Bill Amendment: IL SB2481 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COURT OF CLAIMS AWARD LIMITS
Status: 2018-11-29 - Public Act . . . . . . . . . 100-1124 [SB2481 Detail]
Download: Illinois-2017-SB2481-Senate_Amendment_002.html
Bill Title: COURT OF CLAIMS AWARD LIMITS
Status: 2018-11-29 - Public Act . . . . . . . . . 100-1124 [SB2481 Detail]
Download: Illinois-2017-SB2481-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2481
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2 | AMENDMENT NO. ______. Amend Senate Bill 2481 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Court of Claims Act is amended by changing | ||||||
5 | Sections 8, 16, 18, 21, 22, and 24 as follows:
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6 | (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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7 | Sec. 8. Court of Claims jurisdiction; deliberation | ||||||
8 | periods. The court shall have exclusive
jurisdiction to hear | ||||||
9 | and determine the following matters:
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10 | (a) All claims against the State founded upon any law of | ||||||
11 | the State of
Illinois or upon any regulation adopted thereunder | ||||||
12 | by an executive or
administrative officer or agency; provided, | ||||||
13 | however, the court shall not have
jurisdiction (i) to hear or | ||||||
14 | determine claims arising under
the Workers' Compensation Act or | ||||||
15 | the Workers' Occupational Diseases Act, or
claims for expenses | ||||||
16 | in civil litigation, or (ii) to review administrative
decisions |
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1 | for which a statute provides that review shall be in the | ||||||
2 | circuit or
appellate court.
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3 | (b) All claims against the State founded upon any contract | ||||||
4 | entered
into with the State of Illinois.
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5 | (c) All claims against the State for time unjustly served | ||||||
6 | in prisons
of this State when
the person
imprisoned received
a | ||||||
7 | pardon from
the governor stating that such pardon is issued on | ||||||
8 | the ground of
innocence of the crime for which he or she was
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9 | imprisoned or he or she received a certificate of innocence | ||||||
10 | from the Circuit Court as provided in Section 2-702 of the Code | ||||||
11 | of Civil Procedure; provided, the amount of the award is at the | ||||||
12 | discretion of the court; and provided, the
court shall make no | ||||||
13 | award in excess of the following amounts: for
imprisonment of 5 | ||||||
14 | years or less, not more than $85,350; for imprisonment
of 14 | ||||||
15 | years or less but over 5 years, not more than $170,000; for
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16 | imprisonment of over 14 years, not more than $199,150; and | ||||||
17 | provided
further, the court shall fix attorney's fees not to | ||||||
18 | exceed 25% of the award
granted. On or after the effective date | ||||||
19 | of this amendatory Act of the 95th General Assembly,
the court | ||||||
20 | shall
annually adjust the maximum awards authorized by this | ||||||
21 | subsection (c) to reflect
the increase, if any, in the Consumer | ||||||
22 | Price Index For All Urban Consumers for
the previous calendar | ||||||
23 | year, as determined by the United States Department of
Labor, | ||||||
24 | except that no annual increment may exceed 5%. For the annual | ||||||
25 | adjustments, if the Consumer Price Index
decreases during a | ||||||
26 | calendar year, there shall be no adjustment for that
calendar |
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1 | year. The transmission by the Prisoner Review Board or the | ||||||
2 | clerk of the circuit court of the information described in | ||||||
3 | Section 11(b) to the clerk of the Court of Claims is conclusive | ||||||
4 | evidence of the validity of the claim. The changes made by this | ||||||
5 | amendatory Act of the 95th General Assembly apply to all
claims | ||||||
6 | pending on or filed on or after the effective date.
