Illinois 2023-2024 Regular Session

Illinois House Bill HB5083 Compare Versions

OldNewDifferences
1-HB5083 EngrossedLRB103 37713 SPS 67840 b HB5083 Engrossed LRB103 37713 SPS 67840 b
2- HB5083 Engrossed LRB103 37713 SPS 67840 b
1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5083 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: 5 ILCS 345/1 from Ch. 70, par. 915 ILCS 345/2820 ILCS 315/2 from Ch. 48, par. 282820 ILCS 315/3 from Ch. 48, par. 283820 ILCS 315/3.5820 ILCS 315/4 from Ch. 48, par. 284820 ILCS 320/3 Amends the Public Employee Disability Act, the Line of Duty Compensation Act, and the Public Safety Employee Benefits Act. Includes mental health professionals within the scope of the Acts. Defines "mental health professional" as any person employed and dispatched by a unit of local government to respond to crisis calls received on public emergency service lines instead of or in conjunction with law enforcement. LRB103 37713 SPS 67840 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5083 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: 5 ILCS 345/1 from Ch. 70, par. 915 ILCS 345/2820 ILCS 315/2 from Ch. 48, par. 282820 ILCS 315/3 from Ch. 48, par. 283820 ILCS 315/3.5820 ILCS 315/4 from Ch. 48, par. 284820 ILCS 320/3 5 ILCS 345/1 from Ch. 70, par. 91 5 ILCS 345/2 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/3.5 820 ILCS 315/4 from Ch. 48, par. 284 820 ILCS 320/3 Amends the Public Employee Disability Act, the Line of Duty Compensation Act, and the Public Safety Employee Benefits Act. Includes mental health professionals within the scope of the Acts. Defines "mental health professional" as any person employed and dispatched by a unit of local government to respond to crisis calls received on public emergency service lines instead of or in conjunction with law enforcement. LRB103 37713 SPS 67840 b LRB103 37713 SPS 67840 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5083 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
3+5 ILCS 345/1 from Ch. 70, par. 915 ILCS 345/2820 ILCS 315/2 from Ch. 48, par. 282820 ILCS 315/3 from Ch. 48, par. 283820 ILCS 315/3.5820 ILCS 315/4 from Ch. 48, par. 284820 ILCS 320/3 5 ILCS 345/1 from Ch. 70, par. 91 5 ILCS 345/2 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/3.5 820 ILCS 315/4 from Ch. 48, par. 284 820 ILCS 320/3
4+5 ILCS 345/1 from Ch. 70, par. 91
5+5 ILCS 345/2
6+820 ILCS 315/2 from Ch. 48, par. 282
7+820 ILCS 315/3 from Ch. 48, par. 283
8+820 ILCS 315/3.5
9+820 ILCS 315/4 from Ch. 48, par. 284
10+820 ILCS 320/3
11+Amends the Public Employee Disability Act, the Line of Duty Compensation Act, and the Public Safety Employee Benefits Act. Includes mental health professionals within the scope of the Acts. Defines "mental health professional" as any person employed and dispatched by a unit of local government to respond to crisis calls received on public emergency service lines instead of or in conjunction with law enforcement.
12+LRB103 37713 SPS 67840 b LRB103 37713 SPS 67840 b
13+ LRB103 37713 SPS 67840 b
14+A BILL FOR
15+HB5083LRB103 37713 SPS 67840 b HB5083 LRB103 37713 SPS 67840 b
16+ HB5083 LRB103 37713 SPS 67840 b
317 1 AN ACT concerning employment.
418 2 Be it enacted by the People of the State of Illinois,
519 3 represented in the General Assembly:
620 4 Section 5. The Public Employee Disability Act is amended
721 5 by changing Sections 1 and 2 as follows:
822 6 (5 ILCS 345/1) (from Ch. 70, par. 91)
923 7 Sec. 1. Disability benefit.
1024 8 (a) For the purposes of this Section, "eligible employee"
1125 9 means any part-time or full-time State correctional officer or
1226 10 any other full or part-time employee of the Department of
1327 11 Corrections, any full or part-time employee of the Prisoner
1428 12 Review Board, any full or part-time employee of the Department
1529 13 of Human Services working within a penal institution or a
1630 14 State mental health or developmental disabilities facility
1731 15 operated by the Department of Human Services, and any
1832 16 full-time law enforcement officer or full-time firefighter,
1933 17 including a full-time paramedic or a firefighter who performs
2034 18 paramedic duties, who is employed by the State of Illinois,
2135 19 any unit of local government (including any home rule unit),
2236 20 any State supported college or university, or any other public
2337 21 entity granted the power to employ persons for such purposes
2438 22 by law, and any full-time mental health professional employed
2539 23 and dispatched by any unit of local government, including any
2640
2741
2842
29- HB5083 Engrossed LRB103 37713 SPS 67840 b
43+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5083 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
44+5 ILCS 345/1 from Ch. 70, par. 915 ILCS 345/2820 ILCS 315/2 from Ch. 48, par. 282820 ILCS 315/3 from Ch. 48, par. 283820 ILCS 315/3.5820 ILCS 315/4 from Ch. 48, par. 284820 ILCS 320/3 5 ILCS 345/1 from Ch. 70, par. 91 5 ILCS 345/2 820 ILCS 315/2 from Ch. 48, par. 282 820 ILCS 315/3 from Ch. 48, par. 283 820 ILCS 315/3.5 820 ILCS 315/4 from Ch. 48, par. 284 820 ILCS 320/3
45+5 ILCS 345/1 from Ch. 70, par. 91
46+5 ILCS 345/2
47+820 ILCS 315/2 from Ch. 48, par. 282
48+820 ILCS 315/3 from Ch. 48, par. 283
49+820 ILCS 315/3.5
50+820 ILCS 315/4 from Ch. 48, par. 284
51+820 ILCS 320/3
52+Amends the Public Employee Disability Act, the Line of Duty Compensation Act, and the Public Safety Employee Benefits Act. Includes mental health professionals within the scope of the Acts. Defines "mental health professional" as any person employed and dispatched by a unit of local government to respond to crisis calls received on public emergency service lines instead of or in conjunction with law enforcement.
