TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.5 GENERAL PURPOSE
Section 200.5 General Purpose
The intent of Section 22-9 of the Illinois Military Code and
this Part is to provide an opportunity on standard individual income tax forms
to allow taxpayers to contribute to the Illinois Military Family Relief Fund:
a) To
provide the Illinois Department of Military Affairs the power to make grants
from the Fund to:
1) Illinois residents who are members of the Active Duty Armed Forces (on or after November
23, 2009) who are/were called to active military service during an emergency
declared by the President of the United States or Congress or as defined in
this Part.
2) Illinois
National Guard members who are/were called to active duty during an emergency
declared by the President of the United States or Congress or as defined in
this Part.
3) Illinois residents who are members of other Reserve Components of the Armed Forces
(including National Guard members of other states) who are/were called to
active duty during an emergency declared by the President of the United States
or Congress or as defined in this Part.
4) Members
of the Illinois National Guard who have been called to State Active Duty for 30
or more consecutive days of duty.
5) Family
members of the service members described in subsections (1) through (4).
b) The grants shall be in the
form of three types of payments:
1) payments
based on need, as determined under Section 200.20;
2) payments
based on the member's status, as determined under Section 200.30; and
3) payments
based on the member's casualty status, as determined under Sections 200.40 and
200.41.
(Source: Amended at 39 Ill.
Reg. 8822, effective June 15, 2015)
 | TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.10 DEFINITION OF TERMS USED
Section 200.10 Definition of Terms Used
"Active duty" means: Military
service performed under Title 32 USC or Title 10 USC and is military service for
a minimum of 60 consecutive days (effective December 9, 2009; previously 30
days).
"Emergency" means: Any
governmental declaration representing a natural or man-made disaster, during a
period of civil unrest, or following a declaration of war or a situation of
international/internal armed conflict.
"Family members" means: A
husband, wife or child who has been approved as a dependent and is enrolled in
the Defense Enrollment Eligibility Reporting System (DEERS) in accordance with
applicable military regulations. The service member's mother, father, brother,
sister or other representative may apply for a grant on behalf of the service member
if a copy of a Power of Attorney is included with the application.
"Fund" means: The
Illinois Military Family Relief Fund.
"State Active Duty" means:
Illinois National Guard members who are activated by, and under the command and
control of, the Illinois Governor and subject to the Illinois Military Code [20
ILCS 1805].
(Source: Amended at 39 Ill.
Reg. 8822, effective June 15, 2015)
SUBPART B: ELIGIBILITY
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.20 DETERMINATION OF ELIGIBILITY FOR FAMILY NEED BASED GRANTS
Section 200.20 Determination of Eligibility for Family
Need Based Grants
a) The grant applicant must
show proof of the following:
1) He or
she is, at the time of entry on mobilization, a member of the Illinois National
Guard or an Illinois resident who is a member of another U.S. Armed Forces
Reserve component applying on behalf of his or her family, or is a family
member of the service member. Proof of residency for military members will
consist of information obtained from the supporting documents provided;
Department of Defense Form 214 (DD 214) (Certificate of Release or Discharge
from Active Duty), item 7b; or orders and military pay statement, along with
the individual's certification on the application. Proof of a familial
relationship will consist of information obtained from Defense Enrollment
Eligibility Reporting System (DEERS).
2) The
Illinois National Guard or Reserve component member was on active military duty
for at least 60 consecutive days (effective December 9, 2009; previously 30
days) in support of an emergency as defined in Section 200.10 (effective July
3, 2014). Proof of active duty will consist of a DD 214, Department of Defense
Form 220 (Report of Active Duty), or copy of the orders issued by an authorized
headquarters ordering the member to that duty and a military pay statement
reflecting duty performance. Payment for the first 6 months of active duty
service will not occur before day 60 of the first 6 month period. Payment for
the second consecutive 6 month period may be on day one of the second
consecutive 6 month period.
3) A
copy of a payroll record from the member's civilian employer that indicates member's
monthly salary, a copy of a recent Inactive Duty Training (IDT) Leave and
Earnings Statement (LES) within 90 days prior to mobilization reflecting four
IDT periods of pay, plus a copy of a military payroll record that indicates the
member's monthly military salary. W2s and completed income tax returns may
serve as supporting documentation.
