AUTHORITY: Implementing and authorized by Section 22-9 of the Illinois Military Code [20 ILCS 1805/22-9].

SOURCE: Emergency rule adopted at 27 Ill. Reg. 8468, effective May 6, 2003, for a maximum of 150 days; emergency expired October 2, 2003; adopted at 27 Ill. Reg. 16436, effective October 15, 2003; emergency amendment at 28 Ill. Reg. 16355, effective December 7, 2004, for a maximum of 150 days; emergency expired May 5, 2005; amended at 29 Ill. Reg. 21033, effective December 16, 2005; amended at 31 Ill. Reg. 15834, effective January 1, 2008; emergency amendments at 33 Ill. Reg. 17161, effective December 9, 2009, for a maximum of 150 days; emergency amendments modified in response to an objection by the Joint Committee on Administrative Rules at 34 Ill. Reg. 4917, effective March 22, 2010, for the remainder of the 150 days; amended at 34 Ill. Reg. 6905, effective April 29, 2010; amended at 39 Ill. Reg. 8822, effective June 15, 2015.

SUBPART A: DEFINITIONS

 

Section 200.5  General Purpose

 

The intent of Section 22-9 of the Illinois Military Code and this Part is to provide an opportunity on standard individual income tax forms to allow taxpayers to contribute to the Illinois Military Family Relief Fund:

 

a)         To provide the Illinois Department of Military Affairs the power to make grants from the Fund to:

 

1)         Illinois residents who are members of the Active Duty Armed Forces (on or after November 23, 2009) who are/were called to active military service during an emergency declared by the President of the United States or Congress or as defined in this Part. 

 

2)         Illinois National Guard members who are/were called to active duty during an emergency declared by the President of the United States or Congress or as defined in this Part. 

 

3)         Illinois residents who are members of other Reserve Components of the Armed Forces (including National Guard members of other states) who are/were called to active duty during an emergency declared by the President of the United States or Congress or as defined in this Part. 

 

4)         Members of the Illinois National Guard who have been called to State Active Duty for 30 or more consecutive days of duty.

 

5)         Family members of the service members described in subsections (1) through (4).

 

b)         The grants shall be in the form of three types of payments:

 

1)         payments based on need, as determined under Section 200.20;

 

2)         payments based on the member's status, as determined under Section 200.30; and

 

3)         payments based on the member's casualty status, as determined under Sections 200.40 and 200.41.

 

(Source:  Amended at 39 Ill. Reg. 8822, effective June 15, 2015)

 

Section 200.10  Definition of Terms Used

 

"Active duty" means:  Military service performed under Title 32 USC or Title 10 USC and is military service for a minimum of 60 consecutive days (effective December 9, 2009; previously 30 days).

 

"Emergency" means:  Any governmental declaration representing a natural or man-made disaster, during a period of civil unrest, or following a declaration of war or a situation of international/internal armed conflict.

 

"Family members" means:  A husband, wife or child who has been approved as a dependent and is enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) in accordance with applicable military regulations.  The service member's mother, father, brother, sister or other representative may apply for a grant on behalf of the service member if a copy of a Power of Attorney is included with the application.

 

"Fund" means:  The Illinois Military Family Relief Fund.

 

"State Active Duty" means:  Illinois National Guard members who are activated by, and under the command and control of, the Illinois Governor and subject to the Illinois Military Code [20 ILCS 1805].

 

(Source:  Amended at 39 Ill. Reg. 8822, effective June 15, 2015)

SUBPART B: ELIGIBILITY

 

Section 200.20  Determination of Eligibility for Family Need Based Grants

 

a)         The grant applicant must show proof of the following:

 

1)         He or she is, at the time of entry on mobilization, a member of the Illinois National Guard or an Illinois resident who is a member of another U.S. Armed Forces Reserve component applying on behalf of his or her family, or is a family member of the service member.  Proof of residency for military members will consist of information obtained from the supporting documents provided; Department of Defense Form 214 (DD 214) (Certificate of Release or Discharge from Active Duty), item 7b; or orders and military pay statement, along with the individual's certification on the application.  Proof of a familial relationship will consist of information obtained from Defense Enrollment Eligibility Reporting System (DEERS).

