Public Act 095-0928
 		





SB2489 Enrolled
LRB095 16322 WGH 42346 b






    AN ACT concerning certain individuals killed in the line of 
duty.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The State Prompt Payment Act is amended  by 
changing Section 3-1 as follows:
 



    (30 ILCS 540/3-1)  (from Ch. 127, par. 132.403-1)



    Sec. 3-1. The Illinois Court of Claims shall, in its 
investigation of
payments due claimants, provide for interest 
penalties as prescribed in this
Act; however, interest 
penalties in claims pursuant to the Line of Duty
Compensation 
Act shall be paid in accordance with subsection (3) of Section 
24 of the Court of Claims Act.

(Source: P.A. 87-773; 87-1232.)

 
    Section 10. The Court of Claims Act is amended  by changing 
Sections 22 and 24 as follows:
 



    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)



    Sec. 22. Every claim cognizable by the Court and not 
otherwise sooner
barred by law shall be forever barred from 
prosecution therein unless it
is filed with the Clerk of the 
Court within the time set forth as follows:

    (a) All claims arising out of a contract must be filed 
within 5
years after it first accrues, saving to minors, and 
persons under legal
disability at the time the claim accrues, 
in which cases the claim must be
filed within 5 years from the 
time the disability ceases.

    (b) All claims cognizable against the State by vendors of 
goods or services
under "The Illinois Public Aid Code", 
approved April 11, 1967, as amended,
must file within one year 
after the accrual of the cause of action, as provided
in 
Section 11-13 of that Code.

    (c) All claims arising under paragraph (c) of Section 8 of 
this Act must
be filed within 2 years after the person 
asserting such claim is discharged
from prison, or is granted a 
pardon by the Governor, whichever occurs later,
except as 
otherwise provided by the Crime Victims Compensation Act.

    (d) All claims arising under paragraph (f) of Section 8 of 
this Act must
be filed within the time set forth one year of 
the date of the death of the law enforcement
officer or fireman 
as provided in Section 3 of the Line of Duty "Law Enforcement

Officers and Firemen Compensation Act", approved September 30, 
1969, as amended.

    (e) All claims arising under paragraph (h) of Section 8 of 
this Act must
be filed within one year of the date of the death 
of the guardsman or
militiaman as provided in Section 3 of the 
"Illinois National Guardsman's
and Naval Militiaman's 
Compensation Act", approved August 12, 1971, as amended.

    (f) All claims arising under paragraph (g) of Section 8 of 
this Act must
be filed within one year of the crime on which a 
claim is based as
provided in Section 6.1 of the "Crime Victims 
Compensation Act", approved
August 23, 1973, as amended.

    (g) All claims arising from the Comptroller's refusal to 
issue a
replacement warrant pursuant to Section 10.10 of the 
State Comptroller Act
must be filed within 5 years after the 
issue date of such warrant.

    (h) All other claims must be filed within 2 years after it 
first accrues,
saving to minors, and persons under legal 
disability at the time the claim
accrues, in which case the 
claim must be filed within 2 years from the time
the disability 
ceases.

    (i) The changes made by this amendatory Act of 1989 shall 
apply to all
warrants issued within the 5 year period preceding 
the effective date of
this amendatory Act of 1989.

    (j) All time limitations established under this Act and the 
rules
promulgated under this Act shall be binding and 
jurisdictional, except upon
extension authorized by law or rule 
and granted pursuant to a motion timely filed.

(Source: P.A. 86-458.)

 



    (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 "Law 
    Enforcement Officers and Firemen
Compensation Act", 
    approved September 30, 1969, as amended.


        (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.


        (e) All other claims wherein the amount of the award of 
    the Court
is less than $5,000.

    (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. 
(Source: P.A. 92-357, eff. 8-15-01.)


 
    Section 15. 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 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, or Armed Forces member 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.

    (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;

$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.

    (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, 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").
    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.

(Source: P.A. 93-1047, eff. 10-18-04; 93-1073, eff. 1-18-05; 
94-843, eff. 6-8-06; 94-844, eff. 6-8-06.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.