53+LRB103 37713 SPS 67840 b LRB103 37713 SPS 67840 b
54+ LRB103 37713 SPS 67840 b
55+A BILL FOR
3056
3157
32-HB5083 Engrossed- 2 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 2 - LRB103 37713 SPS 67840 b
33- HB5083 Engrossed - 2 - LRB103 37713 SPS 67840 b
58+
59+
60+
61+5 ILCS 345/1 from Ch. 70, par. 91
62+5 ILCS 345/2
63+820 ILCS 315/2 from Ch. 48, par. 282
64+820 ILCS 315/3 from Ch. 48, par. 283
65+820 ILCS 315/3.5
66+820 ILCS 315/4 from Ch. 48, par. 284
67+820 ILCS 320/3
68+
69+
70+
71+ LRB103 37713 SPS 67840 b
72+
73+
74+
75+
76+
77+
78+
79+
80+
81+ HB5083 LRB103 37713 SPS 67840 b
82+
83+
84+HB5083- 2 -LRB103 37713 SPS 67840 b HB5083 - 2 - LRB103 37713 SPS 67840 b
85+ HB5083 - 2 - LRB103 37713 SPS 67840 b
3486 1 home rule unit, to respond to crisis calls received on public
3587 2 emergency service lines instead of or in conjunction with law
3688 3 enforcement.
3789 4 (b) Whenever an eligible employee suffers any injury in
3890 5 the line of duty which causes him to be unable to perform his
3991 6 duties, he shall continue to be paid by the employing public
4092 7 entity on the same basis as he was paid before the injury, with
4193 8 no deduction from his sick leave credits, compensatory time
4294 9 for overtime accumulations or vacation, or service credits in
4395 10 a public employee pension fund during the time he is unable to
4496 11 perform his duties due to the result of the injury, but not
4597 12 longer than one year in relation to the same injury, except as
4698 13 otherwise provided under subsection (b-5). However, no injury
4799 14 to an employee of the Department of Corrections or the
48100 15 Prisoner Review Board working within a penal institution or an
49101 16 employee of the Department of Human Services working within a
50102 17 departmental mental health or developmental disabilities
51103 18 facility shall qualify the employee for benefits under this
52104 19 Section unless the injury is the direct or indirect result of
53105 20 violence by inmates of the penal institution or residents of
54106 21 the mental health or developmental disabilities facility.
55107 22 (b-5) Upon the occurrence of circumstances, directly or
56108 23 indirectly attributable to COVID-19, occurring on or after
57109 24 March 9, 2020 and on or before June 30, 2021 (including the
58110 25 period between December 31, 2020 and the effective date of
59111 26 this amendatory Act of the 101st General Assembly) which would
60112
61113
62114
63115
64116
65- HB5083 Engrossed - 2 - LRB103 37713 SPS 67840 b
117+ HB5083 - 2 - LRB103 37713 SPS 67840 b
66118
67119
68-HB5083 Engrossed- 3 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 3 - LRB103 37713 SPS 67840 b
69- HB5083 Engrossed - 3 - LRB103 37713 SPS 67840 b
120+HB5083- 3 -LRB103 37713 SPS 67840 b HB5083 - 3 - LRB103 37713 SPS 67840 b
121+ HB5083 - 3 - LRB103 37713 SPS 67840 b
70122 1 hinder the physical recovery from an injury of an eligible
71123 2 employee within the one-year period as required under
72124 3 subsection (b), the eligible employee shall be entitled to an
73125 4 extension of no longer than 60 days by which he or she shall
74126 5 continue to be paid by the employing public entity on the same
75127 6 basis as he or she was paid before the injury. The employing
76128 7 public entity may require proof of the circumstances hindering
77129 8 an eligible employee's physical recovery before granting the
78130 9 extension provided under this subsection (b-5).
79131 10 (c) At any time during the period for which continuing
80132 11 compensation is required by this Act, the employing public
81133 12 entity may order at the expense of that entity physical or
82134 13 medical examinations of the injured person to determine the
83135 14 degree of disability.
84136 15 (d) During this period of disability, the injured person
85137 16 shall not be employed in any other manner, with or without
86138 17 monetary compensation. Any person who is employed in violation
87139 18 of this paragraph forfeits the continuing compensation
88140 19 provided by this Act from the time such employment begins. Any
89141 20 salary compensation due the injured person from workers'
90142 21 compensation or any salary due him from any type of insurance
91143 22 which may be carried by the employing public entity shall
92144 23 revert to that entity during the time for which continuing
93145 24 compensation is paid to him under this Act. Any person with a
94146 25 disability receiving compensation under the provisions of this
95147 26 Act shall not be entitled to any benefits for which he would
96148
97149
98150
99151
100152
101- HB5083 Engrossed - 3 - LRB103 37713 SPS 67840 b
153+ HB5083 - 3 - LRB103 37713 SPS 67840 b
102154
103155
104-HB5083 Engrossed- 4 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 4 - LRB103 37713 SPS 67840 b
105- HB5083 Engrossed - 4 - LRB103 37713 SPS 67840 b
156+HB5083- 4 -LRB103 37713 SPS 67840 b HB5083 - 4 - LRB103 37713 SPS 67840 b
157+ HB5083 - 4 - LRB103 37713 SPS 67840 b
106158 1 qualify because of his disability under the provisions of the
107159 2 Illinois Pension Code.
108160 3 (e) Any employee of the State of Illinois, as defined in
109161 4 Section 14-103.05 of the Illinois Pension Code, who becomes
110162 5 permanently unable to perform the duties of such employment
111163 6 due to an injury received in the active performance of his
112164 7 duties as a State employee as a result of a willful act of
113165 8 violence by another employee of the State of Illinois, as so
114166 9 defined, committed during such other employee's course of
115167 10 employment and after January 1, 1988, shall be eligible for
116168 11 benefits pursuant to the provisions of this Section. For
117169 12 purposes of this Section, permanent disability is defined as a
118170 13 diagnosis or prognosis of an inability to return to current
119171 14 job duties by a physician licensed to practice medicine in all
120172 15 of its branches.
121173 16 (f) The compensation and other benefits provided to
122174 17 part-time employees covered by this Section shall be
123175 18 calculated based on the percentage of time the part-time
124176 19 employee was scheduled to work pursuant to his or her status as
125177 20 a part-time employee.
126178 21 (g) Pursuant to paragraphs (h) and (i) of Section 6 of
127179 22 Article VII of the Illinois Constitution, this Act
128180 23 specifically denies and limits the exercise by home rule units
129181 24 of any power which is inconsistent herewith, and all existing
130182 25 laws and ordinances which are inconsistent herewith are hereby
131183 26 superseded. This Act does not preempt the concurrent exercise
132184
133185
134186
135187
136188
137- HB5083 Engrossed - 4 - LRB103 37713 SPS 67840 b
189+ HB5083 - 4 - LRB103 37713 SPS 67840 b
138190
139191
140-HB5083 Engrossed- 5 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 5 - LRB103 37713 SPS 67840 b
141- HB5083 Engrossed - 5 - LRB103 37713 SPS 67840 b
192+HB5083- 5 -LRB103 37713 SPS 67840 b HB5083 - 5 - LRB103 37713 SPS 67840 b
193+ HB5083 - 5 - LRB103 37713 SPS 67840 b
142194 1 by home rule units of powers consistent herewith.
