Full Text of HB2922 102nd General Assembly
HB2922eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Line of Duty Compensation Act is amended by | 5 | | changing Sections 2, 3, and 4 as follows:
| 6 | | (820 ILCS 315/2)
(from Ch. 48, par. 282)
| 7 | | Sec. 2. As used in this Act, unless the context otherwise | 8 | | requires:
| 9 | | (a) "Law enforcement officer" or "officer" means any | 10 | | person employed
by the State or a local governmental entity as | 11 | | a policeman, peace
officer, auxiliary policeman or in some | 12 | | like position involving the
enforcement of the law and | 13 | | protection of the public interest at the risk of
that person's | 14 | | life. This includes supervisors, wardens, superintendents and
| 15 | | their assistants, guards and keepers, correctional officers, | 16 | | youth
supervisors, parole agents, aftercare specialists, | 17 | | school teachers and correctional counsellors
in all facilities | 18 | | of both the
Department of Corrections and the Department of | 19 | | Juvenile Justice, while within the facilities under the | 20 | | control
of the Department of Corrections or the Department of | 21 | | Juvenile Justice or in the act of transporting inmates
or | 22 | | wards from one location to another or while performing their | 23 | | official
duties, and all other Department of Correction or |
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| 1 | | Department of Juvenile Justice employees who have daily
| 2 | | contact with inmates.
| 3 | | The death of the foregoing employees of the Department of | 4 | | Corrections or the Department of Juvenile Justice
in order to | 5 | | be included herein must be by the direct or indirect willful
| 6 | | act of an inmate, ward, work-releasee, parolee, aftercare | 7 | | releasee, parole violator, aftercare release violator, person
| 8 | | under conditional release, or any person sentenced or | 9 | | committed, or
otherwise subject to confinement in or to the | 10 | | Department of Corrections or the Department of Juvenile | 11 | | Justice.
| 12 | | (b) "Fireman" means any person employed by the State or a | 13 | | local
governmental entity as, or otherwise serving as, a | 14 | | member or officer of
a fire department either for the purpose | 15 | | of the prevention or control of fire
or the underwater | 16 | | recovery of drowning victims, including volunteer firemen.
| 17 | | (c) "Local governmental entity" includes counties, | 18 | | municipalities
and municipal corporations.
| 19 | | (d) "State" means the State of Illinois and its | 20 | | departments,
divisions, boards, bureaus, commissions, | 21 | | authorities and colleges and
universities.
| 22 | | (e) "Killed in the line of duty" means losing one's life as | 23 | | a result
of injury received in the active performance of | 24 | | duties as a law
enforcement officer, civil defense worker, | 25 | | civil air patrol member,
paramedic, fireman, or chaplain , | 26 | | animal control officer, or animal warden, if the death occurs |
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| 1 | | within
one year from the date
the injury was received and if | 2 | | that injury arose from violence or other
accidental cause. In | 3 | | the case of a State employee, "killed in the line
of duty" | 4 | | means losing one's life as a result of injury received in the
| 5 | | active performance of one's duties as a State employee, if the | 6 | | death occurs
within one year from the date the injury was | 7 | | received and if that injury
arose from a willful act of | 8 | | violence by another State employee committed
during such other | 9 | | employee's course of employment and after January 1,
1988. The | 10 | | term excludes death resulting from the willful
misconduct or | 11 | | intoxication of the officer, civil defense worker, civil
air | 12 | | patrol member, paramedic, fireman, chaplain , animal control | 13 | | officer, animal warden , or State employee.
However,
the burden | 14 | | of proof of
such willful misconduct or intoxication of the | 15 | | officer, civil defense
worker, civil air patrol member, | 16 | | paramedic,
fireman, chaplain, animal control officer, animal | 17 | | warden, or State employee is on the Attorney
General. Subject | 18 | | to the conditions set forth in subsection (a) with
respect to | 19 | | inclusion under this Act of Department of Corrections and | 20 | | Department of Juvenile Justice employees
described in that | 21 | | subsection, for the purposes of this Act, instances in
which a | 22 | | law enforcement officer receives an injury in the active
| 23 | | performance of duties as a law enforcement officer include but | 24 | | are not
limited to instances when:
| 25 | | (1) the injury is received as a result of a wilful act | 26 | | of violence
committed other than by the officer and a |
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| 1 | | relationship exists between the
commission of such act and | 2 | | the officer's
performance of his duties as a law | 3 | | enforcement officer, whether or not the
injury is received | 4 | | while the officer is on duty as a law enforcement officer;
| 5 | | (2) the injury is received by the officer while the | 6 | | officer is
attempting to prevent the commission of a | 7 | | criminal act by another or
attempting to apprehend an | 8 | | individual the officer suspects has committed a
crime, | 9 | | whether or not the injury is received while the officer is | 10 | | on duty
as a law enforcement officer;
| 11 | | (3) the injury is received by the officer while the | 12 | | officer is
travelling to or from his employment as a law | 13 | | enforcement officer or during
any meal break, or other | 14 | | break, which takes place during the period in
which the | 15 | | officer is on duty as a law enforcement officer.
