Bill Text: IL HB2922 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Line of Duty Compensation Act. Includes animal control officers and animal wardens within the scope of the Act. Defines terms.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-04-23 - Referred to Assignments [HB2922 Detail]
Download: Illinois-2021-HB2922-Introduced.html
Bill Title: Amends the Line of Duty Compensation Act. Includes animal control officers and animal wardens within the scope of the Act. Defines terms.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-04-23 - Referred to Assignments [HB2922 Detail]
Download: Illinois-2021-HB2922-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Line of Duty Compensation Act is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 2, 3, and 4 as follows:
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6 | (820 ILCS 315/2)
(from Ch. 48, par. 282)
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7 | Sec. 2. As used in this Act, unless the context otherwise | ||||||||||||||||||||||||||||
8 | requires:
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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
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2 | contact with inmates.
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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
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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.
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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.
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17 | (c) "Local governmental entity" includes counties, | ||||||
18 | municipalities
and municipal corporations.
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19 | (d) "State" means the State of Illinois and its | ||||||
20 | departments,
divisions, boards, bureaus, commissions, | ||||||
21 | authorities and colleges and
universities.
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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;
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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.
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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.
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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.
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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.
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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".
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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.
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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.
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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.
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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)
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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:
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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.
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
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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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