 

2)         The Illinois National Guard or Reserve component member was on active military duty for at least 60 consecutive days (effective December 9, 2009; previously 30 days) in support of an emergency as defined in Section 200.10 (effective July 3, 2014).  Proof of active duty will consist of a DD 214, Department of Defense Form 220 (Report of Active Duty), or copy of the orders issued by an authorized headquarters ordering the member to that duty and a military pay statement reflecting duty performance.  Payment for the first 6 months of active duty service will not occur before day 60 of the first 6 month period.  Payment for the second consecutive 6 month period may be on day one of the second consecutive 6 month period.

 

3)         A copy of a payroll record from the member's civilian employer that indicates member's monthly salary, a copy of a recent Inactive Duty Training (IDT) Leave and Earnings Statement (LES) within 90 days prior to mobilization reflecting four IDT periods of pay, plus a copy of a military payroll record that indicates the member's monthly military salary.  W2s and completed income tax returns may serve as supporting documentation.

 

4)         Proof that the military salary (including Basic Allowance for Housing) of the member has decreased by 30% or greater from his or her civilian salary and part time (Inactive Duty Training) military pay.  With the implementation of the Department of Defense (DOD) Reserve Income Replacement Program, applicants requesting the Family Needs Based Grant must report if they have applied for, or are receiving, payments under this program and that amount will be included in total military income.

 

5)         The Illinois National Guard or Reserve component member holds a pay grade no higher than O-3, if an officer, or W-3, if a warrant officer, or E8 (effective December 9, 2009; previously E9s were eligible) if an enlisted member.  Individuals or families will be eligible for the grant based upon rank at the time the period of service for which applying begins.  Proof of pay grades will consist of information obtained from supporting documents, DEERS or Re-Enlistment Eligibility Data Display (REDD) from the Defense Manpower Data Center (DMDC) Database.

 

6)         If a custodial parent or guardian is applying for a grant on behalf of a service member's dependent, then the custodial parent or guardian must provide proof of guardianship of a member's dependent currently enrolled in DEERS or a Power of Attorney that authorizes those transactions.

 

b)         The following members are ineligible to receive grants:

 

1)         All officers, warrant officers, and enlisted members with pay grades of O‑4, W-4 or higher and E9 (effective December 9, 2009; previously E9s were eligible);

 

2)         Personnel serving in Active Guard/Reserve (AGR) or similar full-time unit support programs unless called to Title 10 service for duty as prescribed in subsection (a)(2);

 

3)         Members who have no dependent family members enrolled in DEERS;

 

4)         Members who, at any time prior to the approval of a grant application under this Section, receive a punitive discharge, or an administrative discharge with service characterized as Under Other Than Honorable Conditions or a lower characterized discharge;

 

5)         Service members who were unemployed upon entry into current mobilization.

 

(Source:  Amended at 39 Ill. Reg. 8822, effective June 15, 2015)

 

Section 200.30  Determination of Eligibility for Status Based Grants

 

a)         The grant applicant must show proof of the following:

 

1)         He or she is, at the time of entry on mobilization, a member of the Illinois National Guard or an Illinois resident who is a member of another U.S. Armed Forces Reserve component or is a family member of the service member.  Proof of residency for military members will consist of information obtained from the supporting documents provided; DD 214, item 7b; or orders and military pay statement, along with the individual's certification on the application.  Proof of a familial relationship will consist of information obtained from DEERS.

 

2)         The Illinois National Guard or Reserve component member was on active military duty for at least 60 consecutive days (effective December 9, 2009; previously 30 days) in support of an emergency as defined in section 200.10 (effective July 3, 2014; previously as a result of the September 11, 2001 terrorist attacks); or who has been called to State active duty for 30 or more consecutive days of duty.  Proof of duty will consist of a DD 214, DD 220, or copy of the orders issued by an authorized headquarters ordering the member to such duty and a pay statement reflecting duty performance.

