20 ILCS 1825/ Illinois National Guardsman's Compensation Act.

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20 ILCS 1825/1

(20 ILCS 1825/1) (from Ch. 129, par. 401)

Sec. 1.

This Act shall be known as and may be cited as the "Illinois National
Guardsman's Compensation Act".

(Source: P.A. 85-1241.)

20 ILCS 1825/2

(20 ILCS 1825/2) (from Ch. 129, par. 402)

Sec. 2.

As used in this Act, unless the context otherwise requires:

(a) "Illinois National Guardsman" or "guardsman" means any person who
is a member of the Illinois National
Guard under "The Military Code of Illinois", approved July 8, 1957, as amended.

(b) "Killed in the line of duty" means losing one's life as a result of
injury received while on duty as an Illinois national guardsman, if the
death occurs within one year from the date the injury
was received and if that injury arose from violence or any other accidental
cause except that the benefits this Act shall not be provided in the event
a guardsman is killed while on active military service
pursuant to an order of the President of the United States. The terms
excludes death resulting from the willful misconduct or intoxication of the
guardsman; however, the burden of proof of such willful
misconduct or intoxication of the guardsman is on the
Attorney General.

(Source: P.A. 85-1241.)

20 ILCS 1825/3

(20 ILCS 1825/3)

(from Ch. 129, par. 403)

Sec. 3.

If a claim therefor is made within one year of the date of the death
of the guardsman, compensation shall be paid to
the
person designated by such guardsman killed while on duty.  The amount of
compensation shall be equal to the greater of (i) $100,000 or (ii) the amount
of compensation payable under Section
3 of the Line of Duty

Compensation Act when an
individual to whom that Act applies is killed in the line of duty.  If no
beneficiary is
designated or surviving at the death of the guardsman killed while on duty, the
compensation shall be paid as follows:

(a) When there is a surviving spouse, the entire sum

shall be paid to the spouse.

(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.

(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.

(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 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.

When there is no beneficiary designated or surviving at the death of the
guardsman killed while on 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.

No part of such compensation may be paid to any other person for any
efforts in securing such compensation.

If compensation is payable under the Line of Duty

Compensation Act because of the death
of a guardsman, the provisions of that Act shall apply to the payment of that compensation.

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

20 ILCS 1825/4

(20 ILCS 1825/4) (from Ch. 129, par. 404)

Sec. 4.

Notwithstanding Section 3, no compensation is payable under this Act
unless a claim therefor is filed, within the time specified by that
Section with the Court of Claims on an application prescribed and
furnished by the Attorney General and setting forth:

(a) the name, address and rank or grade in which the guardsman was serving
at the time of this death;

(b) the names and addresses of person or persons designated by the
guardsman to receive the compensation and, if more than one,
the percentage or share to be paid to each such person, or if there has
been no such designation, the name and address of the personal
representative of the estate of the guardsman;

(c) a full, factual account of the circumstances resulting in or the
course of events causing the death of the guardsman; and

(d) such other information as the Court of Claims reasonably requires.

When a claim is filed, the Attorney General shall make an investigation
for substantiation of matters set forth in such an application.

(Source: P.A. 85-1241.)

20 ILCS 1825/5

(20 ILCS 1825/5) (from Ch. 129, par. 405)

Sec. 5.

The compensation provided for in this Act is in addition to, and not
exclusive of, any pension rights, death benefits or other compensation
otherwise payable by law.

(Source: P.A. 77-735.)