Illinois 2023-2024 Regular Session

Illinois House Bill HB3362 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3362 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED: 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/4 from Ch. 48, par. 284 Amends the Line of Duty Compensation Act. Includes animal control officers and animal wardens within the scope of the Act. Defines terms. LRB103 25936 SPS 52287 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3362 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED: 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/4 from Ch. 48, par. 284 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/4 from Ch. 48, par. 284 Amends the Line of Duty Compensation Act. Includes animal control officers and animal wardens within the scope of the Act. Defines terms. LRB103 25936 SPS 52287 b LRB103 25936 SPS 52287 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3362 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/4 from Ch. 48, par. 284 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/4 from Ch. 48, par. 284
4	4	820 ILCS 315/2 from Ch. 48, par. 282
5	5	820 ILCS 315/3 from Ch. 48, par. 283
6	6	820 ILCS 315/4 from Ch. 48, par. 284
7	7	Amends the Line of Duty Compensation Act. Includes animal control officers and animal wardens within the scope of the Act. Defines terms.
8	8	LRB103 25936 SPS 52287 b LRB103 25936 SPS 52287 b
9	9	LRB103 25936 SPS 52287 b
10	10	A BILL FOR
11	11	HB3362LRB103 25936 SPS 52287 b HB3362 LRB103 25936 SPS 52287 b
12	12	HB3362 LRB103 25936 SPS 52287 b
13	13	1 AN ACT concerning employment.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Line of Duty Compensation Act is amended by
17	17	5 changing Sections 2, 3, and 4 as follows:
18	18	6 (820 ILCS 315/2) (from Ch. 48, par. 282)
19	19	7 Sec. 2. As used in this Act, unless the context otherwise
20	20	8 requires:
21	21	9 (a) "Law enforcement officer" or "officer" means any
22	22	10 person employed by the State or a local governmental entity as
23	23	11 a policeman, peace officer, auxiliary policeman or in some
24	24	12 like position involving the enforcement of the law and
25	25	13 protection of the public interest at the risk of that person's
26	26	14 life. This includes supervisors, wardens, superintendents and
27	27	15 their assistants, guards and keepers, correctional officers,
28	28	16 youth supervisors, parole agents, aftercare specialists,
29	29	17 school teachers and correctional counsellors in all facilities
30	30	18 of both the Department of Corrections and the Department of
31	31	19 Juvenile Justice, while within the facilities under the
32	32	20 control of the Department of Corrections or the Department of
33	33	21 Juvenile Justice or in the act of transporting inmates or
34	34	22 wards from one location to another or while performing their
35	35	23 official duties, and all other Department of Correction or
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3362 Introduced , by Rep. Wayne A Rosenthal SYNOPSIS AS INTRODUCED:
40	40	820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/4 from Ch. 48, par. 284 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/4 from Ch. 48, par. 284
41	41	820 ILCS 315/2 from Ch. 48, par. 282
42	42	820 ILCS 315/3 from Ch. 48, par. 283
43	43	820 ILCS 315/4 from Ch. 48, par. 284
44	44	Amends the Line of Duty Compensation Act. Includes animal control officers and animal wardens within the scope of the Act. Defines terms.
45	45	LRB103 25936 SPS 52287 b LRB103 25936 SPS 52287 b
46	46	LRB103 25936 SPS 52287 b
47	47	A BILL FOR
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53	53	820 ILCS 315/2 from Ch. 48, par. 282
54	54	820 ILCS 315/3 from Ch. 48, par. 283
55	55	820 ILCS 315/4 from Ch. 48, par. 284
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74	74	1 Department of Juvenile Justice employees who have daily
75	75	2 contact with inmates. For the purposes of this Act, "law
76	76	3 enforcement officer" or "officer" also means a probation
77	77	4 officer, as defined in Section 9b of the Probation and
78	78	5 Probation Officers Act.
79	79	6 The death of the foregoing employees of the Department of
80	80	7 Corrections or the Department of Juvenile Justice in order to
81	81	8 be included herein must be by the direct or indirect willful
82	82	9 act of an inmate, ward, work-releasee, parolee, aftercare
83	83	10 releasee, parole violator, aftercare release violator, person
84	84	11 under conditional release, or any person sentenced or
85	85	12 committed, or otherwise subject to confinement in or to the
86	86	13 Department of Corrections or the Department of Juvenile
87	87	14 Justice.