143195 2 This Act does not apply to any home rule unit with a
144196 3 population of over 1,000,000.
145197 4 (h) In those cases where the injury to a State employee for
146198 5 which a benefit is payable under this Act was caused under
147199 6 circumstances creating a legal liability for damages on the
148200 7 part of some person other than the State employer, all of the
149201 8 rights and privileges, including the right to notice of suit
150202 9 brought against such other person and the right to commence or
151203 10 join in such suit, as given the employer, together with the
152204 11 conditions or obligations imposed under paragraph (b) of
153205 12 Section 5 of the Workers' Compensation Act, are also given and
154206 13 granted to the State, to the end that, with respect to State
155207 14 employees only, the State may be paid or reimbursed for the
156208 15 amount of benefit paid or to be paid by the State to the
157209 16 injured employee or his or her personal representative out of
158210 17 any judgment, settlement, or payment for such injury obtained
159211 18 by such injured employee or his or her personal representative
160212 19 from such other person by virtue of the injury.
161213 20 (Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20;
162214 21 101-653, eff. 2-28-21.)
163215 22 (5 ILCS 345/2)
164216 23 Sec. 2. Illness disability benefit.
165217 24 (a) As used in this Section:
166218 25 "Eligible employee" means any full-time law enforcement
167219
168220
169221
170222
171223
172- HB5083 Engrossed - 5 - LRB103 37713 SPS 67840 b
224+ HB5083 - 5 - LRB103 37713 SPS 67840 b
173225
174226
175-HB5083 Engrossed- 6 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 6 - LRB103 37713 SPS 67840 b
176- HB5083 Engrossed - 6 - LRB103 37713 SPS 67840 b
227+HB5083- 6 -LRB103 37713 SPS 67840 b HB5083 - 6 - LRB103 37713 SPS 67840 b
228+ HB5083 - 6 - LRB103 37713 SPS 67840 b
177229 1 officer, any or full-time firefighter, including a full-time
178230 2 paramedic or a firefighter who performs paramedic duties, who
179231 3 is employed by any unit of local government, including any
180232 4 home rule unit, and any full-time mental health professional
181233 5 employed and dispatched by any unit of local government,
182234 6 including any home rule unit, to respond to crisis calls
183235 7 received on public emergency service lines instead of or in
184236 8 conjunction with law enforcement.
185237 9 "Illness" means any illness, disease, or condition the
186238 10 presence of which in a community results in the declaration of
187239 11 a disaster or emergency by a State, county, or municipal
188240 12 official.
189241 13 (b) Whenever an eligible employee suffers an illness in
190242 14 the line of duty which causes the employee to be unable to
191243 15 perform the employee's duties, the employee shall continue to
192244 16 be paid by the employing public entity on the same basis as the
193245 17 employee was paid before the illness, with no deduction from
194246 18 the employee's sick leave credits, compensatory time for
195247 19 overtime accumulations or vacation, or service credits in a
196248 20 public pension fund during the time the employee is unable to
197249 21 perform the employee's duties due to the result of the
198250 22 illness, but not longer than one year in relation to the same
199251 23 illness.
200252 24 (c) At any time during the period for which continuing
201253 25 compensation is required by this Act, the employing public
202254 26 entity may order at the expense of that entity physical or
203255
204256
205257
206258
207259
208- HB5083 Engrossed - 6 - LRB103 37713 SPS 67840 b
260+ HB5083 - 6 - LRB103 37713 SPS 67840 b
209261
210262
211-HB5083 Engrossed- 7 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 7 - LRB103 37713 SPS 67840 b
212- HB5083 Engrossed - 7 - LRB103 37713 SPS 67840 b
263+HB5083- 7 -LRB103 37713 SPS 67840 b HB5083 - 7 - LRB103 37713 SPS 67840 b
264+ HB5083 - 7 - LRB103 37713 SPS 67840 b
213265 1 medical examinations of the ill person to determine the degree
214266 2 of disability.
215267 3 (d) During this period of disability, the ill person shall
216268 4 not be employed in any other manner, with or without a monetary
217269 5 compensation. Any person who is employed in violation of this
218270 6 subsection forfeits the continuing compensation provided by
219271 7 this Act from the time such employment begins. Any salary
220272 8 compensation due to the ill person from workers' compensation
221273 9 or any salary due to the employee from any type of insurance
222274 10 which may be carried by the employing public entity shall
223275 11 revert to that entity during the time for which continuing
224276 12 compensation is paid to the employee under this Act. Any
225277 13 person with a disability receiving compensation under the
226278 14 provisions of this Act shall not be entitled to any benefits
227279 15 for which the employee would qualify because of the employee's
228280 16 disability under the provisions of the Illinois Pension Code.
229281 17 (e) Pursuant to paragraphs (h) and (i) of Section 6 of
230282 18 Article VII of the Illinois Constitution, this Act
231283 19 specifically denies and limits the exercise by home rule units
232284 20 of any power which is inconsistent herewith, and all existing
233285 21 laws and ordinances which are inconsistent herewith are hereby
234286 22 superseded. This Act does not preempt the concurrent exercise
235287 23 by home rule units of powers consistent herewith.
236288 24 This Act does not apply to any home rule unit with a
237289 25 population of over 1,000,000.
238290 26 (Source: P.A. 103-63, eff. 1-1-24.)