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7 | (d) All claims against the State for damages in cases | ||||||
8 | sounding in tort, if
a like cause of action would lie against a | ||||||
9 | private person or corporation in a
civil suit, and all like | ||||||
10 | claims sounding in tort against the Medical Center
Commission, | ||||||
11 | the Board of Trustees of the University of Illinois, the Board | ||||||
12 | of
Trustees of Southern Illinois University, the Board of | ||||||
13 | Trustees of Chicago
State University, the Board of Trustees of | ||||||
14 | Eastern Illinois University, the
Board of Trustees of Governors | ||||||
15 | State University, the Board of Trustees of
Illinois State | ||||||
16 | University, the Board of Trustees of Northeastern Illinois
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17 | University, the Board of Trustees of Northern Illinois | ||||||
18 | University, the Board
of Trustees of Western Illinois | ||||||
19 | University, or the Board of Trustees of the
Illinois | ||||||
20 | Mathematics and Science Academy; provided, that an award for | ||||||
21 | damages
in a case sounding in tort, other than certain cases | ||||||
22 | involving the operation
of a State vehicle described in this | ||||||
23 | paragraph, shall not exceed the sum of $2,000,000
$100,000 to | ||||||
24 | or for the benefit of
any claimant. The $2,000,000 $100,000 | ||||||
25 | limit prescribed by this Section does not
apply to an award of | ||||||
26 | damages in any case sounding in tort arising out of
the |
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1 | operation by a State employee of a vehicle owned, leased or
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2 | controlled by the State. The defense that the State or the | ||||||
3 | Medical
Center Commission or the Board of Trustees of the | ||||||
4 | University of Illinois, the
Board of Trustees of Southern | ||||||
5 | Illinois University, the Board of Trustees of
Chicago State | ||||||
6 | University, the Board of Trustees of Eastern Illinois | ||||||
7 | University,
the Board of Trustees of Governors State | ||||||
8 | University, the Board of Trustees of
Illinois State University, | ||||||
9 | the Board of Trustees of Northeastern Illinois
University, the | ||||||
10 | Board of Trustees of Northern Illinois University, the Board of
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11 | Trustees of Western Illinois University, or the Board of | ||||||
12 | Trustees of the
Illinois Mathematics and Science Academy is not | ||||||
13 | liable for the negligence of
its officers, agents, and | ||||||
14 | employees in the course of their employment is not
applicable | ||||||
15 | to the hearing and determination of such claims. The changes to | ||||||
16 | this Section made by this amendatory Act of the 100th General | ||||||
17 | Assembly apply only to claims filed on or after July 1, 2015. | ||||||
18 | The court shall
annually adjust the maximum awards | ||||||
19 | authorized by this subsection to reflect
the increase, if any, | ||||||
20 | in the Consumer Price Index For All Urban Consumers for
the | ||||||
21 | previous calendar year, as determined by the United States | ||||||
22 | Department of
Labor. The Comptroller shall make the new amount | ||||||
23 | resulting from each annual adjustment available to the public | ||||||
24 | via the Comptroller's official website by January 31 of every | ||||||
25 | year.
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26 | (e) All claims for recoupment made by the State of Illinois |
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1 | against
any claimant.
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2 | (f) All claims pursuant to the Line of Duty Compensation
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3 | Act. A claim under that Act must be heard and determined within | ||||||
4 | one year after the application for that claim is filed with the | ||||||
5 | Court as provided in that Act.
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6 | (g) All claims filed pursuant to the Crime Victims | ||||||
7 | Compensation Act.
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8 | (h) All claims pursuant to the Illinois National | ||||||
9 | Guardsman's Compensation
Act. A claim under that Act must be | ||||||
10 | heard and determined within one year after the application for | ||||||
11 | that claim is filed with the Court as provided in that Act.
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12 | (i) All claims authorized by subsection (a) of Section | ||||||
13 | 10-55 of the Illinois
Administrative Procedure Act for the | ||||||
14 | expenses incurred by a party in a
contested case on the | ||||||
15 | administrative level.
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16 | (Source: P.A. 95-970, eff. 9-22-08; 96-80, eff. 7-27-09.)
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17 | (705 ILCS 505/16) (from Ch. 37, par. 439.16)
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18 | Sec. 16. Concurrence of judges. Concurrence of 4 judges is | ||||||
19 | necessary to
the decision of any
case , except that the | ||||||
20 | signature of one judge is binding if a decision is entered in a | ||||||
21 | lapsed appropriation claim in which a motion or stipulation has | ||||||
22 | been filed or a decision is entered on a Crime Victims | ||||||
23 | Compensation Act claim. The ; provided, however, the court in | ||||||
24 | its discretion may assign any case
to a commissioner for | ||||||
25 | hearing and final decision, subject to whatever right
of review |
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1 | the court by rule may choose to exercise. In matters involving | ||||||
2 | the
award of emergency funds under the Crime Victims | ||||||
3 | Compensation Act, the decision
of one judge is necessary to | ||||||
4 | award emergency funds.
