reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 2520 - STATE TOLL HIGHWAY RULES › Subpart F - TOLL VIOLATIONS - ADMINISTRATIVE ADJUDICATION SYSTEM › Section 2520.750 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority shall assess the registered owner of any
				  vehicle driven through a toll plaza without the payment of the proper toll the
				  following penalties:
a) Upon a finding
				of liability, the registered owner of the vehicle shall be liable for the
				outstanding toll, a $10 fine for each toll violation occurring on the
				Elgin-O'Hare Tollway and a $20 fine for each violation occurring on the
				remainder of the Tollway, and all applicable fees.
b) Additional Fine
1) Upon the failure of the registered owner
				to pay the toll, fine and/or fee to the Authority within 30 days after notice
				of a final order of liability, the Authority shall assess the registered owner
				an additional fine of $25 for violations occurring on the Elgin-O'Hare Tollway
				and $50 for violations occurring on the remainder of the Tollway. This
				additional fine shall apply to each violation without further notice or
				order.
2) Pilot Program
Notwithstanding the requirement of subsection (a), the
				  Authority Board may establish by Resolution a temporary program under which the
				  $50 additional fine for any or all classes of vehicles is suspended for the
				  time period specified in the Resolution. After that period, the Board will
				  determine whether the additional fine policy will be discontinued, modified or
				  continued and this Section will be amended to reflect that decision.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 2520 - STATE TOLL HIGHWAY RULES › Subpart F - TOLL VIOLATIONS - ADMINISTRATIVE ADJUDICATION SYSTEM › Section 2520.755 - Liability of Lessor

Current through Register Vol. 48, No. 28, July 12, 2024
No commercial entity that is the lessor of a vehicle pursuant
				  to a written lease agreement shall be liable for the violation involving that
				  vehicle during the period of the lease if the lessor provides a copy of the
				  leasing agreement to the Authority within 21 days after the issue date of the
				  Notice of Violation. The lease agreement must inform the lessee that the lessee
				  is liable for payment of all tolls, as well as all fines and fees incurred in
				  connection with non-payment of tolls. The copy of the leasing agreement must
				  contain the name, address and driver's license number of the lessee; vehicle
				  check-out and return dates and times; license plate number; and the vehicle
				  make and model. "Lessor", for purposes of this Section, includes commercial
				  leasing and rental entities, but does not include public passenger vehicle
				  operators.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 2520 - STATE TOLL HIGHWAY RULES › Subpart F - TOLL VIOLATIONS - ADMINISTRATIVE ADJUDICATION SYSTEM › Section 2520.760 - Liability of Registered Owner

Current through Register Vol. 48, No. 28, July 12, 2024
In cases in which the operator of the vehicle is not the
				  registered vehicle owner, the establishment of ownership of the vehicle creates
				  a rebuttable presumption that the vehicle was being operated by an agent of the
				  registered vehicle owner. If the registered vehicle owner liable for a
				  violation under this Section was not the operator of the vehicle at the time of
				  the violation, the owner may maintain an action for indemnification against the
				  operator in the circuit court. [605 ILCS 10 (a-5)]
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 2520 - STATE TOLL HIGHWAY RULES › Subpart F - TOLL VIOLATIONS - ADMINISTRATIVE ADJUDICATION SYSTEM › Section 2520.765 - Enforcement of Final Order

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority may exercise any of its remedies listed under
				  Section
				  2520.750,
				  Section 10(a-5) of the Toll Highway Act and other remedies provided by law.
				  Those remedies will be cumulative and the exercise of any remedy does not
				  preclude the use of any other remedy by the Authority. Any outstanding toll,
				  fine, additional late payment fine, other sanction, or costs imposed, or part
				  of any fine, other sanction, or costs imposed, remaining unpaid after the
				  exhaustion of, or the failure to exhaust, judicial review procedures under the
				  Administrative Review Law are a debt due and owing the Authority and may be
				  collected in accordance with applicable law. After expiration of the period in
				  which judicial review under the Administrative Review Law may be sought, unless
				  stayed by a court of competent jurisdiction, a final order of the Authority may
				  be enforced in the same manner as a judgment entered by a court of competent
				  jurisdiction. The Authority may, with the approval of the Attorney General,
				  retain a law firm or law firms with expertise in the collection of government
				  fines and debts for the purpose of collecting fines, costs, and other monies
				  due. [605
				  ILCS 10/10 (a-5)]
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 2520 - STATE TOLL HIGHWAY RULES › Subpart F - TOLL VIOLATIONS - ADMINISTRATIVE ADJUDICATION SYSTEM › Section 2520.770 - Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
Judicial review of all final orders of the Authority shall be
				  conducted in the Circuit Court of the county in which the administrative
				  decision was rendered in accordance with the Administrative Review
				  Law.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 2520 - STATE TOLL HIGHWAY RULES › Subpart G - EMPLOYMENT › Section 2520.800 - Tollway Employees