 

3)         The Illinois National Guard or Reserve component member holds a pay grade no higher than O-3, if an officer, W-3, if a warrant officer, or E8 (effective December 9, 2009; previously E9), if an enlisted member.  Individuals or families will be eligible for the grant based upon rank at the time the period of service for which applying begins.  Proof of pay grades will consist of information obtained from supporting documents, DEERS or REDD.

 

4)         Service members deployed for a consecutive (not cumulative) period of duty of more than six months will become eligible for additional status based grants for each consecutive six month period.  After the beginning of the seventh, thirteenth, etc, months, applicants may reapply. The subsequent application must include sufficient documentation to validate that the continuous duty was performed in support of an emergency as defined in Section 200.10.  (This subsection (a)(4) is effective January 1, 2008.  Members on active duty on January 1, 2008 will become eligible once they have completed six months on or after January 1, 2008.)  Status grants for State active duty are limited to twice in a 12 month period.

 

5)         If a custodial parent or guardian is applying for a grant on behalf of a service member's dependent, then the custodial parent or guardian must provide proof of guardianship of a member's dependent currently enrolled in DEERS or a Power of Attorney that authorizes those transactions.

 

b)         The following members are ineligible to receive grants:

 

1)         All officers and warrant officers with pay grades of O-4, W-4 or higher and E9 (effective December 9, 2009; previously E9s were eligible);

 

2)         Personnel serving in Active Guard/Reserve (AGR) or similar full-time unit support programs unless called to Title 10 service for duty as prescribed in subsection (a)(2);

 

3)         Members who, at any time prior to approval of a grant application under this Section, receive a punitive discharge or an administrative discharge with service characterized as Under Other Than Honorable Conditions or a lower characterized discharge.

 

(Source:  Amended at 39 Ill. Reg. 8822, effective June 15, 2015)

 

Section 200.40  Determination of Eligibility for Casualty Based Grants − National Guard and Reserve Service Members

 

a)         The grant applicant must show proof of the following:

 

1)         He or she is, at the time of entry on mobilization, a member of the Illinois National Guard or an Illinois resident who is a member of another U.S. Armed Forces Reserve component or is a family member of the service member.  Proof of residency for military members will consist of information obtained from the supporting documents provided; DD 214, item 7b; or orders and military pay statement, along with the individual's certification on the application.  Proof of a familial relationship will consist of information obtained from DEERS.

 

2)         The Illinois National Guard or Reserve component member was on active military duty for at least 60 consecutive days (effective December 9, 2009; previously 30 days) in support of an emergency as defined in Section 200.10 (effective July 3, 2014; previously as a result of the September 11, 2001 terrorist attacks).  Proof of active duty will consist of a DD 214, DD 220, or copy of the orders issued by an authorized headquarters ordering the member to active duty and a military pay statement reflecting duty performance.

 

3)         The Adjutant General is authorized to waive the 60-day (effective December 9, 2009; previously 30 days) requirement in subsection (a)(2) upon a written request indicating the circumstances justifying such a waiver.  The Adjutant General may use discretion in granting or denying such requests.

 

4)         The Department of Military Affairs will verify the member's casualty status with official documents provided by the service member or official message from the U.S. Department of Defense, including, but not limited to, Line of Duty Investigations, DOD Casualty Reports, Incident Reports, and intake medical reports/medical assessments.  Documentation will include proof that the service member sustained an injury as a result of terrorist activity; sustained an injury in combat, or related to combat, as a direct result of hostile action; or sustained an injury going to or returning from a combat mission, provided that the incident leading to the injury was directly related to hostile action.  This includes injuries to service members who are wounded mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force.  This rule is retroactive, but does not apply to applications for casualty based grants that were disbursed prior to December 7, 2004.  No payments shall be made without this verification.

 

5)         If a custodial parent or guardian is applying for a grant on behalf of a service member's dependent, then the custodial parent or guardian must provide proof of guardianship of a member's dependent currently enrolled in DEERS or a Power of Attorney that authorizes these transactions.

 

6)         There are no grade limitations to eligibility for the casualty based grant.

 

b)         Casualty grant applications received on the same day as status or needs applications will be processed first.