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5 | (Source: P.A. 92-286, eff. 1-1-02.)
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6 | (705 ILCS 505/18) (from Ch. 37, par. 439.18)
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7 | Sec. 18.
The court shall provide, by rule, for the | ||||||
8 | maintenance of separate
records of claims which arise solely | ||||||
9 | due to lapsed appropriations and for
claims for which amount of | ||||||
10 | recovery sought is less than $50,000 $5,000 .
In all
other | ||||||
11 | cases, the court or Commissioner as the case may be, shall file
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12 | with its clerk a written opinion in each
case upon final | ||||||
13 | disposition thereof. All opinions shall be compiled and
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14 | published annually by the clerk of the court.
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15 | (Source: P.A. 90-492, eff. 8-17-97.)
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16 | (705 ILCS 505/21)
(from Ch. 37, par. 439.21)
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17 | Sec. 21. The court is authorized to impose, by uniform | ||||||
18 | rules, a fee of $15
for the filing of a petition in any case in | ||||||
19 | which the award sought is more
than $50 and less than $1,000 | ||||||
20 | and $35 in any case in which the award sought
is $1,000 or | ||||||
21 | more; and to charge and collect for copies of opinions or
other | ||||||
22 | documents filed in the Court of Claims such fees as may be | ||||||
23 | prescribed
by the rules of the Court. All fees and charges so | ||||||
24 | collected shall be
forthwith paid into the State Treasury.
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1 | A petitioner who is a prisoner in an Illinois Department of | ||||||
2 | Corrections
facility who files a pleading, motion, or other | ||||||
3 | filing that purports to be a
legal document against the State, | ||||||
4 | the
Illinois Department of Corrections, the Prisoner Review | ||||||
5 | Board, or any of their
officers or employees in which the
court | ||||||
6 | makes a specific finding that it is frivolous shall pay all | ||||||
7 | filing fees
and court costs
in the manner provided in Article | ||||||
8 | XXII of the Code of Civil Procedure.
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9 | In claims based upon lapsed appropriations or lost warrant | ||||||
10 | or in claims
filed
under the Line of Duty
Compensation Act,
the | ||||||
11 | Illinois
National Guardsman's Compensation Act, or the Crime
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12 | Victims Compensation Act or in claims filed by medical vendors | ||||||
13 | for medical
services rendered by the claimant to persons | ||||||
14 | eligible for Medical Assistance
under programs administered by | ||||||
15 | the Department of Healthcare and Family Services, no filing
fee | ||||||
16 | shall be required.
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17 | The changes made to this Section by this amendatory Act of | ||||||
18 | the 100th General Assembly apply only to claims filed on or | ||||||
19 | after the effective date of this amendatory Act of the 100th | ||||||
20 | General Assembly. | ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07.)
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22 | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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23 | Sec. 22. Every claim cognizable by the Court and not | ||||||
24 | otherwise sooner
barred by law shall be forever barred from | ||||||
25 | prosecution therein unless it
is filed with the Clerk of the |
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1 | Court within the time set forth as follows:
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2 | (a) All claims arising out of a contract must be filed | ||||||
3 | within 5
years after it first accrues, saving to minors, and | ||||||
4 | persons under legal
disability at the time the claim accrues, | ||||||
5 | in which cases the claim must be
filed within 5 years from the | ||||||
6 | time the disability ceases.
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7 | (b) All claims cognizable against the State by vendors of | ||||||
8 | goods or services
under "The Illinois Public Aid Code", | ||||||
9 | approved April 11, 1967, as amended,
must file within one year | ||||||
10 | after the accrual of the cause of action, as provided
in | ||||||
11 | Section 11-13 of that Code.
