Bill Text: IL SB0217 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Court of Claims Act. Provides that, for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget on any continuing appropriation that is used at the conclusion of a fiscal year. Amends the Line of Duty Compensation Act. Provides that if a claim is made within 2 years (rather than one year) of the date of death of a law enforcement officer, civil defense worker, civil air patrol member, paramedic, fireman, chaplain, or State employee killed in the line of duty, compensation shall be paid to the person designated by the law enforcement officer, civil defense worker, civil air patrol member, paramedic, fireman, chaplain, or State employee. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 17-11)

Status: (Introduced) 2023-03-22 - Added as Co-Sponsor Sen. Jil Tracy [SB0217 Detail]

Download: Illinois-2023-SB0217-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0217 Introduced 1/31/2023, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
705 ILCS 505/24 from Ch. 37, par. 439.24
820 ILCS 315/3 from Ch. 48, par. 283
Amends the Court of Claims Act. Provides that, for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget on any continuing appropriation that is used at the conclusion of a fiscal year. Amends the Line of Duty Compensation Act. Provides that if a claim is made within 2 years (rather than one year) of the date of death of a law enforcement officer, civil defense worker, civil air patrol member, paramedic, fireman, chaplain, or State employee killed in the line of duty, compensation shall be paid to the person designated by the law enforcement officer, civil defense worker, civil air patrol member, paramedic, fireman, chaplain, or State employee. Effective immediately.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Court of Claims Act is amended by changing
Section 24 as follows:
(705 ILCS 505/24) (from Ch. 37, par. 439.24)
Sec. 24. Payment of awards.
(1) From funds appropriated by the General Assembly for
the purposes of this Section the Court may direct immediate
payment of:
(a) All claims arising solely as a result of the
lapsing of an appropriation out of which the obligation
could have been paid.
(b) All claims pursuant to the Line of Duty
Compensation Act.
(c) All claims pursuant to the "Illinois National
Guardsman's and Naval Militiaman's Compensation Act",
approved August 12, 1971, as amended.
(d) All claims pursuant to the "Crime Victims
Compensation Act", approved August 23, 1973, as amended.
(d-5) All claims against the State for unjust
imprisonment as provided in subsection (c) of Section 8 of
this Act.

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(e) All other claims wherein the amount of the award
of the Court is less than $50,000.
(2) The court may, from funds specifically appropriated
from the General Revenue Fund for this purpose, direct the
payment of awards less than $50,000 solely as a result of the
lapsing of an appropriation originally made from any fund held
by the State Treasurer. For any such award paid from the
General Revenue Fund, the court shall thereafter seek an
appropriation from the fund from which the liability
originally accrued in reimbursement of the General Revenue
Fund.
(3) In directing payment of a claim pursuant to the Line of
Duty Compensation Act, the Court must direct the Comptroller
to add an interest penalty if payment of a claim is not made
within 6 months after a claim is filed in accordance with
Section 3 of the Line of Duty Compensation Act and all
information has been submitted as required under Section 4 of
the Line of Duty Compensation Act. If payment is not issued
within the 6-month period, an interest penalty of 1% of the
amount of the award shall be added for each month or fraction
thereof after the end of the 6-month period, until final
payment is made. This interest penalty shall be added
regardless of whether the payment is not issued within the
6-month period because of the appropriation process, the
consideration of the matter by the Court, or any other reason.
(3.5) The interest penalty payment provided for in

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subsection (3) shall be added to all claims for which benefits
were not paid as of the effective date of P.A. 95-928. The
interest penalty shall be calculated starting from the
effective date of P.A. 95-928, provided that the effective
date of P.A. 95-928 is at least 6 months after the date on
which the claim was filed in accordance with Section 3 of the
Line of Duty Compensation Act. In the event that the date 6
months after the date on which the claim was filed is later
than the effective date of P.A. 95-928, the Court shall
calculate the interest payment penalty starting from the date
6 months after the date on which the claim was filed in
accordance with Section 3 of the Line of Duty Compensation
Act. This subsection (3.5) of this amendatory Act of the 96th
General Assembly is declarative of existing law.
(3.6) In addition to the interest payments provided for in
subsections (3) and (3.5), the Court shall direct the
Comptroller to add a "catch-up" payment to the claims of
eligible claimants. For the purposes of this subsection (3.6),
an "eligible claimant" is a claimant whose claim is not paid in
the year in which it was filed. For purposes of this subsection
(3.6), "'catch-up' payment" is defined as the difference
between the amount paid to claimants whose claims were filed
in the year in which the eligible claimant's claim is paid and
the amount paid to claimants whose claims were filed in the
year in which the eligible claimant filed his or her claim. The
"catch-up" payment is payable simultaneously with the claim

