Illinois Compiled Statutes
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705 ILCS 505/24
(705 ILCS 505/24)
(from Ch. 37, par. 439.24)
Payment of awards.
(1) From funds appropriated by the General Assembly for the purposes
of this Section the Court may direct
immediate payment of:
(a) All claims arising solely as a result of the
lapsing of an appropriation out of which the obligation could have been paid.
(b) All claims pursuant to the Line of Duty
(c) All claims pursuant to the "Illinois National
Guardsman's and Naval Militiaman's Compensation Act", approved August 12, 1971, as amended.
(d) All claims pursuant to the "Crime Victims
Compensation Act", approved August 23, 1973, as amended.
(d-5) All claims against the State for unjust
imprisonment as provided in subsection (c) of Section 8 of this Act.
(e) All other claims wherein the amount of the award
of the Court is less than $50,000.
(2) The court may, from funds specifically appropriated from the General
Revenue Fund for this purpose, direct the payment of awards less than $50,000
solely as a result
of the lapsing of an appropriation originally made from any fund held by the
State Treasurer. For any such award paid from the General Revenue Fund, the
shall thereafter seek an appropriation from the fund from which the liability
originally accrued in reimbursement of the General Revenue Fund.
(3) In directing payment of a claim pursuant to the Line of Duty
Compensation Act, the Court must direct the Comptroller to add an interest penalty if payment of a claim is not made within 6 months after a claim is filed in accordance with Section 3 of the Line of Duty
Compensation Act and all information has been submitted as required under Section 4 of the Line of Duty
Compensation Act. If payment is not issued within the 6-month period, an interest penalty of 1% of the amount of the award shall be added for each month or fraction thereof after the end of the 6-month period, until final payment is made. This interest penalty shall be added regardless of whether the payment is not issued within the 6-month period because of the appropriation process, the consideration of the matter by the Court, or any other reason.
(3.5) The interest penalty payment provided for in subsection (3) shall be added to all claims for which benefits were not paid as of the effective date of P.A. 95-928. The interest penalty shall be calculated starting from the effective date of P.A. 95-928, provided that the effective date of P.A. 95-928 is at least 6 months after the date on which the claim was filed in accordance with Section 3 of the Line of Duty Compensation Act. In the event that the date 6 months after the date on which the claim was filed is later than the effective date of P.A. 95-928, the Court shall calculate the interest payment penalty starting from the date 6 months after the date on which the claim was filed in accordance with Section 3 of the Line of Duty Compensation Act. This subsection (3.5) of this amendatory Act of the 96th General Assembly is declarative of existing law.
(3.6) In addition to the interest payments provided for in subsections (3) and (3.5), the Court shall direct the Comptroller to add a "catch-up" payment to the claims of eligible claimants. For the purposes of this subsection (3.6), an "eligible claimant" is a claimant whose claim is not paid in the year in which it was filed. For purposes of this subsection (3.6), "'catch-up' payment" is defined as the difference between the amount paid to claimants whose claims were filed in the year in which the eligible claimant's claim is paid and the amount paid to claimants whose claims were filed in the year in which the eligible claimant filed his or her claim. The "catch-up" payment is payable simultaneously with the claim award.
From funds appropriated by the General Assembly for the purposes of
paying claims under paragraph (c) of Section 8, the court must direct payment
of each claim and the payment must be received by the claimant within 60 days after the date that the funds are appropriated for that purpose.
(Source: P.A. 100-1124, eff. 11-27-18.)