88	88	15 (b) "Fireman" means any person employed by the State or a
89	89	16 local governmental entity as, or otherwise serving as, a
90	90	17 member or officer of a fire department either for the purpose
91	91	18 of the prevention or control of fire or the underwater
92	92	19 recovery of drowning victims, including volunteer firemen.
93	93	20 (c) "Local governmental entity" includes counties,
94	94	21 municipalities and municipal corporations.
95	95	22 (d) "State" means the State of Illinois and its
96	96	23 departments, divisions, boards, bureaus, commissions,
97	97	24 authorities and colleges and universities.
98	98	25 (e) "Killed in the line of duty" means losing one's life as
99	99	26 a result of injury received in the active performance of
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110	110	1 duties as a law enforcement officer, civil defense worker,
111	111	2 civil air patrol member, paramedic, fireman, or chaplain,
112	112	3 animal control officer, or animal warden if the death occurs
113	113	4 within one year from the date the injury was received and if
114	114	5 that injury arose from violence or other accidental cause. In
115	115	6 the case of a State employee, "killed in the line of duty"
116	116	7 means losing one's life as a result of injury received in the
117	117	8 active performance of one's duties as a State employee, if the
118	118	9 death occurs within one year from the date the injury was
119	119	10 received and if that injury arose from a willful act of
120	120	11 violence by another State employee committed during such other
121	121	12 employee's course of employment and after January 1, 1988. The
122	122	13 term excludes death resulting from the willful misconduct or
123	123	14 intoxication of the officer, civil defense worker, civil air
124	124	15 patrol member, paramedic, fireman, chaplain, animal control
125	125	16 officer, animal warden, or State employee. However, the burden
126	126	17 of proof of such willful misconduct or intoxication of the
127	127	18 officer, civil defense worker, civil air patrol member,
128	128	19 paramedic, fireman, chaplain, animal control officer, animal
129	129	20 warden, or State employee is on the Attorney General. Subject
130	130	21 to the conditions set forth in subsection (a) with respect to
131	131	22 inclusion under this Act of Department of Corrections and
132	132	23 Department of Juvenile Justice employees described in that
133	133	24 subsection, for the purposes of this Act, instances in which a
134	134	25 law enforcement officer receives an injury in the active
135	135	26 performance of duties as a law enforcement officer include but
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146	146	1 are not limited to instances when:
147	147	2 (1) the injury is received as a result of a wilful act
148	148	3 of violence committed other than by the officer and a
149	149	4 relationship exists between the commission of such act and
150	150	5 the officer's performance of his duties as a law
151	151	6 enforcement officer, whether or not the injury is received
152	152	7 while the officer is on duty as a law enforcement officer;
153	153	8 (2) the injury is received by the officer while the
154	154	9 officer is attempting to prevent the commission of a
155	155	10 criminal act by another or attempting to apprehend an
156	156	11 individual the officer suspects has committed a crime,
157	157	12 whether or not the injury is received while the officer is
158	158	13 on duty as a law enforcement officer;
159	159	14 (3) the injury is received by the officer while the
160	160	15 officer is travelling to or from his employment as a law
161	161	16 enforcement officer or during any meal break, or other
162	162	17 break, which takes place during the period in which the
163	163	18 officer is on duty as a law enforcement officer.
164	164	19 In the case of an Armed Forces member, "killed in the line
165	165	20 of duty" means losing one's life while on active duty in
166	166	21 connection with the September 11, 2001 terrorist attacks on
167	167	22 the United States, Operation Enduring Freedom, Operation
168	168	23 Freedom's Sentinel, Operation Iraqi Freedom, Operation New
169	169	24 Dawn, or Operation Inherent Resolve.
170	170	25 (f) "Volunteer fireman" means a person having principal
171	171	26 employment other than as a fireman, but who is carried on the
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182	182	1 rolls of a regularly constituted fire department either for
183	183	2 the purpose of the prevention or control of fire or the
184	184	3 underwater recovery of drowning victims, the members of which
185	185	4 are under the jurisdiction of the corporate authorities of a
186	186	5 city, village, incorporated town, or fire protection district,
187	187	6 and includes a volunteer member of a fire department organized
188	188	7 under the "General Not for Profit Corporation Act", approved
189	189	8 July 17, 1943, as now or hereafter amended, which is under
190	190	9 contract with any city, village, incorporated town, fire
191	191	10 protection district, or persons residing therein, for fire
192	192	11 fighting services. "Volunteer fireman" does not mean an
193	193	12 individual who volunteers assistance without being regularly
194	194	13 enrolled as a fireman.
