Illinois General Assembly - Full Text of HB2922
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Full Text of HB2922  102nd General Assembly

HB2922eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB2922 EngrossedLRB102 12776 JLS 18115 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Line of Duty Compensation Act is amended by
5changing 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
8requires:
9    (a) "Law enforcement officer" or "officer" means any
10person employed by the State or a local governmental entity as
11a policeman, peace officer, auxiliary policeman or in some
12like position involving the enforcement of the law and
13protection of the public interest at the risk of that person's
14life. This includes supervisors, wardens, superintendents and
15their assistants, guards and keepers, correctional officers,
16youth supervisors, parole agents, aftercare specialists,
17school teachers and correctional counsellors in all facilities
18of both the Department of Corrections and the Department of
19Juvenile Justice, while within the facilities under the
20control of the Department of Corrections or the Department of
21Juvenile Justice or in the act of transporting inmates or
22wards from one location to another or while performing their
23official duties, and all other Department of Correction or

 

 

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1Department of Juvenile Justice employees who have daily
2contact with inmates.
3    The death of the foregoing employees of the Department of
4Corrections or the Department of Juvenile Justice in order to
5be included herein must be by the direct or indirect willful
6act of an inmate, ward, work-releasee, parolee, aftercare
7releasee, parole violator, aftercare release violator, person
8under conditional release, or any person sentenced or
9committed, or otherwise subject to confinement in or to the
10Department of Corrections or the Department of Juvenile
11Justice.
12    (b) "Fireman" means any person employed by the State or a
13local governmental entity as, or otherwise serving as, a
14member or officer of a fire department either for the purpose
15of the prevention or control of fire or the underwater
16recovery of drowning victims, including volunteer firemen.
17    (c) "Local governmental entity" includes counties,
18municipalities and municipal corporations.
19    (d) "State" means the State of Illinois and its
20departments, divisions, boards, bureaus, commissions,
21authorities and colleges and universities.
22    (e) "Killed in the line of duty" means losing one's life as
23a result of injury received in the active performance of
24duties as a law enforcement officer, civil defense worker,
25civil air patrol member, paramedic, fireman, or chaplain,
26animal control officer, or animal warden, if the death occurs

 

 

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1within one year from the date the injury was received and if
2that injury arose from violence or other accidental cause. In
3the case of a State employee, "killed in the line of duty"
4means losing one's life as a result of injury received in the
5active performance of one's duties as a State employee, if the
6death occurs within one year from the date the injury was
7received and if that injury arose from a willful act of
8violence by another State employee committed during such other
9employee's course of employment and after January 1, 1988. The
10term excludes death resulting from the willful misconduct or
11intoxication of the officer, civil defense worker, civil air
12patrol member, paramedic, fireman, chaplain, animal control
13officer, animal warden, or State employee. However, the burden
14of proof of such willful misconduct or intoxication of the
15officer, civil defense worker, civil air patrol member,
16paramedic, fireman, chaplain, animal control officer, animal
17warden, or State employee is on the Attorney General. Subject
18to the conditions set forth in subsection (a) with respect to
19inclusion under this Act of Department of Corrections and
20Department of Juvenile Justice employees described in that
21subsection, for the purposes of this Act, instances in which a
22law enforcement officer receives an injury in the active
23performance of duties as a law enforcement officer include but
24are 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
17of duty" means losing one's life while on active duty in
18connection with the September 11, 2001 terrorist attacks on
19the United States, Operation Enduring Freedom, Operation
20Freedom's Sentinel, Operation Iraqi Freedom, Operation New
21Dawn, or Operation Inherent Resolve.
22    (f) "Volunteer fireman" means a person having principal
23employment other than as a fireman, but who is carried on the
24rolls of a regularly constituted fire department either for
25the purpose of the prevention or control of fire or the
26underwater recovery of drowning victims, the members of which

 

 

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1are under the jurisdiction of the corporate authorities of a
2city, village, incorporated town, or fire protection district,
3and includes a volunteer member of a fire department organized
4under the "General Not for Profit Corporation Act", approved
5July 17, 1943, as now or hereafter amended, which is under
6contract with any city, village, incorporated town, fire
7protection district, or persons residing therein, for fire
8fighting services. "Volunteer fireman" does not mean an
9individual who volunteers assistance without being regularly
10enrolled as a fireman.
11    (g) "Civil defense worker" means any person employed by
12the State or a local governmental entity as, or otherwise
13serving as, a member of a civil defense work force, including
14volunteer civil defense work forces engaged in serving the
15public interest during periods of disaster, whether natural or
16man-made.
17    (h) "Civil air patrol member" means any person employed by
18the State or a local governmental entity as, or otherwise
19serving as, a member of the organization commonly known as the
20"Civil Air Patrol", including volunteer members of the
21organization commonly known as the "Civil Air Patrol".
22    (i) "Paramedic" means an Emergency Medical
23Technician-Paramedic certified by the Illinois Department of
24Public Health under the Emergency Medical Services (EMS)
25Systems Act, and all other emergency medical personnel
26certified by the Illinois Department of Public Health who are

