(820 ILCS 315/2)
(from Ch. 48, par. 282)
(Text of Section before amendment by P.A. 94‑696)
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.)
(Text of Section after amendment by P.A. 94‑696)
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
Department of Corrections and the Department of Juvenile Justice, while within the facilities under the control
of the Department of Corrections or the Department of Juvenile Justice 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 or Department of Juvenile Justice employees who have daily
contact with inmates.
The death of the foregoing employees of the Department of Corrections or the Department of Juvenile Justice
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 or the Department of Juvenile Justice.
(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 and Department of Juvenile Justice 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; 94‑696, eff. 6‑1‑06.)
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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 if no designated beneficiary survives at the death of the law
enforcement officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, or State employee
killed in the line of
duty, the compensation shall be paid in accordance with a legally binding will left by the law
enforcement officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, or State employee. If the law
enforcement officer, civil defense worker, civil air patrol member,
paramedic, fireman, chaplain, or State employee did not leave a legally binding will, 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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The changes made to this subsection (d) by this amendatory Act of the 94th General Assembly apply to any pending case as long as compensation has not been paid to any party before the effective date of this amendatory Act of the 94th General Assembly.
(d‑1) For purposes of subsection (d), in the case of a person killed in the line of duty who was born out of wedlock and was not an adoptive child at the time of the person's death, a person shall be deemed to be a parent of the person killed in the line of duty only if that person would be an eligible parent, as defined in Section 2‑2 of the Probate Act of 1975, of the person killed in the line of duty. This subsection (d‑1) applies to any pending claim if compensation was not paid to the claimant of the pending claim before the effective date of this amendatory Act of the 94th General Assembly.
(d‑2) If no beneficiary is designated or if no designated
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beneficiary survives at the death of the Armed Forces member killed in the line of duty, the compensation shall be paid in entirety according to the designation made on the most recent version of the Armed Forces member's Servicemembers' Group Life Insurance Election and Certificate ("SGLI").
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If no SGLI form exists at the time of the Armed Forces
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member's death, the compensation shall be paid in accordance with a legally binding will left by the Armed Forces member.
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If no SGLI form exists for the Armed Forces member and
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the Armed Forces member did not leave a legally binding will, the compensation shall be paid to the persons and in the priority as set forth in paragraphs (1) through (4) of subsection (d) of this Section.
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This subsection (d‑2) applies to any pending case as long
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as compensation has not been paid to any party before the effective date of this amendatory Act of the 94th General Assembly.
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(e) If there is no beneficiary designated or if no designated beneficiary survives 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 there is no other person or entity to whom compensation is payable under this Section, 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. 93‑1047, eff. 10‑18‑04; 93‑1073, eff. 1‑18‑05; 94‑843, eff. 6‑8‑06; 94‑844, eff. 6‑8‑06.)
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