equal to the percentage increase, if any,
in the index known as the "Employment Cost Index, Wages and
Salaries, by Occupation and Industry Group: State and Local
Government Workers: Public Administration", 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 the effective date of this
amendatory Act of 1995.
If no beneficiary is designated or surviving at the death
of the law enforcement officer, civil defense worker, civil
air patrol member, paramedic, fireman, chaplain, or State
employee killed in the line of duty, the compensation shall
be paid as follows:
(a) when there is a surviving spouse, the entire
sum shall be paid to the spouse;
(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;
(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; and.
(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 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.
When there is no beneficiary designated or surviving at
the death of the law enforcement officer, civil defense
worker, civil air patrol member, paramedic, fireman,
chaplain, or State employee killed in the line of duty and no
surviving spouse, descendant, parent, nor dependent brother
or sister, or dependent descendant of a brother or sister, no
compensation shall be payable under this Act.
No part of such compensation may be paid to any other
person for any efforts in securing such compensation.
(Source: P.A. 89-323, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 03, 2001.
Approved May 18, 2001.
Effective May 18, 2001.
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