195	195	14 (g) "Civil defense worker" means any person employed by
196	196	15 the State or a local governmental entity as, or otherwise
197	197	16 serving as, a member of a civil defense work force, including
198	198	17 volunteer civil defense work forces engaged in serving the
199	199	18 public interest during periods of disaster, whether natural or
200	200	19 man-made.
201	201	20 (h) "Civil air patrol member" means any person employed by
202	202	21 the State or a local governmental entity as, or otherwise
203	203	22 serving as, a member of the organization commonly known as the
204	204	23 "Civil Air Patrol", including volunteer members of the
205	205	24 organization commonly known as the "Civil Air Patrol".
206	206	25 (i) "Paramedic" means an Emergency Medical
207	207	26 Technician-Paramedic certified by the Illinois Department of
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218	218	1 Public Health under the Emergency Medical Services (EMS)
219	219	2 Systems Act, and all other emergency medical personnel
220	220	3 certified by the Illinois Department of Public Health who are
221	221	4 members of an organized body or not-for-profit corporation
222	222	5 under the jurisdiction of a city, village, incorporated town,
223	223	6 fire protection district or county, that provides emergency
224	224	7 medical treatment to persons of a defined geographical area.
225	225	8 (j) "State employee" means any employee as defined in
226	226	9 Section 14-103.05 of the Illinois Pension Code, as now or
227	227	10 hereafter amended.
228	228	11 (k) "Chaplain" means an individual who:
229	229	12 (1) is a chaplain of (i) a fire department or (ii) a
230	230	13 police department or other agency consisting of law
231	231	14 enforcement officers; and
232	232	15 (2) has been designated a chaplain by (i) the fire
233	233	16 department, police department, or other agency or an
234	234	17 officer or body having jurisdiction over the department or
235	235	18 agency or (ii) a labor organization representing the
236	236	19 firemen or law enforcement officers.
237	237	20 (l) "Armed Forces member" means an Illinois resident who
238	238	21 is: a member of the Armed Forces of the United States; a member
239	239	22 of the Illinois National Guard while on active military
240	240	23 service pursuant to an order of the President of the United
241	241	24 States; or a member of any reserve component of the Armed
242	242	25 Forces of the United States while on active military service
243	243	26 pursuant to an order of the President of the United States.
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254	254	1 (m) "Animal control officer" or "animal warden" means an
255	255	2 employee of a State or local governmental entity appointed or
256	256	3 employed to enforce State and local animal regulation statutes
257	257	4 and protect public health and safety.
258	258	5 (Source: P.A. 102-221, eff. 1-1-22.)
259	259	6 (820 ILCS 315/3) (from Ch. 48, par. 283)
260	260	7 Sec. 3. Duty death benefit.
261	261	8 (a) If a claim therefor is made within one year of the date
262	262	9 of death of a law enforcement officer, civil defense worker,
263	263	10 civil air patrol member, paramedic, fireman, chaplain, animal
264	264	11 control officer, animal warden, or State employee killed in
265	265	12 the line of duty, or if a claim therefor is made within 2 years
266	266	13 of the date of death of an Armed Forces member killed in the
267	267	14 line of duty, compensation shall be paid to the person
268	268	15 designated by the law enforcement officer, civil defense
269	269	16 worker, civil air patrol member, paramedic, fireman, chaplain,
270	270	17 animal control officer, animal warden, State employee, or
271	271	18 Armed Forces member. However, if the Armed Forces member was
272	272	19 killed in the line of duty before October 18, 2004, the claim
273	273	20 must be made within one year of October 18, 2004. In addition,
274	274	21 if a death occurred after December 31, 2016 and before January
275	275	22 1, 2021, the claim may be made no later than December 31, 2022
276	276	23 notwithstanding any other deadline established under this Act
277	277	24 with respect to filing a claim for a duty death benefit.