| 16 | | In the case of an Armed Forces member, "killed in the line | 17 | | of duty" means
losing one's life while on active duty in | 18 | | connection with the September 11, 2001 terrorist attacks on | 19 | | the United States, Operation Enduring Freedom, Operation | 20 | | Freedom's Sentinel, Operation Iraqi Freedom, Operation New | 21 | | Dawn, or Operation Inherent Resolve.
| 22 | | (f) "Volunteer fireman" means a person having principal | 23 | | employment
other than as a fireman, but who is carried on the | 24 | | rolls of a regularly
constituted fire department either for | 25 | | the purpose of the prevention or
control of fire or the | 26 | | underwater recovery of drowning victims, the members
of which |
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| 1 | | are under the
jurisdiction of the corporate authorities of a | 2 | | city, village,
incorporated town, or fire protection district, | 3 | | and includes a volunteer
member of a fire department organized | 4 | | under the "General Not for Profit
Corporation Act", approved | 5 | | July 17, 1943, as now or hereafter amended,
which is under | 6 | | contract with any city, village, incorporated town, fire
| 7 | | protection district, or persons residing therein, for fire | 8 | | fighting
services. "Volunteer fireman" does not mean an | 9 | | individual who
volunteers assistance without being regularly | 10 | | enrolled as a fireman.
| 11 | | (g) "Civil defense worker" means any person employed by | 12 | | the State or
a local governmental entity as, or otherwise | 13 | | serving as, a member of a
civil defense work force, including | 14 | | volunteer civil defense work forces
engaged in serving the | 15 | | public interest during periods of disaster,
whether natural or | 16 | | man-made.
| 17 | | (h) "Civil air patrol member" means any person employed by | 18 | | the State
or a local governmental entity as, or otherwise | 19 | | serving as, a member of
the organization commonly known as the | 20 | | "Civil Air Patrol", including
volunteer members of the | 21 | | organization commonly known as the "Civil Air Patrol".
| 22 | | (i) "Paramedic" means an Emergency Medical | 23 | | Technician-Paramedic certified by
the Illinois Department of | 24 | | Public Health under the Emergency Medical
Services (EMS) | 25 | | Systems Act, and all other emergency medical personnel
| 26 | | certified by the Illinois Department of Public Health who are |
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| 1 | | members of an
organized body or not-for-profit corporation | 2 | | under the jurisdiction of
a city, village, incorporated town, | 3 | | fire protection district or county, that
provides emergency | 4 | | medical treatment to persons of a defined geographical area.
| 5 | | (j) "State employee" means any employee as defined in | 6 | | Section
14-103.05 of the Illinois Pension Code, as now or | 7 | | hereafter amended.
| 8 | | (k) "Chaplain" means an individual who:
| 9 | | (1) is a chaplain of (i) a fire
department or (ii) a | 10 | | police department
or other agency
consisting of law | 11 | | enforcement officers; and
| 12 | | (2) has been designated a chaplain by (i) the
fire | 13 | | department, police department, or other agency or an | 14 | | officer
or body having jurisdiction over the department or | 15 | | agency or (ii) a labor
organization representing the | 16 | | firemen or law enforcement officers.
| 17 | | (l) "Armed Forces member" means an Illinois resident who | 18 | | is: a member of
the
Armed Forces of the United States; a member | 19 | | of the Illinois National Guard
while on active military | 20 | | service pursuant to an order of the President of the
United | 21 | | States; or a member of any reserve component of the Armed | 22 | | Forces of the
United States while on active military service | 23 | | pursuant to an order of the
President of the United States. | 24 | | (m) "Animal control officer or animal warden" means an | 25 | | employee of a State or local governmental entity appointed or | 26 | | employed to enforce State and local animal regulation statutes |
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| 1 | | and protect public health and safety.
| 2 | | (Source: P.A. 100-226, eff. 8-18-17.)
