TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 120
SURVIVORS COMPENSATION ACT PROGRAM
SECTION 120.5 GENERAL PURPOSE
Section 120.5 General
Purpose
The intent and purpose of
"AN ACT to provide payment of compensation to survivors of certain persons
killed while serving in the Armed Forces of the United States" (the Act)
are to provide payment to the survivors of members of the armed forces of the
United States who have been killed or died as a result of hostile action while
on full-time active duty in the armed forces, or while on full-time active duty
for training purposes in the armed forces serving as members of the Reserve or
Illinois National Guard, during periods which have not been designated as
wartime for which a service or campaign medal has been authorized by the United
States. The compensation shall be a one-time payment in the amount of $1,000,
made to the beneficiary determined eligible under Section 120.20.
 | TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 120
SURVIVORS COMPENSATION ACT PROGRAM
SECTION 120.10 DEFINITION OF TERMS USED
Section 120.10 Definition of
Terms Used
a) Hostile Action − Those actions or activities of violence
or terrorism that cause or result in the death of Illinois Armed Services
members. Examples of hostile actions include, but are not limited to, the
bombing of the Marine Barracks in Beirut, Lebanon, the attack on the naval
frigate USS Stark in the Persian Gulf, the bombing of a discotheque in Germany,
the United States invasion of the Island of Grenada, the taking of military
hostages, and attacks upon military forces in countries where encounters with
hostile armed forces are imminent.
b) Unfriendly Forces − Any military or political
organizations, groups or factions engaging in hostile actions or activities
aimed against the United States and its allies while operating in the
territories of the United States, foreign nations, third world countries, or
allied countries where members of the Armed Forces of the United States are on
active duty or on active duty for training purposes.
c) Wartime Period (see 38 USC 101) − Spanish American War (April
21, 1898 through July 15, 1903); World War I (April 6, 1917 through April 1,
1920); World War II (December 7, 1941 through December 31, 1946); Korean
Conflict (June 27, 1950 through January 31, 1955); Vietnam Era (August 5, 1964
through May 7, 1975); Persian Gulf War (August 2, 1990 until a date to be
determined by Congress); and any further declaration of war by Congress, ending
on the date prescribed by Presidential proclamation or concurrent resolution of
the Congress.
(Source: Amended at 38 Ill.
Reg. 7323, effective March 12, 2014)
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 120
SURVIVORS COMPENSATION ACT PROGRAM
SECTION 120.20 DETERMINATION OF ENTITLEMENT
Section 120.20 Determination
of Entitlement
A beneficiary must show proof of
the following:
a) The deceased person had Illinois residency for at least 12
months immediately preceding entry into military service. Proof of residency
for active duty personnel will consist of information obtained from the
Military Casualty Report, enlistment contract, discharge certificates of
concurrent military service, employment records, education records, or voter
certification. Proof of residency for Reserve or Illinois National Guard
personnel on active duty for training will consist of the Military Casualty Report,
enlistment or re-enlistment contract, employment records, education records, or
voter certification.
b) The deceased person was on full-time active duty for training
as a member of the Reserves or Illinois National Guard at the time of death.
Proof of active duty for training will consist of a copy of the orders issued
by an authorized headquarters ordering the member to such duty. For personnel
on active duty with the armed forces of the United States at the time of death,
the status of active duty service is recognized and no documentation is
required.
c) The deceased person's death was service connected as a result
of hostile action with unfriendly forces. Documents acceptable to establish
service connected death under this Act will consist of a Military Casualty
Report, a statement from the Department of Army, Navy, Air Force, Marines or Cost
Guard, or a United States Veterans Administration statement.
d) The widow or widower making application must prove the death
of the person rendering military service (subsection (c)), and marriage of the
beneficiary to the deceased person at the time of death.
e) The child or children making application must prove the death
of the person rendering military service (subsection (c)), marriage of the
deceased and other parent of the child or children, and that the legal widow or
widower is now deceased or was divorced (certified copy of death or divorce
certificate).
f) The mother, father making application must prove the death of
the person rendering military service (subsection (c)), that the deceased
person was unmarried, or if married that the legal widow or widower is now
deceased or was divorced, if there were children that all are dead or that the
children are minors in their custody (death certificate or court order), if the
father is the applicant that the mother is dead, and that the deceased person
was the son or daughter of the applicant (birth certificate).
g) The person standing in loco-parentis making application must
prove that he or she stood in relation of parent toward the deceased person
rendering military service and comply with (subsection (f)).
h) The brother or sister making application must prove by
submission of documentation identified in this Section that no widow or
widower, child or children, mother, father, or person standing in loco-parentis
has entitlement to claim the compensation, and that the relationship of brother
or sister existed between the applicant and the deceased person rendering
service (birth certificate of applicant and deceased person).
| TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 120
SURVIVORS COMPENSATION ACT PROGRAM
SECTION 120.30 DOCUMENTATION, APPLICATION, PAYMENT, AND CLAIM
Section 120.30
Documentation, Application, Payment, and Claim
a) Documentation
All
documentation submitted with an application must be certified as a true and
exact copy by execution of a notary seal or official stamp of authenticity by a
county recorder or government agency possessing the documentation.
b) Application
The application
for compensation under the Act shall be made on forms provided by the
Department of Veterans' Affairs and shall be notarized.
c) Payment
1) Payment of the sum of $1,000 will be made to the survivors, in
the order named in Section 120.20, provided the deceased person died as a
result of service in the Armed Forces according to the provisions of the Act.
2) Payment
of the sum of $3,000 will be made to the survivors, in the order named in
Section 120.20, provided the deceased person's death was service-connected
as a result of hostile action on or after September 11, 2001 and prior to such
time as Congress declares such person ineligible for the Global War on
Terrorism Expeditionary Medal or the Global War on Terrorism Service Medal [330
ILCS 100/4].
d) Claim
When a
preceding beneficiary fails to file a claim for compensation within two years
after the official notice of death, the Department of Veterans' Affairs may
accept applications from succeeding beneficiaries and the succeeding
beneficiaries may then proceed to qualify upon submission of satisfactory proof
of eligibility.
e) No right or claim to compensation under this Section may be
assigned.
(Source: Amended at 38 Ill.
Reg. 7323, effective March 12, 2014)
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