(820
ILCS 305/9) (from Ch. 48, par. 138.9)
Sec.
9. Any employer or employee or beneficiary who shall desire to
have such compensation, or any unpaid part thereof, paid in a lump
sum, may petition the Commission, asking that such compensation
be so paid. If, upon proper notice to the interested parties and
a proper showing made before such Commission or any member thereof,
it appears to the best interest of the parties that such compensation
be so paid, the Commission may order the commutation of the compensation
to an equivalent lump sum, which commutation shall be an amount
which will equal the total sum of the probable future payments
capitalized at their present value upon the basis of interest calculated
at the maximum rate of interest payable by member banks of the
Federal Reserve System on passbook savings deposits as published
in Regulation Q or its successor or, if Regulation Q or its successor
is repealed, then the rate in effect on the date of repeal.
In
cases indicating complete disability no petition for a commutation
to a lump sum basis shall be entertained by the Commission until
after the expiration of 6 months from the date of the injury.
Where
necessary, upon proper application being made, a guardian or administrator,
as the case may be, may be appointed for any person under disability
who may be entitled to any such compensation and an employer bound
by the terms of this Act and liable to pay such compensation, may
petition for the appointment of the public administrator, or guardian,
where no legal representative has been appointed or is acting for
such party or parties so under disability.
The
payment of compensation in a lump sum to the employee in his or
her lifetime upon order of the Commission, shall extinguish and
bar all claims for compensation for death if the compensation paid
in a lump sum represents a compromise of a dispute on any question
other than the extent of disability.
Subject
to the provisions herein above in this paragraph contained, where
no dispute exists as to the fact that the accident arose out of
and in the course of the employment and where such accident results
in death or in the amputation of any member or in the enucleation
of an eye, then and in such case the arbitrator or Commission may,
upon the petition of either the employer or the employee, enter
an award providing for the payment of compensation for such death
or injury in accordance with the provisions of Section 7 or paragraph
(e) of Section 8 of this Act.
(Source: P.A.
83-1362.)