Ill. Admin. Code tit. 95 § 120.20

Current through Register Vol. 48, No. 43, October 25, 2024

Section 120.20 - Determination of Entitlement

A beneficiary must show proof of the following:

a) The deceased person had Illinois residency for at least 12 months immediately preceding entry into military service. Proof of residency for active duty personnel will consist of information obtained from the Military Casualty Report, enlistment contract, discharge certificates of concurrent military service, employment records, education records, or voter certification. Proof of residency for Reserve or Illinois National Guard personnel on active duty for training will consist of the Military Casualty Report, enlistment or re-enlistment contract, employment records, education records, or voter certification.

b) The deceased person was on full-time active duty for training as a member of the Reserves or Illinois National Guard at the time of death. Proof of active duty for training will consist of a copy of the orders issued by an authorized headquarters ordering the member to such duty. For personnel on active duty with the armed forces of the United States at the time of death, the status of active duty service is recognized and no documentation is required.

c) The deceased person's death was service connected as a result of hostile action with unfriendly forces. Documents acceptable to establish service connected death under this Act will consist of a Military Casualty Report, a statement from the Department of Army, Navy, Air Force, Marines or Cost Guard, or a United States Veterans Administration statement.

d) The widow or widower making application must prove the death of the person rendering military service (subsection (c)), and marriage of the beneficiary to the deceased person at the time of death.

e) The child or children making application must prove the death of the person rendering military service (subsection (c)), marriage of the deceased and other parent of the child or children, and that the legal widow or widower is now deceased or was divorced (certified copy of death or divorce certificate).

f) The mother, father making application must prove the death of the person rendering military service (subsection (c)), that the deceased person was unmarried, or if married that the legal widow or widower is now deceased or was divorced, if there were children that all are dead or that the children are minors in their custody (death certificate or court order), if the father is the applicant that the mother is dead, and that the deceased person was the son or daughter of the applicant (birth certificate).

g) The person standing in loco-parentis making application must prove that he or she stood in relation of parent toward the deceased person rendering military service and comply with (subsection (f)).

h) The brother or sister making application must prove by submission of documentation identified in this Section that no widow or widower, child or children, mother, father, or person standing in loco-parentis has entitlement to claim the compensation, and that the relationship of brother or sister existed between the applicant and the deceased person rendering service (birth certificate of applicant and deceased person).

Ill. Admin. Code tit. 95, § 120.20