| 3 | | (820 ILCS 315/3)
(from Ch. 48, par. 283)
| 4 | | Sec. 3. Duty death benefit. | 5 | | (a) If a claim therefor is made within one
year of the date | 6 | | of death of a law enforcement officer, civil
defense worker, | 7 | | civil air patrol member, paramedic, fireman, chaplain, animal | 8 | | control officer, animal warden, or
State employee killed in | 9 | | the line of duty,
or if a claim therefor is made within 2 years | 10 | | of the date of death of an Armed Forces member killed in the | 11 | | line of duty, compensation shall be paid to the person | 12 | | designated by the law
enforcement officer, civil defense | 13 | | worker, civil air patrol member, paramedic,
fireman, chaplain, | 14 | | animal control officer, animal warden, State employee, or | 15 | | Armed Forces member. However, if the Armed Forces member was | 16 | | killed in the line of duty before
October 18, 2004, the
claim | 17 | | must be made within one year of October 18, 2004.
| 18 | | (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;
| 22 | | $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 | 25 | | death occurred on or after May
18, 2001 and before July 1, |
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| 1 | | 2002; and $259,038 if the death occurred on or after July 1, | 2 | | 2002 and before January
1, 2003. For an Armed Forces member | 3 | | killed in the line of duty (i) at any time before January 1, | 4 | | 2005, the compensation is $259,038 plus amounts equal to the | 5 | | increases for 2003 and 2004 determined under subsection (c) | 6 | | and (ii) on or after January 1, 2005, the compensation is the | 7 | | amount determined under item (i) plus the applicable increases | 8 | | for 2005 and thereafter determined under subsection (c).
| 9 | | (c) Except as provided in subsection (b), for deaths | 10 | | occurring on or after January 1, 2003, the death
compensation | 11 | | rate for death in the line of duty occurring in a particular
| 12 | | calendar year shall be the death compensation rate for death | 13 | | occurring in the
previous calendar year (or in the case of | 14 | | deaths occurring in 2003, the rate
in effect on December 31, | 15 | | 2002) increased by a percentage thereof equal to
the | 16 | | percentage increase, if any, in the index known as the | 17 | | Consumer Price
Index for All Urban Consumers: U.S. city | 18 | | average, unadjusted, for all items,
as published by the United | 19 | | States Department of Labor, Bureau of Labor
Statistics, for | 20 | | the 12 months ending with the month of June of that previous
| 21 | | calendar year.
| 22 | | (d) If no beneficiary is designated or if no designated | 23 | | beneficiary survives at the death of the law
enforcement | 24 | | officer, civil defense worker, civil air patrol member,
| 25 | | paramedic, fireman, chaplain, animal control officer, animal | 26 | | warden, or State employee
killed in the line of
duty, the |
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| 1 | | compensation shall be paid in accordance with a legally | 2 | | binding will left by the law
enforcement officer, civil | 3 | | defense worker, civil air patrol member,
paramedic, fireman, | 4 | | chaplain, animal control officer, animal warden, or State | 5 | | employee. If the law
enforcement officer, civil defense | 6 | | worker, civil air patrol member,
paramedic, fireman, chaplain, | 7 | | animal control officer, animal warden, or State employee did | 8 | | not leave a legally binding will, the compensation shall be | 9 | | paid as follows:
| 10 | | (1) when there is a surviving spouse, the entire sum | 11 | | shall be paid to
the spouse;
| 12 | | (2) when there is no surviving spouse, but a surviving | 13 | | descendant of the
decedent, the entire sum shall be paid | 14 | | to the decedent's descendants per
stirpes;
| 15 | | (3) when there is neither a surviving spouse nor a | 16 | | surviving descendant,
the entire sum shall be paid to the | 17 | | parents of the decedent in equal parts,
allowing to the | 18 | | surviving parent, if one is dead, the entire sum; and
| 19 | | (4) when there is no surviving spouse, descendant or | 20 | | parent of the
decedent, but there are surviving brothers | 21 | | or sisters, or descendants of a
brother or sister, who | 22 | | were receiving their principal support from the
decedent | 23 | | at his death, the entire sum shall be paid, in equal parts, | 24 | | to the
dependent brothers or sisters or dependent | 25 | | descendant of a brother or
sister. Dependency shall be | 26 | | determined by the Court of Claims based upon
the |
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| 1 | | investigation and report of the Attorney General.
| 2 | | The changes made to this subsection (d) by this amendatory Act | 3 | | of the 94th General Assembly apply to any pending case as long | 4 | | as compensation has not been paid to any party before the | 5 | | effective date of this amendatory Act of the 94th General | 6 | | Assembly.
