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92_HB4318
LRB9215734WHcs
1 AN ACT in relation to public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Law Enforcement Officers, Civil Defense
5 Workers, Civil Air Patrol Members, Paramedics, Firemen,
6 Chaplains, and State Employees Compensation Act is amended by
7 changing Section 3 as follows:
8 (820 ILCS 315/3) (from Ch. 48, par. 283)
9 Sec. 3. Duty death benefit. If a claim therefor is made
10 within one year of the date of death of a the law enforcement
11 officer, civil defense worker, civil air patrol member,
12 paramedic, fireman, chaplain, or State employee killed in the
13 line of duty, compensation in the amount of $10,000 shall be
14 paid to the person designated by the a law enforcement
15 officer, civil defense worker, civil air patrol member,
16 paramedic, fireman, chaplain, or State employee.
17 The amount of compensation shall be $10,000 if the death
18 killed in the line of duty occurred prior to January 1,
19 1974;, and $20,000 if such death occurred after December 31,
20 1973 and before July 1, 1983;, $50,000 if such death occurred
21 on or after July 1, 1983 and before January 1, 1996;,
22 $100,000 if the death occurred on or after January 1, 1996
23 and before May 18, 2001; the effective date of this
24 amendatory Act of the 92nd General Assembly, and $118,000 if
25 the death occurred on or after May 18, 2001 the effective
26 date of this amendatory Act of the 92nd General Assembly and
27 before the effective date of this amendatory Act of the 92nd
28 General Assembly; and $259,038 if the death occurs on or
29 after the effective date of this amendatory Act of the 92nd
30 General Assembly and before January 1, 2003.
31 For deaths occurring on or after Beginning January 1,
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1 2003, the death compensation rate for death in the line of
2 duty occurring in a particular calendar year shall be the
3 death compensation rate for death occurring in the previous
4 calendar year (or in the case of deaths occurring in 2003,
5 the rate in effect on December 31, 2002) increased by a
6 percentage thereof equal to the percentage increase, if any,
7 in the index known as the Consumer Price Index for All Urban
8 Consumers: U.S. city average, unadjusted, for all items,
9 "Employment Cost Index, Wages and Salaries, by Occupation and
10 Industry Group: State and Local Government Workers: Public
11 Administration", as published by the United States Department
12 of Labor, Bureau of Labor Statistics, for the 12 months
13 ending with the month of June of that previous calendar year.
14 If no beneficiary is designated or surviving at the death
15 of the law enforcement officer, civil defense worker, civil
16 air patrol member, paramedic, fireman, chaplain, or State
17 employee killed in the line of duty, the compensation shall
18 be paid as follows:
19 (a) when there is a surviving spouse, the entire
20 sum shall be paid to the spouse;
21 (b) when there is no surviving spouse, but a
22 surviving descendant of the decedent, the entire sum
23 shall be paid to the decedent's descendants per stirpes;
24 (c) when there is neither a surviving spouse nor a
25 surviving descendant, the entire sum shall be paid to the
26 parents of the decedent in equal parts, allowing to the
27 surviving parent, if one is dead, the entire sum; and
28 (d) when there is no surviving spouse, descendant
29 or parent of the decedent, but there are surviving
30 brothers or sisters, or descendants of a brother or
31 sister, who were receiving their principal support from
32 the decedent at his death, the entire sum shall be paid,
33 in equal parts, to the dependent brothers or sisters or
34 dependent descendant of a brother or sister. Dependency
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1 shall be determined by the Court of Claims based upon the
2 investigation and report of the Attorney General.
3 When there is no beneficiary designated or surviving at
4 the death of the law enforcement officer, civil defense
5 worker, civil air patrol member, paramedic, fireman,
6 chaplain, or State employee killed in the line of duty and no
7 surviving spouse, descendant, parent, dependent brother or
8 sister, or dependent descendant of a brother or sister, no
9 compensation shall be payable under this Act.
10 No part of such compensation may be paid to any other
11 person for any efforts in securing such compensation.
12 (Source: P.A. 92-3, eff. 5-18-01.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.