239291
240292
241293
242294
243295
244- HB5083 Engrossed - 7 - LRB103 37713 SPS 67840 b
296+ HB5083 - 7 - LRB103 37713 SPS 67840 b
245297
246298
247-HB5083 Engrossed- 8 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 8 - LRB103 37713 SPS 67840 b
248- HB5083 Engrossed - 8 - LRB103 37713 SPS 67840 b
299+HB5083- 8 -LRB103 37713 SPS 67840 b HB5083 - 8 - LRB103 37713 SPS 67840 b
300+ HB5083 - 8 - LRB103 37713 SPS 67840 b
249301 1 Section 10. The Line of Duty Compensation Act is amended
250302 2 by changing Sections 2, 3, 3.5, and 4 as follows:
251303 3 (820 ILCS 315/2) (from Ch. 48, par. 282)
252304 4 Sec. 2. As used in this Act, unless the context otherwise
253305 5 requires:
254306 6 (a) "Law enforcement officer" or "officer" means any
255307 7 person employed by the State or a local governmental entity as
256308 8 a policeman, peace officer, auxiliary policeman or in some
257309 9 like position involving the enforcement of the law and
258310 10 protection of the public interest at the risk of that person's
259311 11 life. This includes supervisors, wardens, superintendents and
260312 12 their assistants, guards and keepers, correctional officers,
261313 13 youth supervisors, parole agents, aftercare specialists,
262314 14 school teachers and correctional counsellors in all facilities
263315 15 of both the Department of Corrections and the Department of
264316 16 Juvenile Justice, while within the facilities under the
265317 17 control of the Department of Corrections or the Department of
266318 18 Juvenile Justice or in the act of transporting inmates or
267319 19 wards from one location to another or while performing their
268320 20 official duties, and all other Department of Correction or
269321 21 Department of Juvenile Justice employees who have daily
270322 22 contact with inmates. For the purposes of this Act, "law
271323 23 enforcement officer" or "officer" also means a probation
272324 24 officer, as defined in Section 9b of the Probation and
273325
274326
275327
276328
277329
278- HB5083 Engrossed - 8 - LRB103 37713 SPS 67840 b
330+ HB5083 - 8 - LRB103 37713 SPS 67840 b
279331
280332
281-HB5083 Engrossed- 9 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 9 - LRB103 37713 SPS 67840 b
282- HB5083 Engrossed - 9 - LRB103 37713 SPS 67840 b
333+HB5083- 9 -LRB103 37713 SPS 67840 b HB5083 - 9 - LRB103 37713 SPS 67840 b
334+ HB5083 - 9 - LRB103 37713 SPS 67840 b
283335 1 Probation Officers Act.
284336 2 The death of the foregoing employees of the Department of
285337 3 Corrections or the Department of Juvenile Justice in order to
286338 4 be included herein must be by the direct or indirect willful
287339 5 act of an inmate, ward, work-releasee, parolee, aftercare
288340 6 releasee, parole violator, aftercare release violator, person
289341 7 under conditional release, or any person sentenced or
290342 8 committed, or otherwise subject to confinement in or to the
291343 9 Department of Corrections or the Department of Juvenile
292344 10 Justice.
293345 11 (b) "Fireman" means any person employed by the State or a
294346 12 local governmental entity as, or otherwise serving as, a
295347 13 member or officer of a fire department either for the purpose
296348 14 of the prevention or control of fire or the underwater
297349 15 recovery of drowning victims, including volunteer firemen.
298350 16 (c) "Local governmental entity" includes counties,
299351 17 municipalities and municipal corporations.
300352 18 (d) "State" means the State of Illinois and its
301353 19 departments, divisions, boards, bureaus, commissions,
302354 20 authorities and colleges and universities.
303355 21 (e) "Killed in the line of duty" means losing one's life as
304356 22 a result of injury received in the active performance of
305357 23 duties as a law enforcement officer, civil defense worker,
306358 24 civil air patrol member, paramedic, fireman, mental health
307359 25 professional, or chaplain if the death occurs within one year
308360 26 from the date the injury was received and if that injury arose
309361
310362
311363
312364
313365
314- HB5083 Engrossed - 9 - LRB103 37713 SPS 67840 b
366+ HB5083 - 9 - LRB103 37713 SPS 67840 b
315367
316368
317-HB5083 Engrossed- 10 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 10 - LRB103 37713 SPS 67840 b
318- HB5083 Engrossed - 10 - LRB103 37713 SPS 67840 b
369+HB5083- 10 -LRB103 37713 SPS 67840 b HB5083 - 10 - LRB103 37713 SPS 67840 b
370+ HB5083 - 10 - LRB103 37713 SPS 67840 b
319371 1 from violence or other accidental cause. In the case of a State
320372 2 employee, "killed in the line of duty" means losing one's life
321373 3 as a result of injury received in the active performance of
322374 4 one's duties as a State employee, if the death occurs within
323375 5 one year from the date the injury was received and if that
324376 6 injury arose from a willful act of violence by another State
325377 7 employee committed during such other employee's course of
326378 8 employment and after January 1, 1988. The term excludes death
327379 9 resulting from the willful misconduct or intoxication of the
328380 10 officer, civil defense worker, civil air patrol member,
329381 11 paramedic, fireman, mental health professional, chaplain, or
330382 12 State employee. However, the burden of proof of such willful
331383 13 misconduct or intoxication of the officer, civil defense
332384 14 worker, civil air patrol member, paramedic, fireman, mental
333385 15 health professional, chaplain, or State employee is on the
334386 16 Attorney General. Subject to the conditions set forth in
335387 17 subsection (a) with respect to inclusion under this Act of
336388 18 Department of Corrections and Department of Juvenile Justice
337389 19 employees described in that subsection, for the purposes of
338390 20 this Act, instances in which a law enforcement officer
339391 21 receives an injury in the active performance of duties as a law
340392 22 enforcement officer include but are not limited to instances
341393 23 when:
342394 24 (1) the injury is received as a result of a wilful act
343395 25 of violence committed other than by the officer and a
344396 26 relationship exists between the commission of such act and
345397
346398
347399
348400
349401
350- HB5083 Engrossed - 10 - LRB103 37713 SPS 67840 b
402+ HB5083 - 10 - LRB103 37713 SPS 67840 b
351403
352404
353-HB5083 Engrossed- 11 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 11 - LRB103 37713 SPS 67840 b
354- HB5083 Engrossed - 11 - LRB103 37713 SPS 67840 b
405+HB5083- 11 -LRB103 37713 SPS 67840 b HB5083 - 11 - LRB103 37713 SPS 67840 b
406+ HB5083 - 11 - LRB103 37713 SPS 67840 b
355407 1 the officer's performance of his duties as a law
356408 2 enforcement officer, whether or not the injury is received
357409 3 while the officer is on duty as a law enforcement officer;
358410 4 (2) the injury is received by the officer while the
359411 5 officer is attempting to prevent the commission of a
360412 6 criminal act by another or attempting to apprehend an
361413 7 individual the officer suspects has committed a crime,
362414 8 whether or not the injury is received while the officer is
363415 9 on duty as a law enforcement officer;
364416 10 (3) the injury is received by the officer while the
365417 11 officer is travelling to or from his employment as a law
366418 12 enforcement officer or during any meal break, or other
367419 13 break, which takes place during the period in which the
368420 14 officer is on duty as a law enforcement officer.
369421 15 In the case of an Armed Forces member, "killed in the line
370422 16 of duty" means losing one's life while on active duty in
371423 17 connection with the September 11, 2001 terrorist attacks on
372424 18 the United States, Operation Enduring Freedom, Operation
373425 19 Freedom's Sentinel, Operation Iraqi Freedom, Operation New
374426 20 Dawn, or Operation Inherent Resolve.