 

 

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1members of an organized body or not-for-profit corporation
2under the jurisdiction of a city, village, incorporated town,
3fire protection district or county, that provides emergency
4medical treatment to persons of a defined geographical area.
5    (j) "State employee" means any employee as defined in
6Section 14-103.05 of the Illinois Pension Code, as now or
7hereafter 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
18is: a member of the Armed Forces of the United States; a member
19of the Illinois National Guard while on active military
20service pursuant to an order of the President of the United
21States; or a member of any reserve component of the Armed
22Forces of the United States while on active military service
23pursuant to an order of the President of the United States.
24    (m) "Animal control officer or animal warden" means an
25employee of a State or local governmental entity appointed or
26employed to enforce State and local animal regulation statutes

 

 

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1and 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
6of death of a law enforcement officer, civil defense worker,
7civil air patrol member, paramedic, fireman, chaplain, animal
8control officer, animal warden, or State employee killed in
9the line of duty, or if a claim therefor is made within 2 years
10of the date of death of an Armed Forces member killed in the
11line of duty, compensation shall be paid to the person
12designated by the law enforcement officer, civil defense
13worker, civil air patrol member, paramedic, fireman, chaplain,
14animal control officer, animal warden, State employee, or
15Armed Forces member. However, if the Armed Forces member was
16killed in the line of duty before October 18, 2004, the claim
17must be made within one year of October 18, 2004.
18    (b) The amount of compensation, except for an Armed Forces
19member, shall be $10,000 if the death in the line of duty
20occurred prior to January 1, 1974; $20,000 if such death
21occurred after December 31, 1973 and before July 1, 1983;
22$50,000 if such death occurred on or after July 1, 1983 and
23before January 1, 1996; $100,000 if the death occurred on or
24after January 1, 1996 and before May 18, 2001; $118,000 if the
25death occurred on or after May 18, 2001 and before July 1,

 

 

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12002; and $259,038 if the death occurred on or after July 1,
22002 and before January 1, 2003. For an Armed Forces member
3killed in the line of duty (i) at any time before January 1,
42005, the compensation is $259,038 plus amounts equal to the
5increases for 2003 and 2004 determined under subsection (c)
6and (ii) on or after January 1, 2005, the compensation is the
7amount determined under item (i) plus the applicable increases
8for 2005 and thereafter determined under subsection (c).
9    (c) Except as provided in subsection (b), for deaths
10occurring on or after January 1, 2003, the death compensation
11rate for death in the line of duty occurring in a particular
12calendar year shall be the death compensation rate for death
13occurring in the previous calendar year (or in the case of
14deaths occurring in 2003, the rate in effect on December 31,
152002) increased by a percentage thereof equal to the
16percentage increase, if any, in the index known as the
17Consumer Price Index for All Urban Consumers: U.S. city
18average, unadjusted, for all items, as published by the United
19States Department of Labor, Bureau of Labor Statistics, for
20the 12 months ending with the month of June of that previous
21calendar year.
22    (d) If no beneficiary is designated or if no designated
23beneficiary survives at the death of the law enforcement
24officer, civil defense worker, civil air patrol member,
25paramedic, fireman, chaplain, animal control officer, animal
26warden, or State employee killed in the line of duty, the

 

 