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12 | (c) All claims arising under paragraph (c) of Section 8 of | ||||||
13 | this Act
must
be automatically heard by the court
within 120
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14 | days
after the person
asserting such
claim is either issued a | ||||||
15 | certificate of innocence from the Circuit Court as provided in | ||||||
16 | Section 2-702 of the Code of Civil Procedure, or is granted a | ||||||
17 | pardon by the Governor, whichever occurs later,
without the | ||||||
18 | person asserting the claim being required to file a petition | ||||||
19 | under Section 11 of this Act, except as otherwise provided by | ||||||
20 | the Crime Victims Compensation Act.
Any claims filed by the | ||||||
21 | claimant under paragraph (c) of Section 8 of this Act must be | ||||||
22 | filed within 2 years after the person asserting such claim is | ||||||
23 | either issued a certificate of innocence as provided in Section | ||||||
24 | 2-702 of the Code of Civil Procedure, or is granted a pardon by | ||||||
25 | the Governor, whichever occurs later.
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26 | (d) All claims arising under paragraph (f) of Section 8 of |
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1 | this Act must
be filed within the time set forth in Section 3 | ||||||
2 | of the Line of Duty Compensation Act.
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3 | (e) All claims arising under paragraph (h) of Section 8 of | ||||||
4 | this Act must
be filed within one year of the date of the death | ||||||
5 | of the guardsman or
militiaman as provided in Section 3 of the | ||||||
6 | "Illinois National Guardsman's
and Naval Militiaman's | ||||||
7 | Compensation Act", approved August 12, 1971, as amended.
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8 | (f) All claims arising under paragraph (g) of Section 8 of | ||||||
9 | this Act must
be filed within one year of the crime on which a | ||||||
10 | claim is based as
provided in Section 6.1 of the "Crime Victims | ||||||
11 | Compensation Act", approved
August 23, 1973, as amended.
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12 | (g) All claims arising from the Comptroller's refusal to | ||||||
13 | issue a
replacement warrant pursuant to Section 10.10 of the | ||||||
14 | State Comptroller Act
must be filed within 5 years after the | ||||||
15 | date of the Comptroller's refusal issue date of such warrant .
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16 | (h) All other claims must be filed within 2 years after it | ||||||
17 | first accrues,
saving to minors, and persons under legal | ||||||
18 | disability at the time the claim
accrues, in which case the | ||||||
19 | claim must be filed within 2 years from the time
the disability | ||||||
20 | ceases.
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21 | (i) The changes made by Public Act 86-458 this amendatory | ||||||
22 | Act of 1989 shall apply to all
warrants issued within the 5 | ||||||
23 | year period preceding August 31, 1989 ( the effective date of | ||||||
24 | Public Act 86-458)
this amendatory Act of 1989 .
The changes | ||||||
25 | made to this Section by this amendatory Act of the 100th | ||||||
26 | General Assembly apply to claims pending on the effective date |
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1 | of this amendatory Act of the 100th General Assembly and to | ||||||
2 | claims filed thereafter.
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3 | (j) All time limitations established under this Act and the | ||||||
4 | rules
promulgated under this Act shall be binding and | ||||||
5 | jurisdictional, except upon
extension authorized by law or rule | ||||||
6 | and granted pursuant to a motion timely filed.
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7 | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | ||||||
8 | 96-328, eff. 8-11-09.)
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9 | (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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10 | Sec. 24. Payment of awards.
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11 | (1) From funds appropriated by the General Assembly for the | ||||||
12 | purposes
of this Section the Court may direct
immediate payment | ||||||
13 | of:
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14 | (a) All claims arising solely as a result of the | ||||||
15 | lapsing of an
appropriation out of which the obligation | ||||||
16 | could have been paid.
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17 | (b) All claims pursuant to the Line of Duty
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18 | Compensation Act.
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19 | (c) All claims pursuant to the "Illinois National | ||||||
20 | Guardsman's and
Naval Militiaman's Compensation Act", | ||||||
21 | approved August 12, 1971, as
amended.
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22 | (d) All claims pursuant to the "Crime Victims | ||||||
23 | Compensation Act",
approved August 23, 1973, as amended. | ||||||
24 | (d-5) All claims against the State for unjust | ||||||
25 | imprisonment as provided in subsection (c) of Section 8 of |
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1 | this Act.