375427 21 (f) "Volunteer fireman" means a person having principal
376428 22 employment other than as a fireman, but who is carried on the
377429 23 rolls of a regularly constituted fire department either for
378430 24 the purpose of the prevention or control of fire or the
379431 25 underwater recovery of drowning victims, the members of which
380432 26 are under the jurisdiction of the corporate authorities of a
381433
382434
383435
384436
385437
386- HB5083 Engrossed - 11 - LRB103 37713 SPS 67840 b
438+ HB5083 - 11 - LRB103 37713 SPS 67840 b
387439
388440
389-HB5083 Engrossed- 12 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 12 - LRB103 37713 SPS 67840 b
390- HB5083 Engrossed - 12 - LRB103 37713 SPS 67840 b
441+HB5083- 12 -LRB103 37713 SPS 67840 b HB5083 - 12 - LRB103 37713 SPS 67840 b
442+ HB5083 - 12 - LRB103 37713 SPS 67840 b
391443 1 city, village, incorporated town, or fire protection district,
392444 2 and includes a volunteer member of a fire department organized
393445 3 under the "General Not for Profit Corporation Act", approved
394446 4 July 17, 1943, as now or hereafter amended, which is under
395447 5 contract with any city, village, incorporated town, fire
396448 6 protection district, or persons residing therein, for fire
397449 7 fighting services. "Volunteer fireman" does not mean an
398450 8 individual who volunteers assistance without being regularly
399451 9 enrolled as a fireman.
400452 10 (g) "Civil defense worker" means any person employed by
401453 11 the State or a local governmental entity as, or otherwise
402454 12 serving as, a member of a civil defense work force, including
403455 13 volunteer civil defense work forces engaged in serving the
404456 14 public interest during periods of disaster, whether natural or
405457 15 man-made.
406458 16 (h) "Civil air patrol member" means any person employed by
407459 17 the State or a local governmental entity as, or otherwise
408460 18 serving as, a member of the organization commonly known as the
409461 19 "Civil Air Patrol", including volunteer members of the
410462 20 organization commonly known as the "Civil Air Patrol".
411463 21 (i) "Paramedic" means an Emergency Medical
412464 22 Technician-Paramedic certified by the Illinois Department of
413465 23 Public Health under the Emergency Medical Services (EMS)
414466 24 Systems Act, and all other emergency medical personnel
415467 25 certified by the Illinois Department of Public Health who are
416468 26 members of an organized body or not-for-profit corporation
417469
418470
419471
420472
421473
422- HB5083 Engrossed - 12 - LRB103 37713 SPS 67840 b
474+ HB5083 - 12 - LRB103 37713 SPS 67840 b
423475
424476
425-HB5083 Engrossed- 13 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 13 - LRB103 37713 SPS 67840 b
426- HB5083 Engrossed - 13 - LRB103 37713 SPS 67840 b
477+HB5083- 13 -LRB103 37713 SPS 67840 b HB5083 - 13 - LRB103 37713 SPS 67840 b
478+ HB5083 - 13 - LRB103 37713 SPS 67840 b
427479 1 under the jurisdiction of a city, village, incorporated town,
428480 2 fire protection district or county, that provides emergency
429481 3 medical treatment to persons of a defined geographical area.
430482 4 (j) "State employee" means any employee as defined in
431483 5 Section 14-103.05 of the Illinois Pension Code, as now or
432484 6 hereafter amended.
433485 7 (k) "Chaplain" means an individual who:
434486 8 (1) is a chaplain of (i) a fire department or (ii) a
435487 9 police department or other agency consisting of law
436488 10 enforcement officers; and
437489 11 (2) has been designated a chaplain by (i) the fire
438490 12 department, police department, or other agency or an
439491 13 officer or body having jurisdiction over the department or
440492 14 agency or (ii) a labor organization representing the
441493 15 firemen or law enforcement officers.
442494 16 (l) "Armed Forces member" means an Illinois resident who
443495 17 is: a member of the Armed Forces of the United States; a member
444496 18 of the Illinois National Guard while on active military
445497 19 service pursuant to an order of the President of the United
446498 20 States; or a member of any reserve component of the Armed
447499 21 Forces of the United States while on active military service
448500 22 pursuant to an order of the President of the United States.
449501 23 (m) "Mental health professional" means any person employed
450502 24 and dispatched by a unit of local government to respond to
451503 25 crisis calls received on public emergency service lines
452504 26 instead of or in conjunction with law enforcement.
453505
454506
455507
456508
457509
458- HB5083 Engrossed - 13 - LRB103 37713 SPS 67840 b
510+ HB5083 - 13 - LRB103 37713 SPS 67840 b
459511
460512
461-HB5083 Engrossed- 14 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 14 - LRB103 37713 SPS 67840 b
462- HB5083 Engrossed - 14 - LRB103 37713 SPS 67840 b
513+HB5083- 14 -LRB103 37713 SPS 67840 b HB5083 - 14 - LRB103 37713 SPS 67840 b
514+ HB5083 - 14 - LRB103 37713 SPS 67840 b
463515 1 (Source: P.A. 102-221, eff. 1-1-22.)
464516 2 (820 ILCS 315/3) (from Ch. 48, par. 283)
465517 3 Sec. 3. Duty death benefit.
466518 4 (a) If a claim therefor is made within 2 years of the date
467519 5 of death of a law enforcement officer, civil defense worker,
468520 6 civil air patrol member, paramedic, fireman, chaplain, mental
469521 7 health professional, or State employee killed in the line of
470522 8 duty, or if a claim therefor is made within 2 years of the date
471523 9 of death of an Armed Forces member killed in the line of duty,
472524 10 compensation shall be paid to the person designated by the law
473525 11 enforcement officer, civil defense worker, civil air patrol
474526 12 member, paramedic, fireman, chaplain, mental health
475527 13 professional, State employee, or Armed Forces member. However,
476528 14 if the Armed Forces member was killed in the line of duty
477529 15 before October 18, 2004, the claim must be made within one year
478530 16 of October 18, 2004. In addition, if a death occurred after
479531 17 December 31, 2016 and before January 1, 2021, the claim may be
480532 18 made no later than December 31, 2022 notwithstanding any other
481533 19 deadline established under this Act with respect to filing a
482534 20 claim for a duty death benefit.