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award.
(3.7) For the purpose of making up any deficiency in the
appropriation for the payment of claims directed pursuant to
the Line of Duty Compensation Act, there is hereby
appropriated, on a continuing annual basis in each fiscal
year, from the General Revenue Fund to the Court of Claims, the
amount, if any, by which the total appropriation for the
payment of claims directed pursuant to the Line of Duty
Compensation Act for the fiscal year is less than the amount
required for the payment of claims pursuant to the Line of Duty
Compensation Act for that fiscal year. The amount of any
continuing appropriation used by the Court of Claims under
this subsection (3.7) for a given fiscal year shall be charged
against the unexpended amount of any appropriation for line of
duty awards to the Court of Claims for that fiscal year that
subsequently becomes available. The Court of Claims shall
report to the President and Minority Leader of the Senate, the
Speaker and Minority Leader of the House of Representatives,
and the Governor's Office of Management and Budget on any
continuing appropriation that is used at the conclusion of a
fiscal year.
(4) From funds appropriated by the General Assembly for
the purposes of paying claims under paragraph (c) of Section
8, the court must direct payment of each claim and the payment
must be received by the claimant within 60 days after the date
that the funds are appropriated for that purpose.

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(Source: P.A. 100-1124, eff. 11-27-18.)
Section 10. The Line of Duty Compensation Act is amended
by changing Section 3 as follows:
(820 ILCS 315/3) (from Ch. 48, par. 283)
Sec. 3. Duty death benefit.
(a) If a claim therefor is made within 2 years one year of
the date of death of a law enforcement officer, civil defense
worker, civil air patrol member, paramedic, fireman, chaplain,
or State employee killed in the line of duty, or if a claim
therefor is made within 2 years of the date of death of an
Armed Forces member killed in the line of duty, compensation
shall be paid to the person designated by the law enforcement
officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, State employee, or Armed Forces
member. However, if the Armed Forces member was killed in the
line of duty before October 18, 2004, the claim must be made
within one year of October 18, 2004. In addition, if a death
occurred after December 31, 2016 and before January 1, 2021,
the claim may be made no later than December 31, 2022
notwithstanding any other deadline established under this Act
with respect to filing a claim for a duty death benefit.
(b) The amount of compensation, except for an Armed Forces
member, shall be $10,000 if the death in the line of duty
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;
$50,000 if such death occurred on or after July 1, 1983 and
before January 1, 1996; $100,000 if the death occurred on or
after January 1, 1996 and before May 18, 2001; $118,000 if the
death occurred on or after May 18, 2001 and before July 1,
2002; and $259,038 if the death occurred on or after July 1,
2002 and before January 1, 2003. For an Armed Forces member
killed in the line of duty (i) at any time before January 1,
2005, the compensation is $259,038 plus amounts equal to the
increases for 2003 and 2004 determined under subsection (c)
and (ii) on or after January 1, 2005, the compensation is the
amount determined under item (i) plus the applicable increases
for 2005 and thereafter determined under subsection (c).
(c) Except as provided in subsection (b), for deaths
occurring on or after January 1, 2003, the death compensation
rate for death in the line of duty occurring in a particular
calendar year shall be the death compensation rate for death
occurring in the previous calendar year (or in the case of
deaths occurring in 2003, the rate in effect on December 31,
2002) increased by a percentage thereof equal to the
percentage increase, if any, in the index known as the
Consumer Price Index for All Urban Consumers: U.S. city
average, unadjusted, for all items, as published by the United
States Department of Labor, Bureau of Labor Statistics, for
the 12 months ending with the month of June of that previous
calendar year.

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(d) If no beneficiary is designated or if no designated
beneficiary survives at the death of the law enforcement
officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, or State employee killed in the
line of duty, the compensation shall be paid in accordance
with a legally binding will left by the law enforcement
officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, or State employee. If the law
enforcement officer, civil defense worker, civil air patrol
member, paramedic, fireman, chaplain, or State employee did
not leave a legally binding will, the compensation shall be
paid as follows:
(1) when there is a surviving spouse, the entire sum
shall be paid to the spouse;
(2) when there is no surviving spouse, but a surviving
descendant of the decedent, the entire sum shall be paid
to the decedent's descendants per stirpes;
(3) when there is neither a surviving spouse nor a
surviving descendant, the entire sum shall be paid to the
parents of the decedent in equal parts, allowing to the
surviving parent, if one is dead, the entire sum; and
(4) when there is no surviving spouse, descendant or
parent of the decedent, but there are surviving brothers
or sisters, or descendants of a brother or sister, who
were receiving their principal support from the decedent
at his death, the entire sum shall be paid, in equal parts,