 

c)         The following members are ineligible to receive grants under this Section:

 

1)         Members who, at any time prior to the approval of a grant application under this Section, receive a punitive discharge, or an administrative discharge with service characterized as Under Other Than Honorable Conditions or a lower characterized discharge;

 

2)         Members whose casualty status is the result of a self-inflicted wound or other misconduct or willful negligence by the member, or if the casualty occurs when the member is in an AWOL, deserter, or dropped-from-rolls status;

 

3)         Personnel serving in Active Guard/Reserve (AGR) or similar full-time unit support programs unless called to Title 10 service for duty as prescribed in subsection (a)(2);

 

4)         Deceased members, as other compensations are paid by the State of Illinois.

 

(Source:  Amended at 39 Ill. Reg. 8822, effective June 15, 2015)

 

Section 200.41  Determination of Eligibility for Casualty Based Grants – Active Duty Service Members

 

a)         The grant applicant must show proof of the following:

 

1)         He or she, at least 60 days prior to the date of injury, was a resident of Illinois and a member of the active duty armed forces. Proof of residency for military members will consist of information obtained from the supporting documents provided: DD Form 214, orders, Leave and Earnings Statement (LES), and/or a copy of the service member's Illinois State income tax return from the previous calendar year and the individual's certification on the application. 

 

2)         The service member identified in subsection (a)(1) is/was on active military duty for at least 60 consecutive days in support of an emergency as defined in Section 200.10 (effective July 3, 2014; previously as a result of the September 11, 2001 terrorist attacks).  Proof of duty will consist of the individual deployment orders clearly indicating the purpose and period of duty and an LES reflecting Hazardous Duty Pay, Combat Pay, or Combat Zone Tax Exclusion.

 

3)         The Adjutant General is authorized to waive the 60 day requirement in subsection (a)(2) upon written request indicating the circumstances justifying the waiver.  The Adjutant General may use discretion in granting or denying these requests.

 

4)         The Department of Military Affairs will verify the member's casualty status with official documents provided by the service member or official message from the U.S. Department of Defense, including but not limited to Line of Duty Investigations, DOD Casualty Reports, Incident Reports and intake medical reports/medical assessments.  Documentation shall include proof that the service member sustained an injury on or after November 23, 2009 as a result of terrorist activity; sustained an injury in combat, or related to combat, as a direct result of hostile action; or sustained an injury going to or returning from a combat mission, provided that the incident leading to the injury was directly related to hostile action.  Injuries to service members who are wounded mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force are eligible.  No payments can be made without sufficient documentation.

 

5)         If a family member or other person not listed in DEERS signs the application, the applicant must provide a Power of Attorney authorizing the transactions on behalf of the service member.

 

6)         There are no pay grade limitations to eligibility for the casualty based grant.

 

b)         Casualty grant applications received on the same day as status or needs applications will be processed first.

 

c)         The following members are ineligible to receive grants under this Section:

 

1)         Members who, at any time prior to the approval of a grant application under this Section, received a punitive discharge or an administrative discharge with service characterized as Under Other Than Honorable Conditions or a lower characterized discharge;

 

2)         Members whose casualty status is the result of a self-inflicted wound or other misconduct or willful negligence by the member, or if the casualty occurs when the member is in an Absent Without Leave (AWOL), deserter or dropped-from-rolls status;

 

3)         Deceased members, as other compensations may be paid by the State of Illinois or Department of Defense.

 

(Source:  Amended at 39 Ill. Reg. 8822, effective June 15, 2015)

SUBPART C: GRANTS

 

Section 200.50  Family Need Based Grant Levels and Limits

 

a)         Payments to an Illinois National Guard or Reserve component member's family shall be a flat rate of $2,000.

 

b)         A member or a member's family may apply for and receive a $2,000 grant each six month period of continuous deployment.  Applications will not be approved unless at least six months have elapsed from the date of receipt of the previous application.  (This subsection (b) is effective January 1, 2008.  Members on active duty on January 1, 2008 will become eligible once they have completed six months on or after January 1, 2008.) Each six month grant eligibility period requires a minimum of 60 days (effective December 9, 2009; previously 30 days) duty.

