(820 ILCS 315/1) (from Ch. 48,
par. 281)
Sec. 1. This Act shall be known
and may be cited as the Line of Duty Compensation Act.
(Source: P.A. 93-1047, eff. 10-18-04.)
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(820 ILCS 315/2)
(from Ch. 48,
par. 282)
Sec. 2. As used in this Act, unless
the context otherwise requires:
(a) "Law enforcement officer" or "officer" means
any person employed by the State or a local governmental entity
as a policeman, peace officer, auxiliary policeman or in some
like position involving the enforcement of the law and protection
of the public interest at the risk of that person's life. This
includes supervisors, wardens, superintendents and their assistants,
guards and keepers, correctional officers, youth supervisors,
parole agents, school teachers and correctional counsellors in
all facilities of both the Juvenile and Adult Divisions of the
Department of Corrections, while within the facilities under
the control of the Department of Corrections or in the act of
transporting inmates or wards from one location to another or
while performing their official duties, and all other Department
of Correction employees who have daily contact with inmates.
The death of the foregoing employees
of the Department of Corrections in order to be included herein
must be by the direct or indirect willful act of an inmate, ward,
work-releasee, parolee, parole violator, person under conditional
release, or any person sentenced or committed, or otherwise subject
to confinement in or to the Department of Corrections.
(b) "Fireman" means any
person employed by the State or a local governmental entity as,
or otherwise serving as, a member or officer of a fire department
either for the purpose of the prevention or control of fire or
the underwater recovery of drowning victims, including volunteer
firemen.
(c) "Local governmental entity" includes
counties, municipalities and municipal corporations.
(d) "State" means the
State of Illinois and
its departments, divisions, boards, bureaus, commissions, authorities
and colleges and universities.
(e) "Killed in the line of
duty" means losing one's life as a result of injury received
in the active performance of duties as a law enforcement officer,
civil defense worker, civil air patrol member, paramedic, fireman,
or chaplain if the death occurs within one year from the date
the injury was received and if that injury arose from violence
or other accidental cause. In the case of a State employee, "killed
in the line of duty" means losing one's life as a result
of injury received in the active performance of one's duties
as a State employee, if the death occurs within one year from
the date the injury was received and if that injury arose from
a willful act of violence by another State employee committed
during such other employee's course of employment and after January
1, 1988. The term excludes death resulting from the willful misconduct
or intoxication of the officer, civil defense worker, civil air
patrol member, paramedic, fireman, chaplain, or State employee.
However, the burden of proof of such willful misconduct or intoxication
of the officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, or State employee is on the Attorney
General. Subject to the conditions set forth in subsection (a)
with respect to inclusion under this Act of Department of Corrections
employees described in that subsection, for the purposes of this
Act, instances in which a law enforcement officer receives an
injury in the active performance of duties as a law enforcement
officer include but are not limited to instances when:
(1) the
injury is received as a result of a wilful
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act of violence committed other than
by the officer and a relationship exists between
the commission of such act and the officer's
performance of his duties as a law enforcement
officer, whether or not the injury is received
while the officer is on duty as a law enforcement
officer;
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(2)
the injury is received by the officer while the
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officer is attempting to prevent the
commission of a criminal act by another or
attempting to apprehend an individual the officer
suspects has committed a crime, whether or
not the injury is received while the officer
is on duty as a law enforcement officer;
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(3)
the injury is received by the officer while the
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officer is travelling to or from his
employment as a law enforcement officer or
during any meal break, or other break, which
takes place during the period in which the
officer is on duty as a law enforcement officer.
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In the case of
an Armed Forces member, "killed in the line of
duty" means losing one's life while on active
duty in connection with the September 11, 2001 terrorist
attacks on the United
States,
Operation Enduring Freedom, or Operation Iraqi Freedom.