4) Proof
that the military salary (including Basic Allowance for Housing) of the member
has decreased by 30% or greater from his or her civilian salary and part time
(Inactive Duty Training) military pay. With the implementation of the
Department of Defense (DOD) Reserve Income Replacement Program, applicants
requesting the Family Needs Based Grant must report if they have applied for,
or are receiving, payments under this program and that amount will be included
in total military income.
5) The
Illinois National Guard or Reserve component member holds a pay grade no higher
than O-3, if an officer, or W-3, if a warrant officer, or E8 (effective
December 9, 2009; previously E9s were eligible) if an enlisted member.
Individuals or families will be eligible for the grant based upon rank at the
time the period of service for which applying begins. Proof of pay grades will
consist of information obtained from supporting documents, DEERS or
Re-Enlistment Eligibility Data Display (REDD) from the Defense Manpower Data
Center (DMDC) Database.
6) If a
custodial parent or guardian is applying for a grant on behalf of a service
member's dependent, then the custodial parent or guardian must provide proof of
guardianship of a member's dependent currently enrolled in DEERS or a Power of
Attorney that authorizes those transactions.
b) The following members
are ineligible to receive grants:
1) All
officers, warrant officers, and enlisted members with pay grades of O‑4,
W-4 or higher and E9 (effective December 9, 2009; previously E9s were
eligible);
2) Personnel
serving in Active Guard/Reserve (AGR) or similar full-time unit support
programs unless called to Title 10 service for duty as prescribed in subsection
(a)(2);
3) Members
who have no dependent family members enrolled in DEERS;
4) Members
who, at any time prior to the approval of a grant application under this
Section, receive a punitive discharge, or an administrative discharge with
service characterized as Under Other Than Honorable Conditions or a lower
characterized discharge;
5) Service
members who were unemployed upon entry into current mobilization.
(Source: Amended at 39 Ill.
Reg. 8822, effective June 15, 2015)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.30 DETERMINATION OF ELIGIBILITY FOR STATUS BASED GRANTS
Section 200.30 Determination of Eligibility for Status
Based Grants
a) The grant applicant must
show proof of the following:
1) He or
she is, at the time of entry on mobilization, a member of the Illinois National
Guard or an Illinois resident who is a member of another U.S. Armed Forces
Reserve component or is a family member of the service member. Proof of
residency for military members will consist of information obtained from the
supporting documents provided; DD 214, item 7b; or orders and military pay
statement, along with the individual's certification on the application. Proof
of a familial relationship will consist of information obtained from DEERS.
2) The
Illinois National Guard or Reserve component member was on active military duty
for at least 60 consecutive days (effective December 9, 2009; previously 30
days) in support of an emergency as defined in section 200.10 (effective July
3, 2014; previously as a result of the September 11, 2001 terrorist attacks);
or who has been called to State active duty for 30 or more consecutive days of
duty. Proof of duty will consist of a DD 214, DD 220, or copy of the orders
issued by an authorized headquarters ordering the member to such duty and a pay
statement reflecting duty performance.
3) The
Illinois National Guard or Reserve component member holds a pay grade no higher
than O-3, if an officer, W-3, if a warrant officer, or E8 (effective December
9, 2009; previously E9), if an enlisted member. Individuals or families will
be eligible for the grant based upon rank at the time the period of service for
which applying begins. Proof of pay grades will consist of information obtained
from supporting documents, DEERS or REDD.
4) Service
members deployed for a consecutive (not cumulative) period of duty of more than
six months will become eligible for additional status based grants for each
consecutive six month period. After the beginning of the seventh, thirteenth,
etc, months, applicants may reapply. The subsequent application must include
sufficient documentation to validate that the continuous duty was performed in
support of an emergency as defined in Section 200.10. (This subsection (a)(4)
is effective January 1, 2008. Members on active duty on January
1, 2008 will become eligible once they have completed six months on or after January
1, 2008.) Status grants for State active duty are limited to twice in a 12
month period.
