Full Text of SB2726 94th General Assembly
SB2726enr 94TH GENERAL ASSEMBLY
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SB2726 Enrolled |
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| AN ACT concerning certain individuals killed in the line of | 2 |
| duty.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois National Guardsman's Compensation | 6 |
| Act is amended, if and only if House Bill 5251 of the 94th | 7 |
| General Assembly becomes law, by changing Section 3 as follows:
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| (20 ILCS 1825/3)
(from Ch. 129, par. 403)
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| Sec. 3. If a claim therefor is made within one year of the | 10 |
| date of the death
of the guardsman, compensation shall be paid | 11 |
| to
the
person designated by such guardsman killed while on | 12 |
| duty. The amount of
compensation shall be equal to the greater | 13 |
| of (i) $100,000 or (ii) the amount
of compensation payable | 14 |
| under Section
3 of the Line of Duty
Compensation Act when an
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| individual to whom that Act applies is killed in the line of | 16 |
| duty. If no
beneficiary is
designated or surviving at the death | 17 |
| of the guardsman killed while on duty, the
compensation shall | 18 |
| be paid as follows:
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| (a) When there is a surviving spouse, the entire sum | 20 |
| shall be paid to
the spouse.
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| (b) When there is no surviving spouse, but a surviving | 22 |
| descendant of the
decedent, the entire sum shall be paid to | 23 |
| the decedent's descendants per
stirpes.
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| (c) When there is neither a surviving spouse nor a | 25 |
| surviving descendant,
the entire sum shall be paid to the | 26 |
| parents of the decedent in equal parts,
allowing to the | 27 |
| surviving parent, if one is dead, the entire sum.
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| (d) When there is no surviving spouse, descendant or | 29 |
| parent of the
decedent, but there are surviving brothers or | 30 |
| sisters, or descendants of a
brother or sister, who were | 31 |
| receiving their principal support from the
decedent at his | 32 |
| death, the entire sum shall be paid, in equal parts, to the
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SB2726 Enrolled |
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| dependent brothers or sisters or dependent descendant of a | 2 |
| brother or
sister. Dependency shall be determined by the | 3 |
| Court of Claims based upon
the investigation and report of | 4 |
| the Attorney General.
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| When there is no beneficiary designated or surviving at the | 6 |
| death of the
guardsman killed while on duty and no surviving | 7 |
| spouse,
descendant, parent, dependent brother or sister, or | 8 |
| dependent
descendant
of a brother or sister, no compensation | 9 |
| shall be payable under this Act.
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| No part of such compensation may be paid to any other | 11 |
| person for any
efforts in securing such compensation.
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| If compensation is payable under the Line of Duty
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| Compensation Act because of the death
of a guardsman, the | 14 |
| provisions of that Act shall apply to the payment of that | 15 |
| compensation.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| Section 10. The Line of Duty Compensation Act is amended, | 18 |
| if and only if House Bill 5251 of the 94th General Assembly | 19 |
| becomes law, by changing Section 3 as follows:
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| (820 ILCS 315/3)
(from Ch. 48, par. 283)
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| Sec. 3. Duty death benefit. | 22 |
| (a) If a claim therefor is made within one
year of the date | 23 |
| of death of a law enforcement officer, civil
defense worker, | 24 |
| civil air patrol member, paramedic, fireman, chaplain,
State | 25 |
| employee, or Armed Forces member killed in the line of duty,
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| compensation shall be paid to the person designated by the law
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| enforcement officer, civil defense worker, civil air patrol | 28 |
| member, paramedic,
fireman, chaplain, State employee, or Armed | 29 |
| Forces member. However, if the Armed Forces member was killed | 30 |
| in the line of duty before
October 18, 2004, the
claim must be | 31 |
| made within one year of October 18, 2004.
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| (b)
The amount of compensation, except for an Armed Forces | 33 |
| member, shall be $10,000 if the death in the
line of duty | 34 |
| occurred prior to January 1, 1974; $20,000 if
such death |
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| occurred after December 31, 1973 and before July 1, 1983;
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| $50,000 if such death occurred on or after July 1, 1983 and | 3 |
| before January 1,
1996; $100,000 if the death occurred on or | 4 |
| after January 1, 1996 and
before May 18, 2001; $118,000 if the | 5 |
| death occurred on or after May
18, 2001 and before July 1, | 6 |
| 2002; and $259,038 if the death occurred on or after July 1, | 7 |
| 2002 and before January
1, 2003. For an Armed Forces member | 8 |
| killed in the line of duty (i) at any time before January 1, | 9 |
| 2005, the compensation is $259,038 plus amounts equal to the | 10 |
| increases for 2003 and 2004 determined under subsection (c) and | 11 |
| (ii) on or after January 1, 2005, the compensation is the | 12 |
| amount determined under item (i) plus the applicable increases | 13 |
| for 2005 and thereafter determined under subsection (c).
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| (c) Except as provided in subsection (b), for deaths | 15 |
| occurring on or after January 1, 2003, the death
compensation | 16 |
| rate for death in the line of duty occurring in a particular
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| calendar year shall be the death compensation rate for death | 18 |
| occurring in the
previous calendar year (or in the case of | 19 |
| deaths occurring in 2003, the rate
in effect on December 31, | 20 |
| 2002) increased by a percentage thereof equal to
the percentage | 21 |
| increase, if any, in the index known as the Consumer Price
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| Index for All Urban Consumers: U.S. city average, unadjusted, | 23 |
| for all items,
as published by the United States Department of | 24 |
| Labor, Bureau of Labor
Statistics, for the 12 months ending | 25 |
| with the month of June of that previous
calendar year.
