In the November issue of the ISBA Bar News (page 14), Major Joseph Baar Topinka provided practitioners with useful information on changes to the Service Members Group Life Insurance Program (SGLI).

In addition to benefits that survivors of soldiers killed in the line of duty receive from the federal government and SGLI, monetary benefits from the State of Illinois are provided through the Line of Duty Compensation Act (820 ILCS 315/et seq.) and the Illinois National Guardsman's Compensation Act (20 ILCS 1825/et seq.)

The governor signed Public Acts 93-1047 and 93-1073 on Oct. 18, 2004, amending the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen, Chaplains and State Employees Compensation Act to create the Line of Duty Compensation Act.

These new laws make death benefits available from the state to families of soldiers killed in the line of duty in Operation Enduring Freedom or Operation Iraqi Freedom. The current level of $274,000 is adjusted annually.

Under the previous act, regular military, reserve or Illinois National Guard members killed in Afghanistan or Iraq were not eligible for compensation.

When an Illinois resident – a member of the armed forces, the Illinois National Guard on federal service, or a reserve component on active military service – is killed in the line of duty in connection with Operation Enduring Freedom or Operation Iraqi Freedom, designated beneficiaries are entitled to apply to the Court of Claims for survivor benefits within one year after the date of death.

Because this expanded benefit is relatively new, and because service members serve worldwide, many are generally not aware of this benefit and therefore do not designate beneficiaries to receive Line of Duty Compensation.

In those instances where no specific beneficiary is designated, the act provides for priority distribution, most notably to the surviving spouse, and alternatively when there is no surviving spouse, to the deceased's descendants per stirpes.

When there are no surviving descendants, the act provides a schedule for distribution. Burial benefits up to a maximum of $10,000 are available and are not exclusive of any pension rights, death benefits or other compensation otherwise payable by state or federal law.

The Illinois National Guardsman's Comp-ensation Act mirrors the Line of Duty Comp-ensation Act by providing similar monetary benefits to designated beneficiaries of members who are killed in the line of duty when in state service and not on active military duty pursuant to an order of the president. The application process is similar to that of the Line of Duty Act.

Once an application is received, the Illinois attorney general conducts an investigation to substantiate the information provided and prepares a report to the Court of Claims before its consideration of distribution.

Illinois lawyers can perform immeasurable service to families of soldiers killed in the line of duty in the service of our state or country by advising them of these state benefits. Families may not be aware of eligibility to receive additional benefits due to the expanded coverage provided by the amended act.

The Line of Duty Compensation Act provides additional financial relief to those families suffering tremendous grief after losing a loved one in service to our country.

Application for Benefits forms can be obtained from the Court of Claims at www.sos.state.il.us/publications/pdf_publications/cc92.pdf, from the Illinois Department of Military Affairs, and from the Office of the Attorney General at www.illinoisattorneygeneral.gov/rights/application_for_death_benefits012705.pdf.

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