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1compensation shall be paid in accordance with a legally
2binding will left by the law enforcement officer, civil
3defense worker, civil air patrol member, paramedic, fireman,
4chaplain, animal control officer, animal warden, or State
5employee. If the law enforcement officer, civil defense
6worker, civil air patrol member, paramedic, fireman, chaplain,
7animal control officer, animal warden, or State employee did
8not leave a legally binding will, the compensation shall be
9paid 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.
2The changes made to this subsection (d) by this amendatory Act
3of the 94th General Assembly apply to any pending case as long
4as compensation has not been paid to any party before the
5effective date of this amendatory Act of the 94th General
6Assembly.
7    (d-1) For purposes of subsection (d), in the case of a
8person killed in the line of duty who was born out of wedlock
9and was not an adoptive child at the time of the person's
10death, a person shall be deemed to be a parent of the person
11killed in the line of duty only if that person would be an
12eligible parent, as defined in Section 2-2 of the Probate Act
13of 1975, of the person killed in the line of duty. This
14subsection (d-1) applies to any pending claim if compensation
15was not paid to the claimant of the pending claim before the
16effective date of this amendatory Act of the 94th General
17Assembly.
18    (d-2) If no beneficiary is designated or if no designated
19beneficiary survives at the death of the Armed Forces member
20killed in the line of duty, the compensation shall be paid in
21entirety according to the designation made on the most recent
22version of the Armed Forces member's Servicemembers' Group
23Life Insurance Election and Certificate ("SGLI").
24    If no SGLI form exists at the time of the Armed Forces
25member's death, the compensation shall be paid in accordance
26with 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
2Armed Forces member did not leave a legally binding will, the
3compensation shall be paid to the persons and in the priority
4as set forth in paragraphs (1) through (4) of subsection (d) of
5this Section.
6    This subsection (d-2) applies to any pending case as long
7as compensation has not been paid to any party before the
8effective date of this amendatory Act of the 94th General
9Assembly.
10    (e) If there is no beneficiary designated or if no
11designated beneficiary survives at the death of the law
12enforcement officer, civil defense worker, civil air patrol
13member, paramedic, fireman, chaplain, animal control officer,
14animal warden, State employee, or Armed Forces member killed
15in the line of duty and there is no other person or entity to
16whom compensation is payable under this Section, no
17compensation shall be payable under this Act.
18    (f) No part of such compensation may be paid to any other
19person for any efforts in securing such compensation.
20    (g) This amendatory Act of the 93rd General Assembly
21applies to claims made on or after October 18, 2004 with
22respect to an Armed Forces member killed in the line of duty.
23    (h) In any case for which benefits have not been paid
24within 6 months of the claim being filed in accordance with
25this Section, which is pending as of the effective date of this
26amendatory Act of the 96th General Assembly, and in which

 

 

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1there are 2 or more beneficiaries, at least one of whom would
2receive at least a portion of the total benefit regardless of
3the manner in which the Court of Claims resolves the claim, the
4Court shall direct the Comptroller to pay the minimum amount
5of money which the determinate beneficiary would receive
6together with all interest payment penalties which have
7accrued on that portion of the award being paid within 30 days
8of the effective date of this amendatory Act of the 96th
9General Assembly. For purposes of this subsection (h),
10"determinate beneficiary" means the beneficiary who would
11receive any portion of the total benefit claimed regardless of
12the manner in which the Court of Claims adjudicates the claim.
13    (i) The Court of Claims shall ensure that all individuals
14who have filed an application to claim the duty death benefit
15for a deceased member of the Armed Forces pursuant to this
16Section or for a fireman pursuant to this Section, or their
17designated representative, shall have access, on a timely
18basis and in an efficient manner, to all information related
19to the court's consideration, processing, or adjudication of
20the 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
3claimants within 2 weeks of the initiation of a claim
4indicating whether or not the application is complete. For
5purposes of this subsection (j), an application is complete if
6a claimant has submitted to the Court of Claims all documents
7and information the Court requires for adjudicating and paying
8the benefit amount. For purposes of this subsection (j), a
9claim for the duty death benefit is initiated when a claimant
10submits any of the application materials required for
11adjudicating the claim to the Court of Claims. In the event a
12claimant's application is incomplete, the Court shall include
13in its written notice a list of the information or documents
14which the claimant must submit in order for the application to
15be complete. In no case may the Court of Claims deny a claim
16and subsequently re-adjudicate the same claim for the purpose
17of evading or reducing the interest penalty payment amount
18payable to any claimant.
19(Source: P.A. 95-928, eff. 8-26-08; 96-539, eff. 1-1-10;
2096-923, eff. 1-1-11.)
 
21    (820 ILCS 315/4)   (from Ch. 48, par. 284)
22    Sec. 4. Notwithstanding Section 3, no compensation is
23payable under this Act unless a claim therefor is filed,
24within the time specified by that Section with the Court of
25Claims on an application prescribed and furnished by the

 

 

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1Attorney 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
2investigation for substantiation of matters set forth in such
3an application.
4    For the 2 years immediately following the effective date
5of this amendatory act of the 96th General Assembly, the Court
6of Claims shall direct the Comptroller to pay a
7"Modified-Eligibility Line of Duty Benefit" to eligible late
8claimants who file a claim for the benefit. A claim for a
9Modified-Eligibility Line of Duty Benefit must include all the
10application materials and documents required for all other
11claims payable under this Act, except as otherwise provided in
12this Section 4. For purposes of this Section 4 only, an
13"eligible late claimant" is a person who would have been
14eligible, at any time after September 11, 2001, to apply for
15and receive payment of a claim pursuant to this Act in
16connection with the death of an Armed Forces member killed in
17the line of duty or a fireman killed in the line of duty, but
18did 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.)