| 7 | | (d-1) For purposes of subsection (d), in the case of a | 8 | | person killed in the line of duty who was born out of wedlock | 9 | | and was not an adoptive child at the time of the person's | 10 | | death, a person shall be deemed to be a parent of the person | 11 | | killed in the line of duty only if that person would be an | 12 | | eligible parent, as defined in Section 2-2 of the Probate Act | 13 | | of 1975, of the person killed in the line of duty. This | 14 | | subsection (d-1) applies to any pending claim if compensation | 15 | | was not paid to the claimant of the pending claim before the | 16 | | effective date of this amendatory Act of the 94th General | 17 | | Assembly.
| 18 | | (d-2) If no beneficiary is designated or if no designated | 19 | | beneficiary survives at the death of the Armed Forces member | 20 | | killed in the line of duty, the compensation shall be paid in | 21 | | entirety according to the designation made on the most recent | 22 | | version of the Armed Forces member's Servicemembers' Group | 23 | | Life Insurance Election and Certificate ("SGLI"). | 24 | | If no SGLI form exists at the time of the Armed Forces | 25 | | member's death, the compensation shall be paid in accordance | 26 | | with a legally binding will left by the Armed Forces member. |
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| 1 | | If no SGLI form exists for the Armed Forces member and the | 2 | | Armed Forces member did not leave a legally binding will, the | 3 | | compensation shall be paid to the persons and in the priority | 4 | | as set forth in paragraphs (1) through (4) of subsection (d) of | 5 | | this Section. | 6 | | This subsection (d-2) applies to any pending case as long | 7 | | as compensation has not been paid to any party before the | 8 | | effective date of this amendatory Act of the 94th General | 9 | | Assembly.
| 10 | | (e) If there is no beneficiary designated or if no | 11 | | designated beneficiary survives at the death of the
law | 12 | | enforcement officer, civil defense worker, civil air patrol | 13 | | member,
paramedic, fireman, chaplain, animal control officer, | 14 | | animal warden, State employee, or Armed Forces member
killed | 15 | | in the line of duty
and there is no other person or entity to | 16 | | whom compensation is payable under this Section, no | 17 | | compensation shall be payable
under this Act.
| 18 | | (f) No part of such compensation may be paid to any other | 19 | | person for any
efforts in securing such compensation.
| 20 | | (g) This amendatory Act of the 93rd General Assembly | 21 | | applies to claims made on or after October 18, 2004 with | 22 | | respect to an Armed Forces member killed in the line of duty.
| 23 | | (h) In any case for which benefits have not been paid | 24 | | within 6 months of the claim being filed in accordance with | 25 | | this Section, which is pending as of the effective date of this | 26 | | amendatory Act of the 96th General Assembly, and in which |
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| 1 | | there are 2 or more beneficiaries, at least one of whom would | 2 | | receive at least a portion of the total benefit regardless of | 3 | | the manner in which the Court of Claims resolves the claim, the | 4 | | Court shall direct the Comptroller to pay the minimum amount | 5 | | of money which the determinate beneficiary would receive | 6 | | together with all interest payment penalties which have | 7 | | accrued on that portion of the award being paid within 30 days | 8 | | of the effective date of this amendatory Act of the 96th | 9 | | General Assembly. For purposes of this subsection (h), | 10 | | "determinate beneficiary" means the beneficiary who would | 11 | | receive any portion of the total benefit claimed regardless of | 12 | | the manner in which the Court of Claims adjudicates the claim. | 13 | | (i) The Court of Claims shall ensure that all individuals | 14 | | who have filed an application to claim the duty death benefit | 15 | | for a deceased member of the Armed Forces pursuant to this | 16 | | Section or for a fireman pursuant to this Section, or their | 17 | | designated representative, shall have access, on a timely | 18 | | basis and in an efficient manner, to all information related | 19 | | to the court's consideration, processing, or adjudication of | 20 | | the claim, including, but not limited to, the following: | 21 | | (1) a reliable estimate of when the Court of Claims | 22 | | will adjudicate the claim, or if the Court cannot estimate | 23 | | when it will adjudicate the claim, a full written | 24 | | explanation of the reasons for this inability; and | 25 | | (2) a reliable estimate, based upon consultation with | 26 | | the Comptroller, of when the benefit will be paid to the |
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| 1 | | claimant. | 2 | | (j) The Court of Claims shall send written notice to all | 3 | | claimants within 2 weeks of the initiation of a claim | 4 | | indicating whether or not the application is complete. For | 5 | | purposes of this subsection (j), an application is complete if | 6 | | a claimant has submitted to the Court of Claims all documents | 7 | | and information the Court requires for adjudicating and paying | 8 | | the benefit amount. For purposes of this subsection (j), a | 9 | | claim for the duty death benefit is initiated when a claimant | 10 | | submits any of the application materials required for | 11 | | adjudicating the claim to the Court of Claims. In the event a | 12 | | claimant's application is incomplete, the Court shall include | 13 | | in its written notice a list of the information or documents | 14 | | which the claimant must submit in order for the application to | 15 | | be complete.
