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| Public Act 093-1073 |
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AN ACT concerning the military.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Line of Duty Compensation Act is amended by | ||||
changing Sections 2 and 3 as follows:
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(820 ILCS 315/2)
(from Ch. 48, par. 282)
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Sec. 2. As used in this Act, unless the context otherwise | ||||
requires:
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(a) "Law enforcement officer" or "officer" means any person | ||||
employed
by the State or a local governmental entity as a | ||||
policeman, peace
officer, auxiliary policeman or in some like | ||||
position involving the
enforcement of the law and protection of | ||||
the public interest at the risk of
that person's life. This | ||||
includes supervisors, wardens, superintendents and
their | ||||
assistants, guards and keepers, correctional officers, youth
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supervisors, parole agents, school teachers and correctional | ||||
counsellors
in all facilities of both the Juvenile and Adult | ||||
Divisions of the
Department of Corrections, while within the | ||||
facilities under the control
of the Department of Corrections | ||||
or in the act of transporting inmates
or wards from one | ||||
location to another or while performing their official
duties, | ||||
and all other Department of Correction employees who have daily
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contact with inmates.
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The death of the foregoing employees of the Department of | ||||
Corrections
in order to be included herein must be by the | ||||
direct or indirect willful
act of an inmate, ward, | ||||
work-releasee, parolee, parole violator, person
under | ||||
conditional release, or any person sentenced or committed, or
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otherwise subject to confinement in or to the Department of | ||||
Corrections.
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(b) "Fireman" means any person employed by the State or a | ||||
local
governmental entity as, or otherwise serving as, a member | ||||
or officer of
a fire department either for the purpose of the | ||
prevention or control of fire
or the underwater recovery of | ||
drowning victims, including volunteer firemen.
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(c) "Local governmental entity" includes counties, | ||
municipalities
and municipal corporations.
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(d) "State" means the State of Illinois and its | ||
departments,
divisions, boards, bureaus, commissions, | ||
authorities and colleges and
universities.
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(e) "Killed in the line of duty" means losing one's life as | ||
a result
of injury received in the active performance of duties | ||
as a law
enforcement officer, civil defense worker, civil air | ||
patrol member,
paramedic, fireman, or chaplain if the death | ||
occurs within
one year from the date
the injury was received | ||
and if that injury arose from violence or other
accidental | ||
cause. In the case of a State employee, "killed in the line
of | ||
duty" means losing one's life as a result of injury received in | ||
the
active performance of one's duties as a State employee, if | ||
the death occurs
within one year from the date the injury was | ||
received and if that injury
arose from a willful act of | ||
violence by another State employee committed
during such other | ||
employee's course of employment and after January 1,
1988. The | ||
term excludes death resulting from the willful
misconduct or | ||
intoxication of the officer, civil defense worker, civil
air | ||
patrol member, paramedic, fireman, chaplain, or State | ||
employee.
However,
the burden of proof of
such willful | ||
misconduct or intoxication of the officer, civil defense
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worker, civil air patrol member, paramedic,
fireman, chaplain, | ||
or State employee is on the Attorney
General. Subject to the | ||
conditions set forth in subsection (a) with
respect to | ||
inclusion under this Act of Department of Corrections employees
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described in that subsection, for the purposes of this Act, | ||
instances in
which a law enforcement officer receives an injury | ||
in the active
performance of duties as a law enforcement | ||
officer include but are not
limited to instances when:
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(1) the injury is received as a result of a wilful act | ||
of violence
committed other than by the officer and a | ||
relationship exists between the
commission of such act and | ||
the officer's
performance of his duties as a law | ||
enforcement officer, whether or not the
injury is received | ||
while the officer is on duty as a law enforcement officer;
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(2) the injury is received by the officer while the | ||
officer is
attempting to prevent the commission of a | ||
criminal act by another or
attempting to apprehend an | ||
individual the officer suspects has committed a
crime, | ||
whether or not the injury is received while the officer is | ||
on duty
as a law enforcement officer;
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(3) the injury is received by the officer while the | ||
officer is
travelling to or from his employment as a law | ||
enforcement officer or during
any meal break, or other | ||
break, which takes place during the period in
which the | ||
officer is on duty as a law enforcement officer.
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In the case of an Armed Forces member, "killed in the line | ||
of duty" means
losing one's life while on active duty in | ||
connection with the September 11, 2001 terrorist attacks on the | ||
United States, Operation Enduring Freedom, or Operation Iraqi | ||
Freedom.