278	278	25 (b) The amount of compensation, except for an Armed Forces
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289	289	1 member, shall be $10,000 if the death in the line of duty
290	290	2 occurred prior to January 1, 1974; $20,000 if such death
291	291	3 occurred after December 31, 1973 and before July 1, 1983;
292	292	4 $50,000 if such death occurred on or after July 1, 1983 and
293	293	5 before January 1, 1996; $100,000 if the death occurred on or
294	294	6 after January 1, 1996 and before May 18, 2001; $118,000 if the
295	295	7 death occurred on or after May 18, 2001 and before July 1,
296	296	8 2002; and $259,038 if the death occurred on or after July 1,
297	297	9 2002 and before January 1, 2003. For an Armed Forces member
298	298	10 killed in the line of duty (i) at any time before January 1,
299	299	11 2005, the compensation is $259,038 plus amounts equal to the
300	300	12 increases for 2003 and 2004 determined under subsection (c)
301	301	13 and (ii) on or after January 1, 2005, the compensation is the
302	302	14 amount determined under item (i) plus the applicable increases
303	303	15 for 2005 and thereafter determined under subsection (c).
304	304	16 (c) Except as provided in subsection (b), for deaths
305	305	17 occurring on or after January 1, 2003, the death compensation
306	306	18 rate for death in the line of duty occurring in a particular
307	307	19 calendar year shall be the death compensation rate for death
308	308	20 occurring in the previous calendar year (or in the case of
309	309	21 deaths occurring in 2003, the rate in effect on December 31,
310	310	22 2002) increased by a percentage thereof equal to the
311	311	23 percentage increase, if any, in the index known as the
312	312	24 Consumer Price Index for All Urban Consumers: U.S. city
313	313	25 average, unadjusted, for all items, as published by the United
314	314	26 States Department of Labor, Bureau of Labor Statistics, for
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325	325	1 the 12 months ending with the month of June of that previous
326	326	2 calendar year.
327	327	3 (d) If no beneficiary is designated or if no designated
328	328	4 beneficiary survives at the death of the law enforcement
329	329	5 officer, civil defense worker, civil air patrol member,
330	330	6 paramedic, fireman, chaplain, animal control officer, animal
331	331	7 warden, or State employee killed in the line of duty, the
332	332	8 compensation shall be paid in accordance with a legally
333	333	9 binding will left by the law enforcement officer, civil
334	334	10 defense worker, civil air patrol member, paramedic, fireman,
335	335	11 chaplain, animal control officer, animal warden, or State
336	336	12 employee. If the law enforcement officer, civil defense
337	337	13 worker, civil air patrol member, paramedic, fireman, chaplain,
338	338	14 animal control officer, animal warden, or State employee did
339	339	15 not leave a legally binding will, the compensation shall be
340	340	16 paid as follows:
341	341	17 (1) when there is a surviving spouse, the entire sum
342	342	18 shall be paid to the spouse;
343	343	19 (2) when there is no surviving spouse, but a surviving
344	344	20 descendant of the decedent, the entire sum shall be paid
345	345	21 to the decedent's descendants per stirpes;
346	346	22 (3) when there is neither a surviving spouse nor a
347	347	23 surviving descendant, the entire sum shall be paid to the
348	348	24 parents of the decedent in equal parts, allowing to the
349	349	25 surviving parent, if one is dead, the entire sum; and
350	350	26 (4) when there is no surviving spouse, descendant or
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361	361	1 parent of the decedent, but there are surviving brothers
362	362	2 or sisters, or descendants of a brother or sister, who
363	363	3 were receiving their principal support from the decedent
364	364	4 at his death, the entire sum shall be paid, in equal parts,
365	365	5 to the dependent brothers or sisters or dependent
366	366	6 descendant of a brother or sister. Dependency shall be
367	367	7 determined by the Court of Claims based upon the
368	368	8 investigation and report of the Attorney General.
369	369	9 The changes made to this subsection (d) by this amendatory Act
370	370	10 of the 94th General Assembly apply to any pending case as long
371	371	11 as compensation has not been paid to any party before the
372	372	12 effective date of this amendatory Act of the 94th General
373	373	13 Assembly.
374	374	14 (d-1) For purposes of subsection (d), in the case of a
375	375	15 person killed in the line of duty who was born out of wedlock
376	376	16 and was not an adoptive child at the time of the person's
377	377	17 death, a person shall be deemed to be a parent of the person
378	378	18 killed in the line of duty only if that person would be an
379	379	19 eligible parent, as defined in Section 2-2 of the Probate Act
380	380	20 of 1975, of the person killed in the line of duty. This
381	381	21 subsection (d-1) applies to any pending claim if compensation
382	382	22 was not paid to the claimant of the pending claim before the
383	383	23 effective date of this amendatory Act of the 94th General
384	384	24 Assembly.