In no case may the Court of Claims deny a claim | 16 | | and subsequently re-adjudicate the same claim for the purpose | 17 | | of evading or reducing the interest penalty payment amount | 18 | | payable to any claimant. | 19 | | (Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10; | 20 | | 96-923, eff. 1-1-11.)
| 21 | | (820 ILCS 315/4)
(from Ch. 48, par. 284)
| 22 | | Sec. 4. Notwithstanding
Section 3, no compensation is | 23 | | payable under this Act
unless a claim therefor is filed, | 24 | | within the time specified by that
Section with the Court of | 25 | | Claims on an application prescribed and
furnished by the |
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| 1 | | Attorney General and setting forth:
| 2 | | (a) the name, address and title or designation of the | 3 | | position in which
the officer, civil defense worker, civil | 4 | | air patrol member, paramedic,
fireman, chaplain, animal | 5 | | control officer, animal warden, State employee, or Armed | 6 | | Forces member was
serving at
the time of his death;
| 7 | | (b) the names and addresses of person or persons | 8 | | designated by the
officer, civil defense worker, civil air | 9 | | patrol member, paramedic, fireman,
chaplain, animal | 10 | | control officer, animal warden,
State employee, or Armed | 11 | | Forces member
to receive the compensation and,
if more | 12 | | than one, the percentage or share to be paid to each such | 13 | | person,
or if there has been no
such designation, the name | 14 | | and address of the personal representative of
the estate | 15 | | of the officer, civil defense worker, civil air patrol | 16 | | member,
paramedic, fireman, chaplain, animal control | 17 | | officer, animal warden, State employee, or Armed Forces
| 18 | | member;
| 19 | | (c) a full, factual account of the circumstances | 20 | | resulting in or the
course of events causing the death of | 21 | | the officer, civil defense worker,
civil air patrol | 22 | | member, paramedic, fireman, chaplain, animal control | 23 | | officer, animal warden, State employee,
or Armed Forces | 24 | | member;
and
| 25 | | (d) such other information as the Court of Claims | 26 | | reasonably requires.
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| 1 | | When a claim is filed, the Attorney General shall make an | 2 | | investigation
for substantiation of matters set forth in such | 3 | | an application.
| 4 | | For the 2 years immediately following the effective date | 5 | | of this amendatory act of the 96th General Assembly, the Court | 6 | | of Claims shall direct the Comptroller to pay a | 7 | | "Modified-Eligibility Line of Duty Benefit" to eligible late | 8 | | claimants who file a claim for the benefit. A claim for a | 9 | | Modified-Eligibility Line of Duty Benefit must include all the | 10 | | application materials and documents required for all other | 11 | | claims payable under this Act, except as otherwise provided in | 12 | | this Section 4.
For purposes of this Section 4 only, an | 13 | | "eligible late claimant" is a person who would have been | 14 | | eligible, at any time after September 11, 2001, to apply for | 15 | | and receive payment of a claim pursuant to this Act in | 16 | | connection with the death of an Armed Forces member killed in | 17 | | the line of duty or a fireman killed in the line of duty, but | 18 | | did not receive the award payment because: | 19 | | (1) the claim was rejected only because the claim was | 20 | | not filed within the time limitation set forth in | 21 | | subsection (a) of Section 3 of this Act; or | 22 | | (2) having met all other preconditions for applying | 23 | | for and receiving the award payment, the claimant did not | 24 | | file a claim because the claim would not have been filed | 25 | | within the time limitation set forth in subsection (a) of | 26 | | Section 3 of this Act.
For purposes of this Section 4 only, |
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| 1 | | the "Modified-Eligibility Line of Duty Benefit" is an | 2 | | amount of money payable to eligible late claimants equal | 3 | | to the amount set forth in Section 3 of this Act payable to | 4 | | claimants seeking payment of awards under Section 3 of | 5 | | this Act for claims made thereunder in the year in which | 6 | | the claim for the Modified-Eligibility Line of Duty | 7 | | Benefit is made.
Within 6 months of receiving a complete | 8 | | claim for the Modified-Eligibility Line of Duty Benefit, | 9 | | the Court of Claims must direct the Comptroller to pay the | 10 | | benefit amount to the eligible late claimant. | 11 | | (Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)
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