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| (d) If no beneficiary is designated or if no designated | 27 |
| beneficiary survives
or surviving at the death of the law
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| enforcement officer, civil defense worker, civil air patrol | 29 |
| member,
paramedic, fireman, chaplain, or State employee , or | 30 |
| Armed Forces member
killed in the line of
duty, the | 31 |
| compensation shall be paid in accordance with a legally binding | 32 |
| will left by the law
enforcement officer, civil defense worker, | 33 |
| civil air patrol member,
paramedic, fireman, chaplain, or State | 34 |
| employee. If the law
enforcement officer, civil defense worker, | 35 |
| civil air patrol member,
paramedic, fireman, chaplain, or State | 36 |
| employee did not leave a legally binding will, the compensation |
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SB2726 Enrolled |
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| shall be paid as follows:
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| (1) when there is a surviving spouse, the entire sum | 3 |
| shall be paid to
the spouse;
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| (2) when there is no surviving spouse, but a surviving | 5 |
| descendant of the
decedent, the entire sum shall be paid to | 6 |
| the decedent's descendants per
stirpes;
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| (3) when there is neither a surviving spouse nor a | 8 |
| surviving descendant,
the entire sum shall be paid to the | 9 |
| parents of the decedent in equal parts,
allowing to the | 10 |
| surviving parent, if one is dead, the entire sum; and
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| (4) when there is no surviving spouse, descendant or | 12 |
| parent of the
decedent, but there are surviving brothers or | 13 |
| sisters, or descendants of a
brother or sister, who were | 14 |
| receiving their principal support from the
decedent at his | 15 |
| death, the entire sum shall be paid, in equal parts, to the
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| dependent brothers or sisters or dependent descendant of a | 17 |
| brother or
sister. Dependency shall be determined by the | 18 |
| Court of Claims based upon
the investigation and report of | 19 |
| the Attorney General.
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| The changes made to this subsection (d) by this amendatory Act | 21 |
| of the 94th General Assembly apply to any pending case as long | 22 |
| as compensation has not been paid to any party before the | 23 |
| effective date of this amendatory Act of the 94th General | 24 |
| Assembly.
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| (d-1) For purposes of subsection (d), in the case of a | 26 |
| person killed in the line of duty who was born out of wedlock | 27 |
| and was not an adoptive child at the time of the person's | 28 |
| death, a person shall be deemed to be a parent of the person | 29 |
| killed in the line of duty only if that person would be an | 30 |
| eligible parent, as defined in Section 2-2 of the Probate Act | 31 |
| of 1975, of the person killed in the line of duty. This | 32 |
| subsection (d-1) applies to any pending claim if compensation | 33 |
| was not paid to the claimant of the pending claim before the | 34 |
| effective date of this amendatory Act of the 94th General | 35 |
| Assembly.
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| (d-2) If no beneficiary is designated or if no designated |
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| beneficiary survives at the death of the Armed Forces member | 2 |
| killed in the line of duty, the compensation shall be paid in | 3 |
| entirety according to the designation made on the most recent | 4 |
| version of the Armed Forces member's Servicemembers' Group Life | 5 |
| Insurance Election and Certificate ("SGLI"). | 6 |
| If no SGLI form exists at the time of the Armed Forces | 7 |
| member's death, the compensation shall be paid in accordance | 8 |
| with a legally binding will left by the Armed Forces member. | 9 |
| If no SGLI form exists for the Armed Forces member and the | 10 |
| Armed Forces member did not leave a legally binding will, the | 11 |
| compensation shall be paid to the persons and in the priority | 12 |
| as set forth in paragraphs (1) through (4) of subsection (d) of | 13 |
| this Section. | 14 |
| This subsection (d-2) applies to any pending case as long | 15 |
| as compensation has not been paid to any party before the | 16 |
| effective date of this amendatory Act of the 94th General | 17 |
| Assembly.
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| (e) If
When there is no beneficiary designated or if no | 19 |
| designated beneficiary survives
or surviving at the death of | 20 |
| the
law enforcement officer, civil defense worker, civil air | 21 |
| patrol member,
paramedic, fireman, chaplain, State employee, | 22 |
| or Armed Forces member
killed in the line of duty
and there is | 23 |
| no other person or entity to whom compensation is payable under | 24 |
| this Section
surviving spouse, descendant, parent, dependent | 25 |
| brother or sister, or
dependent descendant of a brother or | 26 |
| sister , no compensation shall be payable
under this Act.
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| (f) No part of such compensation may be paid to any other | 28 |
| person for any
efforts in securing such compensation.
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| (g) This amendatory Act of the 93rd General Assembly | 30 |
| applies to claims made on or after October 18, 2004 with | 31 |
| respect to an Armed Forces member killed in the line of duty.
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| (Source: P.A. 92-3, eff. 5-18-01; 92-609, eff. 7-1-02; 93-1047, | 33 |
| eff. 10-18-04; 93-1073, eff. 1-18-05; 94HB5251 enrolled.)
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| Section 99. Effective date. This Act takes effect upon | 35 |
| becoming law. |
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