Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0229 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 SB0229 Introduced 1/31/2023, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 705 ILCS 505/24 from Ch. 37, par. 439.24 820 ILCS 315/3 from Ch. 48, par. 283 Amends the Court of Claims Act. Provides that, for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget on any continuing appropriation that is used at the conclusion of a fiscal year. Amends the Line of Duty Compensation Act. Provides that if a claim is made within 2 years (rather than 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 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, or State employee. Effective immediately. LRB103 05992 SPS 51016 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0229 Introduced 1/31/2023, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 705 ILCS 505/24 from Ch. 37, par. 439.24 820 ILCS 315/3 from Ch. 48, par. 283 705 ILCS 505/24 from Ch. 37, par. 439.24 820 ILCS 315/3 from Ch. 48, par. 283 Amends the Court of Claims Act. Provides that, for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget on any continuing appropriation that is used at the conclusion of a fiscal year. Amends the Line of Duty Compensation Act. Provides that if a claim is made within 2 years (rather than 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 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, or State employee. Effective immediately. LRB103 05992 SPS 51016 b LRB103 05992 SPS 51016 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0229 Introduced 1/31/2023, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 505/24 from Ch. 37, par. 439.24 820 ILCS 315/3 from Ch. 48, par. 283 705 ILCS 505/24 from Ch. 37, par. 439.24 820 ILCS 315/3 from Ch. 48, par. 283
4	4	705 ILCS 505/24 from Ch. 37, par. 439.24
5	5	820 ILCS 315/3 from Ch. 48, par. 283
6	6	Amends the Court of Claims Act. Provides that, for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget on any continuing appropriation that is used at the conclusion of a fiscal year. Amends the Line of Duty Compensation Act. Provides that if a claim is made within 2 years (rather than 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 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, or State employee. Effective immediately.
7	7	LRB103 05992 SPS 51016 b LRB103 05992 SPS 51016 b
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9	9	A BILL FOR
10	10	SB0229LRB103 05992 SPS 51016 b SB0229 LRB103 05992 SPS 51016 b
11	11	SB0229 LRB103 05992 SPS 51016 b
12	12	1 AN ACT concerning employment.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Court of Claims Act is amended by changing
16	16	5 Section 24 as follows:
17	17	6 (705 ILCS 505/24) (from Ch. 37, par. 439.24)
18	18	7 Sec. 24. Payment of awards.
19	19	8 (1) From funds appropriated by the General Assembly for
20	20	9 the purposes of this Section the Court may direct immediate
21	21	10 payment of:
22	22	11 (a) All claims arising solely as a result of the
23	23	12 lapsing of an appropriation out of which the obligation
24	24	13 could have been paid.
25	25	14 (b) All claims pursuant to the Line of Duty
26	26	15 Compensation Act.
27	27	16 (c) All claims pursuant to the "Illinois National
28	28	17 Guardsman's and Naval Militiaman's Compensation Act",
29	29	18 approved August 12, 1971, as amended.
30	30	19 (d) All claims pursuant to the "Crime Victims
31	31	20 Compensation Act", approved August 23, 1973, as amended.
32	32	21 (d-5) All claims against the State for unjust
33	33	22 imprisonment as provided in subsection (c) of Section 8 of
34	34	23 this Act.
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0229 Introduced 1/31/2023, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
39	39	705 ILCS 505/24 from Ch. 37, par. 439.24 820 ILCS 315/3 from Ch. 48, par. 283 705 ILCS 505/24 from Ch. 37, par. 439.24 820 ILCS 315/3 from Ch. 48, par. 283
40	40	705 ILCS 505/24 from Ch. 37, par. 439.24
41	41	820 ILCS 315/3 from Ch. 48, par. 283
42	42	Amends the Court of Claims Act. Provides that, for the purpose of making up any deficiency in the appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act, there is appropriated, on a continuing annual basis in each fiscal year, from the General Revenue Fund to the Court of Claims, the amount, if any, by which the total appropriation for the payment of claims directed pursuant to the Line of Duty Compensation Act for the fiscal year is less than the amount required for the payment of claims pursuant to the Line of Duty Compensation Act for that fiscal year. Provides that the amount of any continuing appropriation used by the Court of Claims under the amendatory Act for a given fiscal year shall be charged against the unexpended amount of any appropriation for line of duty awards to the Court of Claims for that fiscal year that subsequently becomes available. Requires the Court of Claims to report to the President and Minority Leader of the Senate, the Speaker and Minority Leader of the House of Representatives, and the Governor's Office of Management and Budget on any continuing appropriation that is used at the conclusion of a fiscal year. Amends the Line of Duty Compensation Act. Provides that if a claim is made within 2 years (rather than 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 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, or State employee. Effective immediately.