483535 21 (b) The amount of compensation, except for an Armed Forces
484536 22 member, shall be $10,000 if the death in the line of duty
485537 23 occurred prior to January 1, 1974; $20,000 if such death
486538 24 occurred after December 31, 1973 and before July 1, 1983;
487539 25 $50,000 if such death occurred on or after July 1, 1983 and
488540
489541
490542
491543
492544
493- HB5083 Engrossed - 14 - LRB103 37713 SPS 67840 b
545+ HB5083 - 14 - LRB103 37713 SPS 67840 b
494546
495547
496-HB5083 Engrossed- 15 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 15 - LRB103 37713 SPS 67840 b
497- HB5083 Engrossed - 15 - LRB103 37713 SPS 67840 b
548+HB5083- 15 -LRB103 37713 SPS 67840 b HB5083 - 15 - LRB103 37713 SPS 67840 b
549+ HB5083 - 15 - LRB103 37713 SPS 67840 b
498550 1 before January 1, 1996; $100,000 if the death occurred on or
499551 2 after January 1, 1996 and before May 18, 2001; $118,000 if the
500552 3 death occurred on or after May 18, 2001 and before July 1,
501553 4 2002; and $259,038 if the death occurred on or after July 1,
502554 5 2002 and before January 1, 2003. For an Armed Forces member
503555 6 killed in the line of duty (i) at any time before January 1,
504556 7 2005, the compensation is $259,038 plus amounts equal to the
505557 8 increases for 2003 and 2004 determined under subsection (c)
506558 9 and (ii) on or after January 1, 2005, the compensation is the
507559 10 amount determined under item (i) plus the applicable increases
508560 11 for 2005 and thereafter determined under subsection (c).
509561 12 (c) Except as provided in subsection (b), for deaths
510562 13 occurring on or after January 1, 2003, the death compensation
511563 14 rate for death in the line of duty occurring in a particular
512564 15 calendar year shall be the death compensation rate for death
513565 16 occurring in the previous calendar year (or in the case of
514566 17 deaths occurring in 2003, the rate in effect on December 31,
515567 18 2002) increased by a percentage thereof equal to the
516568 19 percentage increase, if any, in the index known as the
517569 20 Consumer Price Index for All Urban Consumers: U.S. city
518570 21 average, unadjusted, for all items, as published by the United
519571 22 States Department of Labor, Bureau of Labor Statistics, for
520572 23 the 12 months ending with the month of June of that previous
521573 24 calendar year.
522574 25 (d) If no beneficiary is designated or if no designated
523575 26 beneficiary survives at the death of the law enforcement
524576
525577
526578
527579
528580
529- HB5083 Engrossed - 15 - LRB103 37713 SPS 67840 b
581+ HB5083 - 15 - LRB103 37713 SPS 67840 b
530582
531583
532-HB5083 Engrossed- 16 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 16 - LRB103 37713 SPS 67840 b
533- HB5083 Engrossed - 16 - LRB103 37713 SPS 67840 b
584+HB5083- 16 -LRB103 37713 SPS 67840 b HB5083 - 16 - LRB103 37713 SPS 67840 b
585+ HB5083 - 16 - LRB103 37713 SPS 67840 b
534586 1 officer, civil defense worker, civil air patrol member,
535587 2 paramedic, fireman, mental health professional, chaplain, or
536588 3 State employee killed in the line of duty, the compensation
537589 4 shall be paid in accordance with a legally binding will left by
538590 5 the law enforcement officer, civil defense worker, civil air
539591 6 patrol member, paramedic, fireman, mental health professional,
540592 7 chaplain, or State employee. If the law enforcement officer,
541593 8 civil defense worker, civil air patrol member, paramedic,
542594 9 fireman, mental health professional, chaplain, or State
543595 10 employee did not leave a legally binding will, the
544596 11 compensation shall be paid as follows:
545597 12 (1) when there is a surviving spouse, the entire sum
546598 13 shall be paid to the spouse;
547599 14 (2) when there is no surviving spouse, but a surviving
548600 15 descendant of the decedent, the entire sum shall be paid
549601 16 to the decedent's descendants per stirpes;
550602 17 (3) when there is neither a surviving spouse nor a
551603 18 surviving descendant, the entire sum shall be paid to the
552604 19 parents of the decedent in equal parts, allowing to the
553605 20 surviving parent, if one is dead, the entire sum; and
554606 21 (4) when there is no surviving spouse, descendant or
555607 22 parent of the decedent, but there are surviving brothers
556608 23 or sisters, or descendants of a brother or sister, who
557609 24 were receiving their principal support from the decedent
558610 25 at his death, the entire sum shall be paid, in equal parts,
559611 26 to the dependent brothers or sisters or dependent
560612
561613
562614
563615
564616
565- HB5083 Engrossed - 16 - LRB103 37713 SPS 67840 b
617+ HB5083 - 16 - LRB103 37713 SPS 67840 b
566618
567619
568-HB5083 Engrossed- 17 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 17 - LRB103 37713 SPS 67840 b
569- HB5083 Engrossed - 17 - LRB103 37713 SPS 67840 b
620+HB5083- 17 -LRB103 37713 SPS 67840 b HB5083 - 17 - LRB103 37713 SPS 67840 b
621+ HB5083 - 17 - LRB103 37713 SPS 67840 b
570622 1 descendant of a brother or sister. Dependency shall be
571623 2 determined by the Court of Claims based upon the
572624 3 investigation and report of the Attorney General.
573625 4 The changes made to this subsection (d) by this amendatory Act
574626 5 of the 94th General Assembly apply to any pending case as long
575627 6 as compensation has not been paid to any party before the
576628 7 effective date of this amendatory Act of the 94th General
577629 8 Assembly.
578630 9 (d-1) For purposes of subsection (d), in the case of a
579631 10 person killed in the line of duty who was born out of wedlock
580632 11 and was not an adoptive child at the time of the person's
581633 12 death, a person shall be deemed to be a parent of the person
582634 13 killed in the line of duty only if that person would be an
583635 14 eligible parent, as defined in Section 2-2 of the Probate Act
584636 15 of 1975, of the person killed in the line of duty. This
585637 16 subsection (d-1) applies to any pending claim if compensation
586638 17 was not paid to the claimant of the pending claim before the
587639 18 effective date of this amendatory Act of the 94th General
588640 19 Assembly.
589641 20 (d-2) If no beneficiary is designated or if no designated
590642 21 beneficiary survives at the death of the Armed Forces member
591643 22 killed in the line of duty, the compensation shall be paid in
592644 23 entirety according to the designation made on the most recent
593645 24 version of the Armed Forces member's Servicemembers' Group
594646 25 Life Insurance Election and Certificate ("SGLI").