(f) "Volunteer fireman" means
a person having principal employment other than as a fireman, but
who is carried on the rolls of a regularly constituted fire department
either for the purpose of the prevention or control of fire or
the underwater recovery of drowning victims, the members of which
are under the jurisdiction of the corporate authorities of a city,
village, incorporated town, or fire protection district, and includes
a volunteer member of a fire department organized under the "General
Not for Profit Corporation Act", approved July 17, 1943, as
now or hereafter amended, which is under contract with any city,
village, incorporated town, fire protection district, or persons
residing therein, for fire fighting services. "Volunteer fireman" does
not mean an individual who volunteers assistance without being
regularly enrolled as a fireman.
(g) "Civil defense worker" means
any person employed by the State or a local governmental entity
as, or otherwise serving as, a member of a civil defense work force,
including volunteer civil defense work forces engaged in serving
the public interest during periods of disaster, whether natural
or man-made.
(h) "Civil air patrol member" means
any person employed by the State or a local governmental entity
as, or otherwise serving as, a member of the organization commonly
known as the "Civil Air Patrol", including volunteer
members of the organization commonly known as the "Civil Air
Patrol".
(i) "Paramedic" means
an Emergency Medical Technician-Paramedic certified by the
Illinois Department of Public Health under the Emergency Medical
Services (EMS) Systems Act, and all other emergency medical personnel
certified by the Illinois Department of Public Health who are members
of an organized body or not-for-profit corporation
under the jurisdiction of a city, village, incorporated town, fire
protection district or county, that provides emergency medical
treatment to persons of a defined geographical area.
(j) "State employee" means
any employee as defined in Section 14-103.05 of the Illinois
Pension Code, as now or hereafter amended.
(k) "Chaplain" means
an individual who:
(1) is
a chaplain of (i) a fire department or (ii) a
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police department or other agency consisting
of law enforcement officers; and
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(2)
has been designated a chaplain by (i) the fire
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department, police department, or other
agency or an officer or body having jurisdiction
over the department or agency or (ii) a labor
organization representing the firemen or law
enforcement officers.
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(l) "Armed
Forces member" means an Illinois resident who
is: a member of the Armed Forces of the United States;
a member of the Illinois National Guard while on active
military service pursuant to an order of the President
of the United States; or a member of any reserve component
of the Armed Forces of the United States while on active
military service pursuant to an order of the President
of the United States.
(Source: P.A. 93-1047, eff. 10-18-04;
93-1073, eff. 1-18-05.)
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(820 ILCS 315/3)
(from Ch. 48, par. 283)
Sec. 3. Duty death benefit.
(a) If a claim therefor is made
within one year of the date of death of a law enforcement officer,
civil defense worker, civil air patrol member, paramedic, fireman,
chaplain, State employee, or Armed Forces member 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, State employee,
or Armed Forces member. However, if the Armed Forces member was
killed in the line of duty before October 18, 2004, the claim
must be made within one year of October 18, 2004.
(b) The amount of compensation,
except for an Armed Forces member, shall be $10,000 if the death
in the line of duty occurred prior to January 1, 1974; $20,000
if such death occurred after December 31, 1973 and before July
1, 1983; $50,000 if such death occurred on or after July 1, 1983
and before January 1, 1996; $100,000 if the death occurred on
or after January 1, 1996 and before May 18, 2001; $118,000 if
the death occurred on or after May 18, 2001 and before July 1,
2002; and $259,038 if the death occurred on or after July 1,
2002 and before January 1, 2003. For an Armed Forces member killed
in the line of duty (i) at any time before January 1, 2005, the
compensation is $259,038 plus amounts equal to the increases
for 2003 and 2004 determined under subsection (c) and (ii) on
or after January 1, 2005, the compensation is the amount determined
under item (i) plus the applicable increases for 2005 and thereafter
determined under subsection (c).
(c) Except as provided in subsection
(b), for deaths occurring on or after January 1, 2003, the death
compensation rate for death in the line of duty occurring in
a particular calendar year shall be the death compensation rate
for death occurring in the previous calendar year (or in the
case of deaths occurring in 2003, the rate in effect on December
31, 2002) increased by a percentage thereof equal to the percentage
increase, if any, in the index known as the Consumer Price Index
for All Urban Consumers: U.S. city average, unadjusted, for all
items, as published by the United States Department of Labor,
Bureau of Labor Statistics, for the 12 months ending with the
month of June of that previous calendar year.