385	385	25 (d-2) If no beneficiary is designated or if no designated
386	386	26 beneficiary survives at the death of the Armed Forces member
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397	397	1 killed in the line of duty, the compensation shall be paid in
398	398	2 entirety according to the designation made on the most recent
399	399	3 version of the Armed Forces member's Servicemembers' Group
400	400	4 Life Insurance Election and Certificate ("SGLI").
401	401	5 If no SGLI form exists at the time of the Armed Forces
402	402	6 member's death, the compensation shall be paid in accordance
403	403	7 with a legally binding will left by the Armed Forces member.
404	404	8 If no SGLI form exists for the Armed Forces member and the
405	405	9 Armed Forces member did not leave a legally binding will, the
406	406	10 compensation shall be paid to the persons and in the priority
407	407	11 as set forth in paragraphs (1) through (4) of subsection (d) of
408	408	12 this Section.
409	409	13 This subsection (d-2) applies to any pending case as long
410	410	14 as compensation has not been paid to any party before the
411	411	15 effective date of this amendatory Act of the 94th General
412	412	16 Assembly.
413	413	17 (e) If there is no beneficiary designated or if no
414	414	18 designated beneficiary survives at the death of the law
415	415	19 enforcement officer, civil defense worker, civil air patrol
416	416	20 member, paramedic, fireman, chaplain, animal control officer,
417	417	21 animal warden, State employee, or Armed Forces member killed
418	418	22 in the line of duty and there is no other person or entity to
419	419	23 whom compensation is payable under this Section, no
420	420	24 compensation shall be payable under this Act.
421	421	25 (f) No part of such compensation may be paid to any other
422	422	26 person for any efforts in securing such compensation.
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433	433	1 (g) This amendatory Act of the 93rd General Assembly
434	434	2 applies to claims made on or after October 18, 2004 with
435	435	3 respect to an Armed Forces member killed in the line of duty.
436	436	4 (h) In any case for which benefits have not been paid
437	437	5 within 6 months of the claim being filed in accordance with
438	438	6 this Section, which is pending as of the effective date of this
439	439	7 amendatory Act of the 96th General Assembly, and in which
440	440	8 there are 2 or more beneficiaries, at least one of whom would
441	441	9 receive at least a portion of the total benefit regardless of
442	442	10 the manner in which the Court of Claims resolves the claim, the
443	443	11 Court shall direct the Comptroller to pay the minimum amount
444	444	12 of money which the determinate beneficiary would receive
445	445	13 together with all interest payment penalties which have
446	446	14 accrued on that portion of the award being paid within 30 days
447	447	15 of the effective date of this amendatory Act of the 96th
448	448	16 General Assembly. For purposes of this subsection (h),
449	449	17 "determinate beneficiary" means the beneficiary who would
450	450	18 receive any portion of the total benefit claimed regardless of
451	451	19 the manner in which the Court of Claims adjudicates the claim.
452	452	20 (i) The Court of Claims shall ensure that all individuals
453	453	21 who have filed an application to claim the duty death benefit
454	454	22 for a deceased member of the Armed Forces pursuant to this
455	455	23 Section or for a fireman pursuant to this Section, or their
456	456	24 designated representative, shall have access, on a timely
457	457	25 basis and in an efficient manner, to all information related
458	458	26 to the court's consideration, processing, or adjudication of
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469	469	1 the claim, including, but not limited to, the following:
470	470	2 (1) a reliable estimate of when the Court of Claims
471	471	3 will adjudicate the claim, or if the Court cannot estimate
472	472	4 when it will adjudicate the claim, a full written
473	473	5 explanation of the reasons for this inability; and
474	474	6 (2) a reliable estimate, based upon consultation with
475	475	7 the Comptroller, of when the benefit will be paid to the
476	476	8 claimant.
477	477	9 (j) The Court of Claims shall send written notice to all
478	478	10 claimants within 2 weeks of the initiation of a claim
479	479	11 indicating whether or not the application is complete. For
480	480	12 purposes of this subsection (j), an application is complete if
481	481	13 a claimant has submitted to the Court of Claims all documents
482	482	14 and information the Court requires for adjudicating and paying
483	483	15 the benefit amount. For purposes of this subsection (j), a
484	484	16 claim for the duty death benefit is initiated when a claimant
485	485	17 submits any of the application materials required for
486	486	18 adjudicating the claim to the Court of Claims. In the event a
487	487	19 claimant's application is incomplete, the Court shall include
488	488	20 in its written notice a list of the information or documents
489	489	21 which the claimant must submit in order for the application to
490	490	22 be complete. In no case may the Court of Claims deny a claim
491	491	23 and subsequently re-adjudicate the same claim for the purpose
492	492	24 of evading or reducing the interest penalty payment amount
493	493	25 payable to any claimant.