 

c)         For periods of deployment of less than six months, a member or a member's family may apply for each new deployment period as long as six months have elapsed from the beginning date of each deployment.  Applications will not be approved unless at least six months have elapsed from the date of receipt of the previous application.

 

(Source:  Amended at 34 Ill. Reg. 6905, effective April 29, 2010)

 

Section 200.60  Status Based Grant Levels and Limits

 

a)         All grants will be a flat rate of $500.

 

b)         There is no limit on the number of grants payable.

 

c)         Each six month grant eligibility period requires a minimum of 60 days (effective December 9, 2009; previously 30 days) duty.

 

(Source:  Amended at 34 Ill. Reg. 6905, effective April 29, 2010)

 

Section 200.70  Casualty Based Grant Levels and Limits − National Guard and Reserve Service Members

 

a)         All grants will be a flat rate of $5,000 (effective November 23, 2009; previously $2000).

 

b)         Illinois National Guard or Reserve component members, or their family members, may receive only one casualty based grant for injuries received during, or arising out of, the same engagement or incident.

 

(Source:  Amended at 34 Ill. Reg. 6905, effective April 29, 2010)

 

Section 200.71  Casualty Based Grant Levels and Limits – Active Duty Service Members

 

a)         All grants will be a flat rate of $5,000.

 

b)         Service members qualify for only one casualty based grant for injuries received during or arising out of the same engagement or incident.

 

(Source:  Added at 34 Ill. Reg. 6905, effective April 29, 2010)

 

Section 200.80  Documentation, Application, Payment and Denial

 

a)         Application and Documentation.  The rules governing the acceptance of applications are as follows:

 

1)         To receive consideration for a grant, applicants must request and submit a signed application provided by the Illinois Department of Military Affairs.

 

2)         All necessary documentation, as stated in Section 200.20, 200.30, 200.40 or 200.41, must be included with the application, unless otherwise provided under DEERS, REDD or other systems, and the applicant shall authorize access to any systems or records as may be necessary to grant the request for purposes of verification.

 

3)         Applications and supporting documents can be submitted via facsimile, email or regular mail.

 

4)         Incomplete applications will be retained by the program manager.  The program manager will send a letter identifying the missing requirements within 30 days after receipt of application.

 

5)         The Department of Military Affairs, upon receipt of a complete application with all necessary supporting documents, will process the application within 30 days, subject to availability of funds as indicated in subsections (b)(2) and (b)(3).

 

b)         Payments.

 

1)         Payment will be made to the applicant who has met all eligibility requirements under Section 200.20, 200.30, 200.40 or 200.41.  Payments will not be made to creditors and payments will not be subject to garnishment, wage levy, forfeiture or other remedy, unless the denial of that remedy is inconsistent with the requirements of any other State or federal law.

 

2)         The timeliness of payment will be determined by the amount of funds available at the time of application. 

 

3)         If adequate funds are not available, the application will be held in a queue until funds are available.

 

4)         Applications for casualty based grants shall take precedence over all others. 

 

c)         Denials.

 

1)         Grant applications from those not meeting eligibility requirements will be denied.

 

2)         A letter explaining the denial will be sent to the applicant within 30 days after receipt of the application.

 

d)         Exceptions.

The Adjutant General is authorized to grant a waiver of any portion of this Part if extenuating circumstances exist and a delay in payment due to restrictions of this Part would cause the service member or the service member's family undue financial hardship.

 

(Source:  Amended at 34 Ill. Reg. 6905, effective April 29, 2010)

SUBPART D: REPORTING

 

Section 200.90  Reporting Requirements

 

a)         The Adjutant General shall provide the Governor, Lieutenant Governor and Comptroller a monthly report detailing the funds requested and processed. 

 

b)         The Adjutant General shall provide the Governor, Lieutenant Governor and Comptroller a monthly report detailing the amounts disbursed and donated to the Fund for the current fiscal year.

 

c)         Periodically, at the request of the Governor or Lieutenant Governor, other reports may be provided.

 

(Source:  Amended at 31 Ill. Reg. 15834, effective January 1, 2008)