5) If
a custodial parent or guardian is applying for a grant on behalf of a service
member's dependent, then the custodial parent or guardian must provide proof of
guardianship of a member's dependent currently enrolled in DEERS or a Power of
Attorney that authorizes those transactions.
b) The following members
are ineligible to receive grants:
1) All
officers and warrant officers with pay grades of O-4, W-4 or higher and E9
(effective December 9, 2009; previously E9s were eligible);
2) Personnel
serving in Active Guard/Reserve (AGR) or similar full-time unit support
programs unless called to Title 10 service for duty as prescribed in subsection
(a)(2);
3) Members
who, at any time prior to approval of a grant application under this Section,
receive a punitive discharge or an administrative discharge with service
characterized as Under Other Than Honorable Conditions or a lower characterized
discharge.
(Source: Amended at 39 Ill.
Reg. 8822, effective June 15, 2015)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.40 DETERMINATION OF ELIGIBILITY FOR CASUALTY BASED GRANTS - NATIONAL GUARD AND RESERVE SERVICE MEMBERS
Section 200.40 Determination of Eligibility for Casualty
Based Grants − National Guard and Reserve Service Members
a) The grant applicant must
show proof of the following:
1) He or
she is, at the time of entry on mobilization, a member of the Illinois National
Guard or an Illinois resident who is a member of another U.S. Armed Forces
Reserve component or is a family member of the service member. Proof of
residency for military members will consist of information obtained from the
supporting documents provided; DD 214, item 7b; or orders and military pay
statement, along with the individual's certification on the application. Proof
of a familial relationship will consist of information obtained from DEERS.
2) The
Illinois National Guard or Reserve component member was on active military duty
for at least 60 consecutive days (effective December 9, 2009; previously 30
days) in support of an emergency as defined in Section 200.10 (effective July
3, 2014; previously as a result of the September 11, 2001 terrorist attacks).
Proof of active duty will consist of a DD 214, DD 220, or copy of the orders
issued by an authorized headquarters ordering the member to active duty and a
military pay statement reflecting duty performance.
3) The
Adjutant General is authorized to waive the 60-day (effective December 9, 2009;
previously 30 days) requirement in subsection (a)(2) upon a written request
indicating the circumstances justifying such a waiver. The Adjutant General
may use discretion in granting or denying such requests.
4) The
Department of Military Affairs will verify the member's casualty status with
official documents provided by the service member or official message from the
U.S. Department of Defense, including, but not limited to, Line of Duty
Investigations, DOD Casualty Reports, Incident Reports, and intake medical
reports/medical assessments. Documentation will include proof that the service
member sustained an injury as a result of terrorist activity; sustained an
injury in combat, or related to combat, as a direct result of hostile action;
or sustained an injury going to or returning from a combat mission, provided
that the incident leading to the injury was directly related to hostile
action. This includes injuries to service members who are wounded mistakenly
or accidentally by friendly fire directed at a hostile force or what is thought
to be a hostile force. This rule is retroactive, but does not apply to
applications for casualty based grants that were disbursed prior to December 7,
2004. No payments shall be made without this verification.
5) If a
custodial parent or guardian is applying for a grant on behalf of a service
member's dependent, then the custodial parent or guardian must provide proof of
guardianship of a member's dependent currently enrolled in DEERS or a Power of
Attorney that authorizes these transactions.
6) There are no grade
limitations to eligibility for the casualty based grant.
b) Casualty
grant applications received on the same day as status or needs applications
will be processed first.
c) The following members
are ineligible to receive grants under this Section:
1) Members
who, at any time prior to the approval of a grant application under this
Section, receive a punitive discharge, or an administrative discharge with
service characterized as Under Other Than Honorable Conditions or a lower
characterized discharge;
2) Members
whose casualty status is the result of a self-inflicted wound or other
misconduct or willful negligence by the member, or if the casualty occurs when
the member is in an AWOL, deserter, or dropped-from-rolls status;
3) Personnel
serving in Active Guard/Reserve (AGR) or similar full-time unit support
programs unless called to Title 10 service for duty as prescribed in subsection
(a)(2);
4) Deceased
members, as other compensations are paid by the State of Illinois.
(Source: Amended at 39 Ill.