43	43	LRB103 05992 SPS 51016 b LRB103 05992 SPS 51016 b
44	44	LRB103 05992 SPS 51016 b
45	45	A BILL FOR
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51	51	705 ILCS 505/24 from Ch. 37, par. 439.24
52	52	820 ILCS 315/3 from Ch. 48, par. 283
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71	71	1 (e) All other claims wherein the amount of the award
72	72	2 of the Court is less than $50,000.
73	73	3 (2) The court may, from funds specifically appropriated
74	74	4 from the General Revenue Fund for this purpose, direct the
75	75	5 payment of awards less than $50,000 solely as a result of the
76	76	6 lapsing of an appropriation originally made from any fund held
77	77	7 by the State Treasurer. For any such award paid from the
78	78	8 General Revenue Fund, the court shall thereafter seek an
79	79	9 appropriation from the fund from which the liability
80	80	10 originally accrued in reimbursement of the General Revenue
81	81	11 Fund.
82	82	12 (3) In directing payment of a claim pursuant to the Line of
83	83	13 Duty Compensation Act, the Court must direct the Comptroller
84	84	14 to add an interest penalty if payment of a claim is not made
85	85	15 within 6 months after a claim is filed in accordance with
86	86	16 Section 3 of the Line of Duty Compensation Act and all
87	87	17 information has been submitted as required under Section 4 of
88	88	18 the Line of Duty Compensation Act. If payment is not issued
89	89	19 within the 6-month period, an interest penalty of 1% of the
90	90	20 amount of the award shall be added for each month or fraction
91	91	21 thereof after the end of the 6-month period, until final
92	92	22 payment is made. This interest penalty shall be added
93	93	23 regardless of whether the payment is not issued within the
94	94	24 6-month period because of the appropriation process, the
95	95	25 consideration of the matter by the Court, or any other reason.
96	96	26 (3.5) The interest penalty payment provided for in
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107	107	1 subsection (3) shall be added to all claims for which benefits
108	108	2 were not paid as of the effective date of P.A. 95-928. The
109	109	3 interest penalty shall be calculated starting from the
110	110	4 effective date of P.A. 95-928, provided that the effective
111	111	5 date of P.A. 95-928 is at least 6 months after the date on
112	112	6 which the claim was filed in accordance with Section 3 of the
113	113	7 Line of Duty Compensation Act. In the event that the date 6
114	114	8 months after the date on which the claim was filed is later
115	115	9 than the effective date of P.A. 95-928, the Court shall
116	116	10 calculate the interest payment penalty starting from the date
117	117	11 6 months after the date on which the claim was filed in
118	118	12 accordance with Section 3 of the Line of Duty Compensation
119	119	13 Act. This subsection (3.5) of this amendatory Act of the 96th
120	120	14 General Assembly is declarative of existing law.
121	121	15 (3.6) In addition to the interest payments provided for in
122	122	16 subsections (3) and (3.5), the Court shall direct the
123	123	17 Comptroller to add a "catch-up" payment to the claims of
124	124	18 eligible claimants. For the purposes of this subsection (3.6),
125	125	19 an "eligible claimant" is a claimant whose claim is not paid in
126	126	20 the year in which it was filed. For purposes of this subsection
127	127	21 (3.6), "'catch-up' payment" is defined as the difference
128	128	22 between the amount paid to claimants whose claims were filed
129	129	23 in the year in which the eligible claimant's claim is paid and
130	130	24 the amount paid to claimants whose claims were filed in the
131	131	25 year in which the eligible claimant filed his or her claim. The
132	132	26 "catch-up" payment is payable simultaneously with the claim
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143	143	1 award.