494	494	26 (Source: P.A. 102-215, eff. 7-30-21.)
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505	505	1 (820 ILCS 315/4) (from Ch. 48, par. 284)
506	506	2 Sec. 4. Notwithstanding Section 3, no compensation is
507	507	3 payable under this Act unless a claim therefor is filed,
508	508	4 within the time specified by that Section with the Court of
509	509	5 Claims on an application prescribed and furnished by the
510	510	6 Attorney General and setting forth:
511	511	7 (a) the name, address and title or designation of the
512	512	8 position in which the officer, civil defense worker, civil
513	513	9 air patrol member, paramedic, fireman, chaplain, animal
514	514	10 control officer, animal warden, State employee, or Armed
515	515	11 Forces member was serving at the time of his death;
516	516	12 (b) the names and addresses of person or persons
517	517	13 designated by the officer, civil defense worker, civil air
518	518	14 patrol member, paramedic, fireman, chaplain, animal
519	519	15 control officer, animal warden, State employee, or Armed
520	520	16 Forces member to receive the compensation and, if more
521	521	17 than one, the percentage or share to be paid to each such
522	522	18 person, or if there has been no such designation, the name
523	523	19 and address of the personal representative of the estate
524	524	20 of the officer, civil defense worker, civil air patrol
525	525	21 member, paramedic, fireman, chaplain, animal control
526	526	22 officer, animal warden, State employee, or Armed Forces
527	527	23 member;
528	528	24 (c) a full, factual account of the circumstances
529	529	25 resulting in or the course of events causing the death of
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540	540	1 the officer, civil defense worker, civil air patrol
541	541	2 member, paramedic, fireman, chaplain, animal control
542	542	3 officer, animal warden, State employee, or Armed Forces
543	543	4 member; and
544	544	5 (d) such other information as the Court of Claims
545	545	6 reasonably requires.
546	546	7 When a claim is filed, the Attorney General shall make an
547	547	8 investigation for substantiation of matters set forth in such
548	548	9 an application.
549	549	10 For the 2 years immediately following the effective date
550	550	11 of this amendatory act of the 96th General Assembly, the Court
551	551	12 of Claims shall direct the Comptroller to pay a
552	552	13 "Modified-Eligibility Line of Duty Benefit" to eligible late
553	553	14 claimants who file a claim for the benefit. A claim for a
554	554	15 Modified-Eligibility Line of Duty Benefit must include all the
555	555	16 application materials and documents required for all other
556	556	17 claims payable under this Act, except as otherwise provided in
557	557	18 this Section 4. For purposes of this Section 4 only, an
558	558	19 "eligible late claimant" is a person who would have been
559	559	20 eligible, at any time after September 11, 2001, to apply for
560	560	21 and receive payment of a claim pursuant to this Act in
561	561	22 connection with the death of an Armed Forces member killed in
562	562	23 the line of duty or a fireman killed in the line of duty, but
563	563	24 did not receive the award payment because:
564	564	25 (1) the claim was rejected only because the claim was
565	565	26 not filed within the time limitation set forth in
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576	576	1 subsection (a) of Section 3 of this Act; or
577	577	2 (2) having met all other preconditions for applying
578	578	3 for and receiving the award payment, the claimant did not
579	579	4 file a claim because the claim would not have been filed
580	580	5 within the time limitation set forth in subsection (a) of
581	581	6 Section 3 of this Act. For purposes of this Section 4 only,
582	582	7 the "Modified-Eligibility Line of Duty Benefit" is an
583	583	8 amount of money payable to eligible late claimants equal
584	584	9 to the amount set forth in Section 3 of this Act payable to
585	585	10 claimants seeking payment of awards under Section 3 of
586	586	11 this Act for claims made thereunder in the year in which
587	587	12 the claim for the Modified-Eligibility Line of Duty
588	588	13 Benefit is made. Within 6 months of receiving a complete
589	589	14 claim for the Modified-Eligibility Line of Duty Benefit,
590	590	15 the Court of Claims must direct the Comptroller to pay the
591	591	16 benefit amount to the eligible late claimant.
592	592	17 (Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)
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