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to the dependent brothers or sisters or dependent
descendant of a brother or sister. Dependency shall be
determined by the Court of Claims based upon the
investigation and report of the Attorney General.
The changes made to this subsection (d) by this amendatory Act
of the 94th General Assembly apply to any pending case as long
as compensation has not been paid to any party before the
effective date of this amendatory Act of the 94th General
Assembly.
(d-1) For purposes of subsection (d), in the case of a
person killed in the line of duty who was born out of wedlock
and was not an adoptive child at the time of the person's
death, a person shall be deemed to be a parent of the person
killed in the line of duty only if that person would be an
eligible parent, as defined in Section 2-2 of the Probate Act
of 1975, of the person killed in the line of duty. This
subsection (d-1) applies to any pending claim if compensation
was not paid to the claimant of the pending claim before the
effective date of this amendatory Act of the 94th General
Assembly.
(d-2) If no beneficiary is designated or if no designated
beneficiary survives at the death of the Armed Forces member
killed in the line of duty, the compensation shall be paid in
entirety according to the designation made on the most recent
version of the Armed Forces member's Servicemembers' Group
Life Insurance Election and Certificate ("SGLI").

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If no SGLI form exists at the time of the Armed Forces
member's death, the compensation shall be paid in accordance
with a legally binding will left by the Armed Forces member.
If no SGLI form exists for the Armed Forces member and the
Armed Forces member did not leave a legally binding will, the
compensation shall be paid to the persons and in the priority
as set forth in paragraphs (1) through (4) of subsection (d) of
this Section.
This subsection (d-2) applies to any pending case as long
as compensation has not been paid to any party before the
effective date of this amendatory Act of the 94th General
Assembly.
(e) If there is no beneficiary designated or if no
designated beneficiary survives at the death of the law
enforcement officer, civil defense worker, civil air patrol
member, paramedic, fireman, chaplain, State employee, or Armed
Forces member killed in the line of duty and there is no other
person or entity to whom compensation is payable under this
Section, no compensation shall be payable under this Act.
(f) No part of such compensation may be paid to any other
person for any efforts in securing such compensation.
(g) This amendatory Act of the 93rd General Assembly
applies to claims made on or after October 18, 2004 with
respect to an Armed Forces member killed in the line of duty.
(h) In any case for which benefits have not been paid
within 6 months of the claim being filed in accordance with

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this Section, which is pending as of the effective date of this
amendatory Act of the 96th General Assembly, and in which
there are 2 or more beneficiaries, at least one of whom would
receive at least a portion of the total benefit regardless of
the manner in which the Court of Claims resolves the claim, the
Court shall direct the Comptroller to pay the minimum amount
of money which the determinate beneficiary would receive
together with all interest payment penalties which have
accrued on that portion of the award being paid within 30 days
of the effective date of this amendatory Act of the 96th
General Assembly. For purposes of this subsection (h),
"determinate beneficiary" means the beneficiary who would
receive any portion of the total benefit claimed regardless of
the manner in which the Court of Claims adjudicates the claim.
(i) The Court of Claims shall ensure that all individuals
who have filed an application to claim the duty death benefit
for a deceased member of the Armed Forces pursuant to this
Section or for a fireman pursuant to this Section, or their
designated representative, shall have access, on a timely
basis and in an efficient manner, to all information related
to the court's consideration, processing, or adjudication of
the claim, including, but not limited to, the following:
(1) a reliable estimate of when the Court of Claims
will adjudicate the claim, or if the Court cannot estimate
when it will adjudicate the claim, a full written
explanation of the reasons for this inability; and

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(2) a reliable estimate, based upon consultation with
the Comptroller, of when the benefit will be paid to the
claimant.
(j) The Court of Claims shall send written notice to all
claimants within 2 weeks of the initiation of a claim
indicating whether or not the application is complete. For
purposes of this subsection (j), an application is complete if
a claimant has submitted to the Court of Claims all documents
and information the Court requires for adjudicating and paying
the benefit amount. For purposes of this subsection (j), a
claim for the duty death benefit is initiated when a claimant
submits any of the application materials required for
adjudicating the claim to the Court of Claims. In the event a
claimant's application is incomplete, the Court shall include
in its written notice a list of the information or documents
which the claimant must submit in order for the application to
be complete. In no case may the Court of Claims deny a claim
and subsequently re-adjudicate the same claim for the purpose
of evading or reducing the interest penalty payment amount
payable to any claimant.
(Source: P.A. 102-215, eff. 7-30-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.