144	144	2 (3.7) For the purpose of making up any deficiency in the
145	145	3 appropriation for the payment of claims directed pursuant to
146	146	4 the Line of Duty Compensation Act, there is hereby
147	147	5 appropriated, on a continuing annual basis in each fiscal
148	148	6 year, from the General Revenue Fund to the Court of Claims, the
149	149	7 amount, if any, by which the total appropriation for the
150	150	8 payment of claims directed pursuant to the Line of Duty
151	151	9 Compensation Act for the fiscal year is less than the amount
152	152	10 required for the payment of claims pursuant to the Line of Duty
153	153	11 Compensation Act for that fiscal year. The amount of any
154	154	12 continuing appropriation used by the Court of Claims under
155	155	13 this subsection (3.7) for a given fiscal year shall be charged
156	156	14 against the unexpended amount of any appropriation for line of
157	157	15 duty awards to the Court of Claims for that fiscal year that
158	158	16 subsequently becomes available. The Court of Claims shall
159	159	17 report to the President and Minority Leader of the Senate, the
160	160	18 Speaker and Minority Leader of the House of Representatives,
161	161	19 and the Governor's Office of Management and Budget on any
162	162	20 continuing appropriation that is used at the conclusion of a
163	163	21 fiscal year.
164	164	22 (4) From funds appropriated by the General Assembly for
165	165	23 the purposes of paying claims under paragraph (c) of Section
166	166	24 8, the court must direct payment of each claim and the payment
167	167	25 must be received by the claimant within 60 days after the date
168	168	26 that the funds are appropriated for that purpose.
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179	179	1 (Source: P.A. 100-1124, eff. 11-27-18.)
180	180	2 Section 10. The Line of Duty Compensation Act is amended
181	181	3 by changing Section 3 as follows:
182	182	4 (820 ILCS 315/3) (from Ch. 48, par. 283)
183	183	5 Sec. 3. Duty death benefit.
184	184	6 (a) If a claim therefor is made within 2 years one year of
185	185	7 the date of death of a law enforcement officer, civil defense
186	186	8 worker, civil air patrol member, paramedic, fireman, chaplain,
187	187	9 or State employee killed in the line of duty, or if a claim
188	188	10 therefor is made within 2 years of the date of death of an
189	189	11 Armed Forces member killed in the line of duty, compensation
190	190	12 shall be paid to the person designated by the law enforcement
191	191	13 officer, civil defense worker, civil air patrol member,
192	192	14 paramedic, fireman, chaplain, State employee, or Armed Forces
193	193	15 member. However, if the Armed Forces member was killed in the
194	194	16 line of duty before October 18, 2004, the claim must be made
195	195	17 within one year of October 18, 2004. In addition, if a death
196	196	18 occurred after December 31, 2016 and before January 1, 2021,
197	197	19 the claim may be made no later than December 31, 2022
198	198	20 notwithstanding any other deadline established under this Act
199	199	21 with respect to filing a claim for a duty death benefit.
200	200	22 (b) The amount of compensation, except for an Armed Forces
201	201	23 member, shall be $10,000 if the death in the line of duty
202	202	24 occurred prior to January 1, 1974; $20,000 if such death
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213	213	1 occurred after December 31, 1973 and before July 1, 1983;
214	214	2 $50,000 if such death occurred on or after July 1, 1983 and
215	215	3 before January 1, 1996; $100,000 if the death occurred on or
216	216	4 after January 1, 1996 and before May 18, 2001; $118,000 if the
217	217	5 death occurred on or after May 18, 2001 and before July 1,
218	218	6 2002; and $259,038 if the death occurred on or after July 1,
219	219	7 2002 and before January 1, 2003. For an Armed Forces member
220	220	8 killed in the line of duty (i) at any time before January 1,
221	221	9 2005, the compensation is $259,038 plus amounts equal to the
222	222	10 increases for 2003 and 2004 determined under subsection (c)
223	223	11 and (ii) on or after January 1, 2005, the compensation is the
224	224	12 amount determined under item (i) plus the applicable increases
225	225	13 for 2005 and thereafter determined under subsection (c).