595647 26 If no SGLI form exists at the time of the Armed Forces
596648
597649
598650
599651
600652
601- HB5083 Engrossed - 17 - LRB103 37713 SPS 67840 b
653+ HB5083 - 17 - LRB103 37713 SPS 67840 b
602654
603655
604-HB5083 Engrossed- 18 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 18 - LRB103 37713 SPS 67840 b
605- HB5083 Engrossed - 18 - LRB103 37713 SPS 67840 b
656+HB5083- 18 -LRB103 37713 SPS 67840 b HB5083 - 18 - LRB103 37713 SPS 67840 b
657+ HB5083 - 18 - LRB103 37713 SPS 67840 b
606658 1 member's death, the compensation shall be paid in accordance
607659 2 with a legally binding will left by the Armed Forces member.
608660 3 If no SGLI form exists for the Armed Forces member and the
609661 4 Armed Forces member did not leave a legally binding will, the
610662 5 compensation shall be paid to the persons and in the priority
611663 6 as set forth in paragraphs (1) through (4) of subsection (d) of
612664 7 this Section.
613665 8 This subsection (d-2) applies to any pending case as long
614666 9 as compensation has not been paid to any party before the
615667 10 effective date of this amendatory Act of the 94th General
616668 11 Assembly.
617669 12 (e) If there is no beneficiary designated or if no
618670 13 designated beneficiary survives at the death of the law
619671 14 enforcement officer, civil defense worker, civil air patrol
620672 15 member, paramedic, fireman, mental health professional,
621673 16 chaplain, State employee, or Armed Forces member killed in the
622674 17 line of duty and there is no other person or entity to whom
623675 18 compensation is payable under this Section, no compensation
624676 19 shall be payable under this Act.
625677 20 (f) No part of such compensation may be paid to any other
626678 21 person for any efforts in securing such compensation.
627679 22 (g) This amendatory Act of the 93rd General Assembly
628680 23 applies to claims made on or after October 18, 2004 with
629681 24 respect to an Armed Forces member killed in the line of duty.
630682 25 (h) In any case for which benefits have not been paid
631683 26 within 6 months of the claim being filed in accordance with
632684
633685
634686
635687
636688
637- HB5083 Engrossed - 18 - LRB103 37713 SPS 67840 b
689+ HB5083 - 18 - LRB103 37713 SPS 67840 b
638690
639691
640-HB5083 Engrossed- 19 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 19 - LRB103 37713 SPS 67840 b
641- HB5083 Engrossed - 19 - LRB103 37713 SPS 67840 b
692+HB5083- 19 -LRB103 37713 SPS 67840 b HB5083 - 19 - LRB103 37713 SPS 67840 b
693+ HB5083 - 19 - LRB103 37713 SPS 67840 b
642694 1 this Section, which is pending as of the effective date of this
643695 2 amendatory Act of the 96th General Assembly, and in which
644696 3 there are 2 or more beneficiaries, at least one of whom would
645697 4 receive at least a portion of the total benefit regardless of
646698 5 the manner in which the Court of Claims resolves the claim, the
647699 6 Court shall direct the Comptroller to pay the minimum amount
648700 7 of money which the determinate beneficiary would receive
649701 8 together with all interest payment penalties which have
650702 9 accrued on that portion of the award being paid within 30 days
651703 10 of the effective date of this amendatory Act of the 96th
652704 11 General Assembly. For purposes of this subsection (h),
653705 12 "determinate beneficiary" means the beneficiary who would
654706 13 receive any portion of the total benefit claimed regardless of
655707 14 the manner in which the Court of Claims adjudicates the claim.
656708 15 (i) The Court of Claims shall ensure that all individuals
657709 16 who have filed an application to claim the duty death benefit
658710 17 for a deceased member of the Armed Forces pursuant to this
659711 18 Section or for a fireman pursuant to this Section, or their
660712 19 designated representative, shall have access, on a timely
661713 20 basis and in an efficient manner, to all information related
662714 21 to the court's consideration, processing, or adjudication of
663715 22 the claim, including, but not limited to, the following:
664716 23 (1) a reliable estimate of when the Court of Claims
665717 24 will adjudicate the claim, or if the Court cannot estimate
666718 25 when it will adjudicate the claim, a full written
667719 26 explanation of the reasons for this inability; and
668720
669721
670722
671723
672724
673- HB5083 Engrossed - 19 - LRB103 37713 SPS 67840 b
725+ HB5083 - 19 - LRB103 37713 SPS 67840 b
674726
675727
676-HB5083 Engrossed- 20 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 20 - LRB103 37713 SPS 67840 b
677- HB5083 Engrossed - 20 - LRB103 37713 SPS 67840 b
728+HB5083- 20 -LRB103 37713 SPS 67840 b HB5083 - 20 - LRB103 37713 SPS 67840 b
729+ HB5083 - 20 - LRB103 37713 SPS 67840 b
678730 1 (2) a reliable estimate, based upon consultation with
679731 2 the Comptroller, of when the benefit will be paid to the
680732 3 claimant.
681733 4 (j) The Court of Claims shall send written notice to all
682734 5 claimants within 2 weeks of the initiation of a claim
683735 6 indicating whether or not the application is complete. For
684736 7 purposes of this subsection (j), an application is complete if
685737 8 a claimant has submitted to the Court of Claims all documents
686738 9 and information the Court requires for adjudicating and paying
687739 10 the benefit amount. For purposes of this subsection (j), a
688740 11 claim for the duty death benefit is initiated when a claimant
689741 12 submits any of the application materials required for
690742 13 adjudicating the claim to the Court of Claims. In the event a
691743 14 claimant's application is incomplete, the Court shall include
692744 15 in its written notice a list of the information or documents
693745 16 which the claimant must submit in order for the application to
694746 17 be complete. In no case may the Court of Claims deny a claim
695747 18 and subsequently re-adjudicate the same claim for the purpose
696748 19 of evading or reducing the interest penalty payment amount
697749 20 payable to any claimant.
698750 21 (Source: P.A. 102-215, eff. 7-30-21; 103-8, eff. 6-7-23.)
699751 22 (820 ILCS 315/3.5)
700752 23 Sec. 3.5. Burial benefit. A burial benefit of up to a
701753 24 maximum of $20,000 shall be payable to the surviving spouse or
702754 25 estate of a law enforcement officer, mental health
703755
704756
705757
706758
707759
708- HB5083 Engrossed - 20 - LRB103 37713 SPS 67840 b
760+ HB5083 - 20 - LRB103 37713 SPS 67840 b
709761
710762
711-HB5083 Engrossed- 21 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 21 - LRB103 37713 SPS 67840 b
712- HB5083 Engrossed - 21 - LRB103 37713 SPS 67840 b
763+HB5083- 21 -LRB103 37713 SPS 67840 b HB5083 - 21 - LRB103 37713 SPS 67840 b
764+ HB5083 - 21 - LRB103 37713 SPS 67840 b
713765 1 professional, or fireman who is killed in the line of duty
714766 2 after June 30, 2018.