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(f) "Volunteer fireman" means a person having principal | ||
employment
other than as a fireman, but who is carried on the | ||
rolls of a regularly
constituted fire department either for the | ||
purpose of the prevention or
control of fire or the underwater | ||
recovery of drowning victims, the members
of which are under | ||
the
jurisdiction of the corporate authorities of a city, | ||
village,
incorporated town, or fire protection district, and | ||
includes a volunteer
member of a fire department organized | ||
under the "General Not for Profit
Corporation Act", approved | ||
July 17, 1943, as now or hereafter amended,
which is under | ||
contract with any city, village, incorporated town, fire
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protection district, or persons residing therein, for fire | ||
fighting
services. "Volunteer fireman" does not mean an | ||
individual who
volunteers assistance without being regularly | ||
enrolled as a fireman.
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(g) "Civil defense worker" means any person employed by the | ||
State or
a local governmental entity as, or otherwise serving | ||
as, a member of a
civil defense work force, including volunteer | ||
civil defense work forces
engaged in serving the public | ||
interest during periods of disaster,
whether natural or | ||
man-made.
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(h) "Civil air patrol member" means any person employed by | ||
the State
or a local governmental entity as, or otherwise | ||
serving as, a member of
the organization commonly known as the | ||
"Civil Air Patrol", including
volunteer members of the | ||
organization commonly known as the "Civil Air Patrol".
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(i) "Paramedic" means an Emergency Medical | ||
Technician-Paramedic certified by
the Illinois Department of | ||
Public Health under the Emergency Medical
Services (EMS) | ||
Systems Act, and all other emergency medical personnel
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certified by the Illinois Department of Public Health who are | ||
members of an
organized body or not-for-profit corporation | ||
under the jurisdiction of
a city, village, incorporated town, | ||
fire protection district or county, that
provides emergency | ||
medical treatment to persons of a defined geographical area.
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(j) "State employee" means any employee as defined in | ||
Section
14-103.05 of the Illinois Pension Code, as now or | ||
hereafter amended.
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(k) "Chaplain" means an individual who:
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(1) is a chaplain of (i) a fire
department or (ii) a | ||
police department
or other agency
consisting of law | ||
enforcement officers; and
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(2) has been designated a chaplain by (i) the
fire | ||
department, police department, or other agency or an | ||
officer
or body having jurisdiction over the department or | ||
agency or (ii) a labor
organization representing the | ||
firemen or law enforcement officers.
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(l) "Armed Forces member" means an Illinois resident who | ||
is: a member of
the
Armed Forces of the United States; a member | ||
of the Illinois National Guard
while on active military service | ||
pursuant to an order of the President of the
United States; or | ||
a member of any reserve component of the Armed Forces of the
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United States while on active military service pursuant to an | ||
order of the
President of the United States.
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(Source: P.A. 93-1047, eff. 10-18-04.)
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(820 ILCS 315/3)
(from Ch. 48, par. 283)
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Sec. 3. Duty death benefit. | ||
(a) If a claim therefor is made within one
year of the date | ||
of death of a 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,
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compensation shall be paid to the person designated by the law
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enforcement officer, civil defense worker, civil air patrol | ||
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 effective date | ||
of this amendatory Act of the 93rd General Assembly, the
claim | ||
must be made within one year of October 18, 2004
the effective | ||
date of this amendatory Act
of the 93rd General Assembly.
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(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 | ||
occurred after December 31, 1973 and before July 1, 1983;
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$50,000 if such death occurred on or after July 1, 1983 and | ||
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
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the effective date of this amendatory Act of the 92nd
General | ||
Assembly; and $259,038 if the death occurred
occurs on or after | ||
July 1, 2002
the effective
date of this amendatory Act of the | ||
92nd General Assembly 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).
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(c) Except as provided in subsection (b), for
For deaths | ||
occurring on or after January 1, 2003, the death
compensation | ||
rate for death in the line of duty occurring in a particular
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calendar year shall be the death compensation rate for death | ||
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
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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 surviving 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, | ||
the compensation shall be paid as follows:
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(1)
(a) when there is a surviving spouse, the entire | ||
sum shall be paid to
the spouse;
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(2)
(b) 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;
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(3)
(c) 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
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(4)
(d) 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, to the
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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.
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(e) When there is no beneficiary designated or surviving 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 | ||
no surviving spouse, descendant, parent, dependent brother or | ||
sister, or
dependent descendant of a brother or sister, no | ||
compensation shall be payable
under this Act.
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(f) No part of such compensation may be paid to any other | ||
person for any
efforts in securing such compensation.
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(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.
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(Source: P.A. 92-3, eff. 5-18-01; 92-609, eff. 7-1-02; 93-1047, | ||
eff. 10-18-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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