Full Text of HB3010 94th General Assembly
HB3010ham001 94TH GENERAL ASSEMBLY
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Rep. Richard P. Myers
Filed: 3/22/2005
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09400HB3010ham001 |
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LRB094 08982 WGH 43778 a |
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| AMENDMENT TO HOUSE BILL 3010
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| AMENDMENT NO. ______. Amend House Bill 3010 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Line of Duty Compensation Act is amended by | 5 |
| 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. | 8 |
| (a) If a claim therefor is made within one
year of the date | 9 |
| of death of a law enforcement officer, civil
defense worker, | 10 |
| civil air patrol member, paramedic, fireman, chaplain,
State | 11 |
| 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 | 14 |
| member, paramedic,
fireman, chaplain, State employee, or Armed | 15 |
| Forces member. However, if the Armed Forces member was killed | 16 |
| in the line of duty before
October 18, 2004, the
claim must be | 17 |
| made within one year of October 18, 2004.
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| (b)
The amount of compensation, except for an Armed Forces | 19 |
| member, shall be $10,000 if the death in the
line of duty | 20 |
| occurred prior to January 1, 1974; $20,000 if
such death | 21 |
| 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 | 23 |
| before January 1,
1996; $100,000 if the death occurred on or | 24 |
| after January 1, 1996 and
before May 18, 2001; $118,000 if the |
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| death occurred on or after May
18, 2001 and before July 1, | 2 |
| 2002; and $259,038 if the death occurred on or after July 1, | 3 |
| 2002 and before January
1, 2003. For an Armed Forces member | 4 |
| killed in the line of duty (i) at any time before January 1, | 5 |
| 2005, the compensation is $259,038 plus amounts equal to the | 6 |
| increases for 2003 and 2004 determined under subsection (c) and | 7 |
| (ii) on or after January 1, 2005, the compensation is the | 8 |
| amount determined under item (i) plus the applicable increases | 9 |
| for 2005 and thereafter determined under subsection (c).
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| (c) Except as provided in subsection (b), for deaths | 11 |
| occurring on or after January 1, 2003, the death
compensation | 12 |
| 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 | 14 |
| occurring in the
previous calendar year (or in the case of | 15 |
| deaths occurring in 2003, the rate
in effect on December 31, | 16 |
| 2002) increased by a percentage thereof equal to
the percentage | 17 |
| 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, | 19 |
| for all items,
as published by the United States Department of | 20 |
| Labor, Bureau of Labor
Statistics, for the 12 months ending | 21 |
| with the month of June of that previous
calendar year.
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| (d) If no beneficiary is designated or surviving at the | 23 |
| death of the law
enforcement officer, civil defense worker, | 24 |
| civil air patrol member,
paramedic, fireman, chaplain, or State | 25 |
| employee , or Armed Forces member
killed in the line of
duty, | 26 |
| the compensation shall be paid as follows:
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| (1) when there is a surviving spouse, the entire sum | 28 |
| shall be paid to
the spouse;
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| (2) when there is no surviving spouse, but a surviving | 30 |
| descendant of the
decedent, the entire sum shall be paid to | 31 |
| the decedent's descendants per
stirpes;
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| (3) when there is neither a surviving spouse nor a | 33 |
| surviving descendant,
the entire sum shall be paid to the | 34 |
| parents of the decedent in equal parts,
allowing to the |
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| surviving parent, if one is dead, the entire sum; and
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| (4) when there is no surviving spouse, descendant or | 3 |
| parent of the
decedent, but there are surviving brothers or | 4 |
| sisters, or descendants of a
brother or sister, who were | 5 |
| receiving their principal support from the
decedent at his | 6 |
| 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 | 8 |
| brother or
sister. Dependency shall be determined by the | 9 |
| Court of Claims based upon
the investigation and report of | 10 |
| the Attorney General.
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| (d-l) If no beneficiary is designated or surviving at the | 12 |
| death of the Armed Forces member killed in the line of duty, | 13 |
| the compensation shall be paid as follows: | 14 |
| (1) the entire sum shall be paid to the surviving | 15 |
| beneficiaries designated in the Armed Forces member's | 16 |
| Servicemembers' Group Life Insurance Election and | 17 |
| Certificate (SGLV-8286) (or in any other designation | 18 |
| certificate for the Armed Forces member's Servicemembers' | 19 |
| Group Life Insurance specified by the Department of | 20 |
| Defense) in effect at the time of the Armed Forces member's | 21 |
| death; | 22 |
| (2) if there are no surviving beneficiaries designated | 23 |
| under subdivision (1) and the Armed Forces member left a | 24 |
| valid will, the entire sum shall be paid in accordance with | 25 |
| the will; and | 26 |
| (3) if there are no surviving beneficiaries designated | 27 |
| under subdivision (1) and the Armed Forces member did not | 28 |
| leave a valid will, the entire sum shall be paid shall be | 29 |
| paid in accordance with subsection (d).
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| This subsection (d-1) applies regardless of when the death | 31 |
| occurred, unless compensation was paid before the effective | 32 |
| date of this amendatory Act of the 94th General Assembly.
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| (e) When there is no beneficiary designated or surviving at | 34 |
| the death of the
law enforcement officer, civil defense worker, |
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LRB094 08982 WGH 43778 a |
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| civil air patrol member,
paramedic, fireman, chaplain, State | 2 |
| employee, or Armed Forces member
killed in the line of duty
and | 3 |
| no surviving spouse, descendant, parent, dependent brother or | 4 |
| sister, or
dependent descendant of a brother or sister, no | 5 |
| compensation shall be payable
under this Act.
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| (f) No part of such compensation may be paid to any other | 7 |
| person for any
efforts in securing such compensation.
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| (g) This amendatory Act of the 93rd General Assembly | 9 |
| applies to claims made on or after October 18, 2004 with | 10 |
| 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, | 12 |
| eff. 10-18-04; 93-1073, eff. 1-18-05.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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