Reg. 8822, effective June 15, 2015)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.41 DETERMINATION OF ELIGIBILITY FOR CASUALTY BASED GRANTS ACTIVE DUTY SERVICE MEMBERS
Section 200.41 Determination of Eligibility for Casualty
Based Grants – Active Duty Service Members
a) The grant applicant must
show proof of the following:
1) He or
she, at least 60 days prior to the date of injury, was a resident of Illinois and a member of the active duty armed forces. Proof of residency for military
members will consist of information obtained from the supporting documents
provided: DD Form 214, orders, Leave and Earnings Statement (LES), and/or a
copy of the service member's Illinois State income tax return from the previous
calendar year and the individual's certification on the application.
2) The
service member identified in subsection (a)(1) is/was on active military duty
for at least 60 consecutive days in support of an emergency as defined in
Section 200.10 (effective July 3, 2014; previously as a result of the September
11, 2001 terrorist attacks). Proof of duty will consist of the individual
deployment orders clearly indicating the purpose and period of duty and an LES
reflecting Hazardous Duty Pay, Combat Pay, or Combat Zone Tax Exclusion.
3) The
Adjutant General is authorized to waive the 60 day requirement in subsection
(a)(2) upon written request indicating the circumstances justifying the
waiver. The Adjutant General may use discretion in granting or denying these
requests.
4) The
Department of Military Affairs will verify the member's casualty status with
official documents provided by the service member or official message from the
U.S. Department of Defense, including but not limited to Line of Duty
Investigations, DOD Casualty Reports, Incident Reports and intake medical
reports/medical assessments. Documentation shall include proof that the
service member sustained an injury on or after November 23, 2009 as a result of
terrorist activity; sustained an injury in combat, or related to combat, as a
direct result of hostile action; or sustained an injury going to or returning
from a combat mission, provided that the incident leading to the injury was
directly related to hostile action. Injuries to service members who are
wounded mistakenly or accidentally by friendly fire directed at a hostile force
or what is thought to be a hostile force are eligible. No payments can be made
without sufficient documentation.
5) If a
family member or other person not listed in DEERS signs the application, the
applicant must provide a Power of Attorney authorizing the transactions on
behalf of the service member.
6) There
are no pay grade limitations to eligibility for the casualty based grant.
b) Casualty
grant applications received on the same day as status or needs applications
will be processed first.
c) The following members
are ineligible to receive grants under this Section:
1) Members
who, at any time prior to the approval of a grant application under this
Section, received a punitive discharge or an administrative discharge with
service characterized as Under Other Than Honorable Conditions or a lower
characterized discharge;
2) Members
whose casualty status is the result of a self-inflicted wound or other
misconduct or willful negligence by the member, or if the casualty occurs when
the member is in an Absent Without Leave (AWOL), deserter or dropped-from-rolls
status;
3) Deceased
members, as other compensations may be paid by the State of Illinois or
Department of Defense.
(Source: Amended at 39 Ill.
Reg. 8822, effective June 15, 2015)
SUBPART C: GRANTS
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.50 FAMILY NEED BASED GRANT LEVELS AND LIMITS
Section 200.50 Family Need Based Grant Levels and Limits
a) Payments
to an Illinois National Guard or Reserve component member's family shall be a flat
rate of $2,000.
b) A
member or a member's family may apply for and receive a $2,000 grant each six
month period of continuous deployment. Applications will not be approved
unless at least six months have elapsed from the date of receipt of the
previous application. (This subsection (b) is effective January 1, 2008.
Members on active duty on January 1, 2008 will become eligible once they have
completed six months on or after January 1, 2008.) Each six month grant
eligibility period requires a minimum of 60 days (effective December 9, 2009;
previously 30 days) duty.
c) For periods
of deployment of less than six months, a member or a member's family may apply
for each new deployment period as long as six months have elapsed from the
beginning date of each deployment. Applications will not be approved unless at
least six months have elapsed from the date of receipt of the previous
application.
(Source: Amended at 34 Ill.