226	226	14 (c) Except as provided in subsection (b), for deaths
227	227	15 occurring on or after January 1, 2003, the death compensation
228	228	16 rate for death in the line of duty occurring in a particular
229	229	17 calendar year shall be the death compensation rate for death
230	230	18 occurring in the previous calendar year (or in the case of
231	231	19 deaths occurring in 2003, the rate in effect on December 31,
232	232	20 2002) increased by a percentage thereof equal to the
233	233	21 percentage increase, if any, in the index known as the
234	234	22 Consumer Price Index for All Urban Consumers: U.S. city
235	235	23 average, unadjusted, for all items, as published by the United
236	236	24 States Department of Labor, Bureau of Labor Statistics, for
237	237	25 the 12 months ending with the month of June of that previous
238	238	26 calendar year.
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249	249	1 (d) If no beneficiary is designated or if no designated
250	250	2 beneficiary survives at the death of the law enforcement
251	251	3 officer, civil defense worker, civil air patrol member,
252	252	4 paramedic, fireman, chaplain, or State employee killed in the
253	253	5 line of duty, the compensation shall be paid in accordance
254	254	6 with a legally binding will left by the law enforcement
255	255	7 officer, civil defense worker, civil air patrol member,
256	256	8 paramedic, fireman, chaplain, or State employee. If the law
257	257	9 enforcement officer, civil defense worker, civil air patrol
258	258	10 member, paramedic, fireman, chaplain, or State employee did
259	259	11 not leave a legally binding will, the compensation shall be
260	260	12 paid as follows:
261	261	13 (1) when there is a surviving spouse, the entire sum
262	262	14 shall be paid to the spouse;
263	263	15 (2) when there is no surviving spouse, but a surviving
264	264	16 descendant of the decedent, the entire sum shall be paid
265	265	17 to the decedent's descendants per stirpes;
266	266	18 (3) when there is neither a surviving spouse nor a
267	267	19 surviving descendant, the entire sum shall be paid to the
268	268	20 parents of the decedent in equal parts, allowing to the
269	269	21 surviving parent, if one is dead, the entire sum; and
270	270	22 (4) when there is no surviving spouse, descendant or
271	271	23 parent of the decedent, but there are surviving brothers
272	272	24 or sisters, or descendants of a brother or sister, who
273	273	25 were receiving their principal support from the decedent
274	274	26 at his death, the entire sum shall be paid, in equal parts,
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285	285	1 to the dependent brothers or sisters or dependent
286	286	2 descendant of a brother or sister. Dependency shall be
287	287	3 determined by the Court of Claims based upon the
288	288	4 investigation and report of the Attorney General.
289	289	5 The changes made to this subsection (d) by this amendatory Act
290	290	6 of the 94th General Assembly apply to any pending case as long
291	291	7 as compensation has not been paid to any party before the
292	292	8 effective date of this amendatory Act of the 94th General
293	293	9 Assembly.
294	294	10 (d-1) For purposes of subsection (d), in the case of a
295	295	11 person killed in the line of duty who was born out of wedlock
296	296	12 and was not an adoptive child at the time of the person's
297	297	13 death, a person shall be deemed to be a parent of the person
298	298	14 killed in the line of duty only if that person would be an
299	299	15 eligible parent, as defined in Section 2-2 of the Probate Act
300	300	16 of 1975, of the person killed in the line of duty. This
301	301	17 subsection (d-1) applies to any pending claim if compensation
302	302	18 was not paid to the claimant of the pending claim before the
303	303	19 effective date of this amendatory Act of the 94th General
304	304	20 Assembly.
305	305	21 (d-2) If no beneficiary is designated or if no designated
306	306	22 beneficiary survives at the death of the Armed Forces member
307	307	23 killed in the line of duty, the compensation shall be paid in
308	308	24 entirety according to the designation made on the most recent
309	309	25 version of the Armed Forces member's Servicemembers' Group
310	310	26 Life Insurance Election and Certificate ("SGLI").
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321	321	1 If no SGLI form exists at the time of the Armed Forces
322	322	2 member's death, the compensation shall be paid in accordance
323	323	3 with a legally binding will left by the Armed Forces member.