(d) If no beneficiary is designated
or surviving at the death of the law enforcement officer, civil
defense worker, civil air patrol member, paramedic, fireman,
chaplain, State employee, or Armed Forces member killed in the
line of duty, the compensation shall be paid as follows:
(1) when
there is a surviving spouse, the entire sum
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shall be paid to the spouse;
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(2)
when there is no surviving spouse, but a
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surviving descendant of the decedent,
the entire sum shall be paid to the decedent's
descendants per stirpes;
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(3)
when there is neither a surviving spouse nor a
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surviving descendant, the entire sum
shall be paid to the parents of the decedent
in equal parts, allowing to the surviving parent,
if one is dead, the entire sum; and
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(4)
when there is no surviving spouse, descendant or
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parent of the decedent, but there are
surviving brothers or sisters, or descendants
of a brother or sister, who were receiving
their principal support from the decedent at
his death, the entire sum shall be paid, in
equal parts, to the dependent brothers or sisters
or dependent descendant of a brother or sister.
Dependency shall be determined by the Court
of Claims based upon the investigation and
report of the Attorney General.
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(e) When there
is no beneficiary designated or surviving at the death
of the law enforcement officer, civil defense worker,
civil air patrol member, paramedic, fireman, chaplain,
State employee, or Armed Forces member killed in the
line of duty and no surviving spouse, descendant, parent,
dependent brother or sister, or dependent descendant
of a brother or sister, no compensation shall be payable
under this Act.
(f) No part of such compensation
may be paid to any other person for any efforts in securing such
compensation.
(g) This amendatory Act of the
93rd General Assembly applies to claims made on or after October
18, 2004 with respect to an Armed Forces member killed in the line
of duty.
(Source: P.A. 92-3, eff. 5-18-01; 92-609,
eff. 7-1-02; 93-1047, eff. 10-18-04;
93-1073, eff. 1-18-05.)
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(820 ILCS 315/3.5)
Sec. 3.5. Burial benefit. A burial
benefit of up to a maximum of $10,000 shall be payable to the
surviving spouse or estate of a law enforcement officer or fireman
who is killed in the line of duty on or after the effective date
of this amendatory Act of 1997.
The Attorney General and the Court
of Claims may jointly adopt rules and procedures for the implementation
of this Section.
(Source: P.A. 90-577, eff. 1-1-99.)
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(820 ILCS 315/4)
(from Ch. 48,
par. 284)
Sec. 4. Notwithstanding Section
3, no compensation is payable under this Act unless a claim therefor
is filed, within the time specified by that Section with the
Court of Claims on an application prescribed and furnished by
the Attorney General and setting forth:
(a) the name, address and title
or designation of the position in which the officer, civil defense
worker, civil air patrol member, paramedic, fireman, chaplain,
State employee, or Armed Forces member was serving at the time
of his death;
(b) the names and addresses of
person or persons designated by the officer, civil defense worker,
civil air patrol member, paramedic, fireman, chaplain, State
employee, or Armed Forces member to receive the compensation
and, if more than one, the percentage or share to be paid to
each such person, or if there has been no such designation, the
name and address of the personal representative of the estate
of the officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, State employee, or Armed Forces
member;
(c) a full, factual account of
the circumstances resulting in or the course of events causing
the death of the officer, civil defense worker, civil air patrol
member, paramedic, fireman, chaplain, State employee, or Armed
Forces member; and
(d) such other information as the
Court of Claims reasonably requires.
When a claim is filed, the Attorney
General shall make an investigation for substantiation of matters
set forth in such an application.
(Source: P.A. 93-1047, eff. 10-18-04.)
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(820 ILCS 315/5) (from Ch. 48,
par. 285)
Sec. 5.
The compensation provided for in
this Act is in addition to, and not exclusive of, any pension
rights, death benefits or other compensation otherwise
payable by law.
(Source: P. A. 76-1602.)
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