Reg. 6905, effective April 29, 2010)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.60 STATUS BASED GRANT LEVELS AND LIMITS
Section 200.60 Status Based Grant Levels and Limits
a) All
grants will be a flat rate of $500.
b) There
is no limit on the number of grants payable.
c) Each
six month grant eligibility period requires a minimum of 60 days (effective December
9, 2009; previously 30 days) duty.
(Source: Amended at 34 Ill.
Reg. 6905, effective April 29, 2010)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.70 CASUALTY BASED GRANT LEVELS AND LIMITS - NATIONAL GUARD AND RESERVE SERVICE MEMBERS
Section 200.70 Casualty Based Grant Levels and Limits
− National Guard and Reserve Service Members
a) All
grants will be a flat rate of $5,000 (effective November 23, 2009; previously
$2000).
b) Illinois
National Guard or Reserve component members, or their family members, may
receive only one casualty based grant for injuries received during, or arising
out of, the same engagement or incident.
(Source: Amended at 34 Ill.
Reg. 6905, effective April 29, 2010)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.71 CASUALTY BASED GRANT LEVELS AND LIMITS ACTIVE DUTY SERVICE MEMBERS
Section 200.71 Casualty Based Grant Levels and Limits –
Active Duty Service Members
a) All grants will be a
flat rate of $5,000.
b) Service
members qualify for only one casualty based grant for injuries received during
or arising out of the same engagement or incident.
(Source: Added at 34 Ill.
Reg. 6905, effective April 29, 2010)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.80 DOCUMENTATION, APPLICATION, PAYMENT AND DENIAL
Section 200.80 Documentation, Application, Payment and
Denial
a) Application
and Documentation. The rules governing the acceptance of applications are as
follows:
1) To
receive consideration for a grant, applicants must request and submit a signed
application provided by the Illinois Department of Military Affairs.
2) All
necessary documentation, as stated in Section 200.20, 200.30, 200.40 or 200.41,
must be included with the application, unless otherwise provided under DEERS,
REDD or other systems, and the applicant shall authorize access to any systems
or records as may be necessary to grant the request for purposes of
verification.
3) Applications
and supporting documents can be submitted via facsimile, email or regular mail.
4) Incomplete
applications will be retained by the program manager. The program manager will
send a letter identifying the missing requirements within 30 days after receipt
of application.
5) The
Department of Military Affairs, upon receipt of a complete application with all
necessary supporting documents, will process the application within 30 days,
subject to availability of funds as indicated in subsections (b)(2) and (b)(3).
b) Payments.
1) Payment
will be made to the applicant who has met all eligibility requirements under
Section 200.20, 200.30, 200.40 or 200.41. Payments will not be made to
creditors and payments will not be subject to garnishment, wage levy,
forfeiture or other remedy, unless the denial of that remedy is inconsistent
with the requirements of any other State or federal law.
2) The
timeliness of payment will be determined by the amount of funds available at
the time of application.
3) If
adequate funds are not available, the application will be held in a queue until
funds are available.
4) Applications
for casualty based grants shall take precedence over all others.
c) Denials.
1) Grant
applications from those not meeting eligibility requirements will be denied.
2) A
letter explaining the denial will be sent to the applicant within 30 days after
receipt of the application.
d) Exceptions.
The Adjutant General is authorized
to grant a waiver of any portion of this Part if extenuating circumstances
exist and a delay in payment due to restrictions of this Part would cause the
service member or the service member's family undue financial hardship.
(Source: Amended at 34 Ill.
Reg. 6905, effective April 29, 2010)
SUBPART D: REPORTING
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS
PART 200
ILLINOIS MILITARY FAMILY RELIEF FUND ACT
SECTION 200.90 REPORTING REQUIREMENTS
Section 200.90 Reporting Requirements
a) The
Adjutant General shall provide the Governor, Lieutenant Governor and
Comptroller a monthly report detailing the funds requested and processed.
b) The
Adjutant General shall provide the Governor, Lieutenant Governor and
Comptroller a monthly report detailing the amounts disbursed and donated to the
Fund for the current fiscal year.
c) Periodically,
at the request of the Governor or Lieutenant Governor, other reports may be
provided.
(Source: Amended at 31 Ill.
Reg. 15834, effective January 1, 2008)
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