324	324	4 If no SGLI form exists for the Armed Forces member and the
325	325	5 Armed Forces member did not leave a legally binding will, the
326	326	6 compensation shall be paid to the persons and in the priority
327	327	7 as set forth in paragraphs (1) through (4) of subsection (d) of
328	328	8 this Section.
329	329	9 This subsection (d-2) applies to any pending case as long
330	330	10 as compensation has not been paid to any party before the
331	331	11 effective date of this amendatory Act of the 94th General
332	332	12 Assembly.
333	333	13 (e) If there is no beneficiary designated or if no
334	334	14 designated beneficiary survives at the death of the law
335	335	15 enforcement officer, civil defense worker, civil air patrol
336	336	16 member, paramedic, fireman, chaplain, State employee, or Armed
337	337	17 Forces member killed in the line of duty and there is no other
338	338	18 person or entity to whom compensation is payable under this
339	339	19 Section, no compensation shall be payable under this Act.
340	340	20 (f) No part of such compensation may be paid to any other
341	341	21 person for any efforts in securing such compensation.
342	342	22 (g) This amendatory Act of the 93rd General Assembly
343	343	23 applies to claims made on or after October 18, 2004 with
344	344	24 respect to an Armed Forces member killed in the line of duty.
345	345	25 (h) In any case for which benefits have not been paid
346	346	26 within 6 months of the claim being filed in accordance with
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357	357	1 this Section, which is pending as of the effective date of this
358	358	2 amendatory Act of the 96th General Assembly, and in which
359	359	3 there are 2 or more beneficiaries, at least one of whom would
360	360	4 receive at least a portion of the total benefit regardless of
361	361	5 the manner in which the Court of Claims resolves the claim, the
362	362	6 Court shall direct the Comptroller to pay the minimum amount
363	363	7 of money which the determinate beneficiary would receive
364	364	8 together with all interest payment penalties which have
365	365	9 accrued on that portion of the award being paid within 30 days
366	366	10 of the effective date of this amendatory Act of the 96th
367	367	11 General Assembly. For purposes of this subsection (h),
368	368	12 "determinate beneficiary" means the beneficiary who would
369	369	13 receive any portion of the total benefit claimed regardless of
370	370	14 the manner in which the Court of Claims adjudicates the claim.
371	371	15 (i) The Court of Claims shall ensure that all individuals
372	372	16 who have filed an application to claim the duty death benefit
373	373	17 for a deceased member of the Armed Forces pursuant to this
374	374	18 Section or for a fireman pursuant to this Section, or their
375	375	19 designated representative, shall have access, on a timely
376	376	20 basis and in an efficient manner, to all information related
377	377	21 to the court's consideration, processing, or adjudication of
378	378	22 the claim, including, but not limited to, the following:
379	379	23 (1) a reliable estimate of when the Court of Claims
380	380	24 will adjudicate the claim, or if the Court cannot estimate
381	381	25 when it will adjudicate the claim, a full written
382	382	26 explanation of the reasons for this inability; and
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393	393	1 (2) a reliable estimate, based upon consultation with
394	394	2 the Comptroller, of when the benefit will be paid to the
395	395	3 claimant.
396	396	4 (j) The Court of Claims shall send written notice to all
397	397	5 claimants within 2 weeks of the initiation of a claim
398	398	6 indicating whether or not the application is complete. For
399	399	7 purposes of this subsection (j), an application is complete if
400	400	8 a claimant has submitted to the Court of Claims all documents
401	401	9 and information the Court requires for adjudicating and paying
402	402	10 the benefit amount. For purposes of this subsection (j), a
403	403	11 claim for the duty death benefit is initiated when a claimant
404	404	12 submits any of the application materials required for
405	405	13 adjudicating the claim to the Court of Claims. In the event a
406	406	14 claimant's application is incomplete, the Court shall include
407	407	15 in its written notice a list of the information or documents
408	408	16 which the claimant must submit in order for the application to
409	409	17 be complete. In no case may the Court of Claims deny a claim
410	410	18 and subsequently re-adjudicate the same claim for the purpose
411	411	19 of evading or reducing the interest penalty payment amount
412	412	20 payable to any claimant.
413	413	21 (Source: P.A. 102-215, eff. 7-30-21.)
414	414	22 Section 99. Effective date. This Act takes effect upon
415	415	23 becoming law.
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