715767 3 The Attorney General and the Court of Claims may jointly
716768 4 adopt rules and procedures for the implementation of this
717769 5 Section.
718770 6 (Source: P.A. 101-28, eff. 1-1-20.)
719771 7 (820 ILCS 315/4) (from Ch. 48, par. 284)
720772 8 Sec. 4. Notwithstanding Section 3, no compensation is
721773 9 payable under this Act unless a claim therefor is filed,
722774 10 within the time specified by that Section with the Court of
723775 11 Claims on an application prescribed and furnished by the
724776 12 Attorney General and setting forth:
725777 13 (a) the name, address and title or designation of the
726778 14 position in which the officer, civil defense worker, civil
727779 15 air patrol member, paramedic, fireman, chaplain, State
728780 16 employee, or Armed Forces member was serving at the time
729781 17 of his death;
730782 18 (b) the names and addresses of person or persons
731783 19 designated by the officer, civil defense worker, civil air
732784 20 patrol member, paramedic, fireman, chaplain, mental health
733785 21 professional, State employee, or Armed Forces member to
734786 22 receive the compensation and, if more than one, the
735787 23 percentage or share to be paid to each such person, or if
736788 24 there has been no such designation, the name and address
737789 25 of the personal representative of the estate of the
738790
739791
740792
741793
742794
743- HB5083 Engrossed - 21 - LRB103 37713 SPS 67840 b
795+ HB5083 - 21 - LRB103 37713 SPS 67840 b
744796
745797
746-HB5083 Engrossed- 22 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 22 - LRB103 37713 SPS 67840 b
747- HB5083 Engrossed - 22 - LRB103 37713 SPS 67840 b
798+HB5083- 22 -LRB103 37713 SPS 67840 b HB5083 - 22 - LRB103 37713 SPS 67840 b
799+ HB5083 - 22 - LRB103 37713 SPS 67840 b
748800 1 officer, civil defense worker, civil air patrol member,
749801 2 paramedic, fireman, mental health professional, chaplain,
750802 3 State employee, or Armed Forces member;
751803 4 (c) a full, factual account of the circumstances
752804 5 resulting in or the course of events causing the death of
753805 6 the officer, civil defense worker, civil air patrol
754806 7 member, paramedic, fireman, mental health professional,
755807 8 chaplain, State employee, or Armed Forces member; and
756808 9 (d) such other information as the Court of Claims
757809 10 reasonably requires.
758810 11 When a claim is filed, the Attorney General shall make an
759811 12 investigation for substantiation of matters set forth in such
760812 13 an application.
761813 14 For the 2 years immediately following the effective date
762814 15 of this amendatory act of the 96th General Assembly, the Court
763815 16 of Claims shall direct the Comptroller to pay a
764816 17 "Modified-Eligibility Line of Duty Benefit" to eligible late
765817 18 claimants who file a claim for the benefit. A claim for a
766818 19 Modified-Eligibility Line of Duty Benefit must include all the
767819 20 application materials and documents required for all other
768820 21 claims payable under this Act, except as otherwise provided in
769821 22 this Section 4. For purposes of this Section 4 only, an
770822 23 "eligible late claimant" is a person who would have been
771823 24 eligible, at any time after September 11, 2001, to apply for
772824 25 and receive payment of a claim pursuant to this Act in
773825 26 connection with the death of an Armed Forces member killed in
774826
775827
776828
777829
778830
779- HB5083 Engrossed - 22 - LRB103 37713 SPS 67840 b
831+ HB5083 - 22 - LRB103 37713 SPS 67840 b
780832
781833
782-HB5083 Engrossed- 23 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 23 - LRB103 37713 SPS 67840 b
783- HB5083 Engrossed - 23 - LRB103 37713 SPS 67840 b
834+HB5083- 23 -LRB103 37713 SPS 67840 b HB5083 - 23 - LRB103 37713 SPS 67840 b
835+ HB5083 - 23 - LRB103 37713 SPS 67840 b
784836 1 the line of duty or a fireman killed in the line of duty, but
785837 2 did not receive the award payment because:
786838 3 (1) the claim was rejected only because the claim was
787839 4 not filed within the time limitation set forth in
788840 5 subsection (a) of Section 3 of this Act; or
789841 6 (2) having met all other preconditions for applying
790842 7 for and receiving the award payment, the claimant did not
791843 8 file a claim because the claim would not have been filed
792844 9 within the time limitation set forth in subsection (a) of
793845 10 Section 3 of this Act. For purposes of this Section 4 only,
794846 11 the "Modified-Eligibility Line of Duty Benefit" is an
795847 12 amount of money payable to eligible late claimants equal
796848 13 to the amount set forth in Section 3 of this Act payable to
797849 14 claimants seeking payment of awards under Section 3 of
798850 15 this Act for claims made thereunder in the year in which
799851 16 the claim for the Modified-Eligibility Line of Duty
800852 17 Benefit is made. Within 6 months of receiving a complete
801853 18 claim for the Modified-Eligibility Line of Duty Benefit,
802854 19 the Court of Claims must direct the Comptroller to pay the
803855 20 benefit amount to the eligible late claimant.
804856 21 (Source: P.A. 96-539, eff. 1-1-10; 96-923, eff. 1-1-11.)
805857 22 Section 15. The Public Safety Employee Benefits Act is
806858 23 amended by changing Section 3 as follows:
807859 24 (820 ILCS 320/3)
808860
809861
810862
811863
812864
813- HB5083 Engrossed - 23 - LRB103 37713 SPS 67840 b
865+ HB5083 - 23 - LRB103 37713 SPS 67840 b
814866
815867
816-HB5083 Engrossed- 24 -LRB103 37713 SPS 67840 b HB5083 Engrossed - 24 - LRB103 37713 SPS 67840 b
817- HB5083 Engrossed - 24 - LRB103 37713 SPS 67840 b
868+HB5083- 24 -LRB103 37713 SPS 67840 b HB5083 - 24 - LRB103 37713 SPS 67840 b
869+ HB5083 - 24 - LRB103 37713 SPS 67840 b
818870
819871
820872
821873
822874
823- HB5083 Engrossed - 24 - LRB103 37713 SPS 67840 b
875+ HB5083 - 24 - LRB103 37713 SPS 67840 b