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2 | (e) All other claims wherein the amount of the award of | ||||||
3 | the Court
is less than $50,000 $5,000 .
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4 | (2) The court may, from funds specifically appropriated | ||||||
5 | from the General
Revenue Fund for this purpose, direct the | ||||||
6 | payment of awards less than $50,000
solely as a result
of the | ||||||
7 | lapsing of an appropriation originally made from any fund held | ||||||
8 | by the
State Treasurer. For any such award paid from the | ||||||
9 | General Revenue Fund, the
court
shall thereafter seek an | ||||||
10 | appropriation from the fund from which the liability
originally | ||||||
11 | accrued in reimbursement of the General Revenue Fund.
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12 | (3) In directing payment of a claim pursuant to the Line of | ||||||
13 | Duty
Compensation Act, the Court must direct the Comptroller to | ||||||
14 | add an interest penalty if payment of a claim is not made | ||||||
15 | within 6 months after a claim is filed in accordance with | ||||||
16 | Section 3 of the Line of Duty
Compensation Act and all | ||||||
17 | information has been submitted as required under Section 4 of | ||||||
18 | the Line of Duty
Compensation Act. If payment is not issued | ||||||
19 | within the 6-month period, an interest penalty of 1% of the | ||||||
20 | amount of the award shall be added for each month or fraction | ||||||
21 | thereof after the end of the 6-month period, until final | ||||||
22 | payment is made. This interest penalty shall be added | ||||||
23 | regardless of whether the payment is not issued within the | ||||||
24 | 6-month period because of the appropriation process, the | ||||||
25 | consideration of the matter by the Court, or any other reason. | ||||||
26 | (3.5) The interest penalty payment provided for in |
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1 | subsection (3) shall be added to all claims for which benefits | ||||||
2 | were not paid as of the effective date of P.A. 95-928. The | ||||||
3 | interest penalty shall be calculated starting from the | ||||||
4 | effective date of P.A. 95-928, provided that the effective date | ||||||
5 | of P.A. 95-928 is at least 6 months after the date on which the | ||||||
6 | claim was filed in accordance with Section 3 of the Line of | ||||||
7 | Duty Compensation Act. In the event that the date 6 months | ||||||
8 | after the date on which the claim was filed is later than the | ||||||
9 | effective date of P.A. 95-928, the Court shall calculate the | ||||||
10 | interest payment penalty starting from the date 6 months after | ||||||
11 | the date on which the claim was filed in accordance with | ||||||
12 | Section 3 of the Line of Duty Compensation Act. This subsection | ||||||
13 | (3.5) of this amendatory Act of the 96th General Assembly is | ||||||
14 | declarative of existing law. | ||||||
15 | (3.6) In addition to the interest payments provided for in | ||||||
16 | subsections (3) and (3.5), the Court shall direct the | ||||||
17 | Comptroller to add a "catch-up" payment to the claims of | ||||||
18 | eligible claimants. For the purposes of this subsection (3.6), | ||||||
19 | an "eligible claimant" is a claimant whose claim is not paid in | ||||||
20 | the year in which it was filed. For purposes of this subsection | ||||||
21 | (3.6), "'catch-up' payment" is defined as the difference | ||||||
22 | between the amount paid to claimants whose claims were filed in | ||||||
23 | the year in which the eligible claimant's claim is paid and the | ||||||
24 | amount paid to claimants whose claims were filed in the year in | ||||||
25 | which the eligible claimant filed his or her claim. The | ||||||
26 | "catch-up" payment is payable simultaneously with the claim |
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1 | award. | ||||||
2 | (4)
From funds appropriated by the General Assembly for the | ||||||
3 | purposes of
paying claims under paragraph (c) of Section 8, the | ||||||
4 | court must direct payment
of each claim and the payment must be | ||||||
5 | received by the claimant within 60 days after the date that the | ||||||
6 | funds are appropriated for that purpose.
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7 | (Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08; | ||||||
8 | 96-328, eff. 8-11-09; 96-539, eff. 1-1-10.)
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9 | Section 97. Severability. The provisions of this Act are | ||||||
10 | severable under Section 1.31 of the Statute on Statutes.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
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