Current through Register Vol. 48, No. 28, July 12, 2024
Employees of the Authority are not subject to the Illinois
				  Civil Service Rules (80 Ill. Adm. Code 1). Except for those employees covered
				  by a collective bargaining agreement that provides otherwise, Authority
				  employees are "at will" employees.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 101 - EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED OR DISABLED VETERANS › Section 101.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following are definitions of terms used in this
				Part:
Act - The Children of Deceased Veterans Act [330 ILCS 105
				].
Child or Children - As established by evidence satisfactory to
				the Department, a:
biological child of the veteran;
legally adopted child of the veteran;
stepchild who is a member of the veteran's household; or
child of a partner in a civil union, established pursuant to
				the Illinois Religious Freedom Protection and Civil Union Act [750 ILCS 75 ],
				with the veteran at the time of application for benefits under this
				Part.
Department - The Illinois Department of Veterans'
				Affairs.
Eligible Service - Service in the U.S. Armed Forces that
				resulted in a service-connected disability or death during the following
				periods:
World War I between April 6, 1917 and July 2, 1921;
World War II between December 7, 1941 and December 31, 1946,
				including the induction period of September 16, 1940 through December 6,
				1941;
Korean Conflict between June 27, 1950 and January 31, 1955,
				including the induction period of January 1, 1947 through June 26, 1950;
The induction period between February 1, 1955 and the day
				before the first day on which individuals (other that individuals liable for
				induction by reason of prior deferment) were no longer liable for induction for
				training and service under the Universal Military Training and Service Act;
				and
Vietnam Conflict between January 1, 1961 and May 7,
				1975.
Resident - With respect to an applicant for benefits under this
				Part, residency in the State of Illinois for at least 12 months immediately
				preceding application.
Veteran - Any person who was engaged in eligible service in the
				Armed Forces and who was:
discharged from service under conditions other than
				dishonorable;
died in service in the line of duty;
died as the result of a service-connected disability; or
has a permanent total service-connected
				disability.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 101 - EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED OR DISABLED VETERANS › Section 101.20 - Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Eligibility
Children eligible for benefits under the Act and this Part must
				be:
1) between ages 10 and 17,
			 inclusively, except that a child age 18 may receive benefits during the period
			 necessary to complete high school. However, in no event will benefits be
			 provided beyond the 19th birthday;
2) a resident of the State of
			 Illinois;
3) attending, or will
			 attend, an Illinois public or private elementary school, high school,
			 proprietary school, business college, educational institution or vocational
			 school that provides courses of instruction in subjects that would enable the
			 students to engage in any useful trade, occupation or profession.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 101 - EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED OR DISABLED VETERANS › Section 101.30 - Determination of Eligible Veteran

Current through Register Vol. 48, No. 28, July 12, 2024
The following criteria will be used to determine whether a
				veteran's service qualifies his or her children for benefits under this
				Part:
a) Death
In applications based on the death of a veteran while in
				eligible service, a determination by the U.S. Department of Defense or the U.S.
				Department of Veterans Affairs (federal agencies) that the death was service
				connected will be sufficient.
b) Disability
1) In applications based on the permanent and
			 total disability of a veteran, a determination by the federal agencies that the
			 disability was service connected will be sufficient.
2) A veteran will be considerable eligible
			 when he or she has not received disability compensation because he or she
			 received retirement pay or other benefits from a federal agency.
3) A service-connected disability rated at
			 100% by the U.S. Department of Veterans Affairs and continuing for 2
			 consecutive years will be considered permanent for the purpose of this Part,
			 and benefits shall continue to be paid as long as the 100% disability and the
			 child's eligibility continue.
4)
			 The following conditions will be considered as permanent and totally disabling
			 without further consideration:
A) Permanent
			 loss of, or the loss of use of:
i) both feet,
			 both hands or both eyes;
ii) one
			 hand and one foot
iii) one foot and
			 one eye;
iv) one hand and one eye;
			 or
B) Total loss of
			 hearing in both ears; or
C) Organic
			 loss of speech.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 101 - EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED OR DISABLED VETERANS › Section 101.40 - Forms

Current through Register Vol. 48, No. 28, July 12, 2024
The following forms shall be used for applying for benefits
				under this Part and to validate school attendance and costs:
a) Department of Veterans' Affairs Form ED I
			 - Application for Veterans' Children Educational Opportunities.
b) Department of Veterans' Affairs Form ED II
			 - Certificate of Attendance and Statement of Expenditures for the Veterans'
			 Children Educational Opportunities.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 102 - RULES GOVERNING PAYMENT FOR CARTAGE AND ERECTION OF HEADSTONE, MARKER, OR MEMORIAL MARKER › Section 102.5 - General Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following general rules have been adopted by the Department
				of Veterans' Affairs to govern the payment for cartage and erection of
				headstone, marker or memorial marker furnished free of cost by the Federal
				Government, in compliance with the provisions of:
"An Act relating to the registration, location and reporting of
				burial places and memorial markers of United States War Veterans and providing
				for transportation of remains of veterans and erection of headstones or
				memorial markers" approved July 8, 1935 as amended. (Ill. Rev. Stat. 1985, ch.
				21, par. 59a et seq.)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 102 - RULES GOVERNING PAYMENT FOR CARTAGE AND ERECTION OF HEADSTONE, MARKER, OR MEMORIAL MARKER › Section 102.10 - State Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The State of Illinois will pay cartage and erection fees not to
				exceed $100 per headstone, marker or memorial marker, after the headstone
				marker or memorial marker has been received and erected. All applications for
				payment shall be on forms provided by the Department of Veterans' Affairs
				within the fiscal year (July 1 - June 30) of date marker erected. The form must
				contain the following information: name of veteran; serial number; date of
				birth; date of death; enlistment and discharge dates; branch of service and
				rank; cemetery (name, address, county); grave number (lot, block, section);
				nearest relative and the relative's address; designation of type of headstone;
				claimant's name, address, and social security number or FEIN. Failure to
				provide this information will prevent the payment for cartage and
				erection.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 102 - RULES GOVERNING PAYMENT FOR CARTAGE AND ERECTION OF HEADSTONE, MARKER, OR MEMORIAL MARKER › Section 102.20 - Limitation in Approval of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
Approval of cartage and erection fees will be made only for
				headstones, markers or memorial markers furnished free of cost by the Federal
				Government for United States War Veterans and erected within the geographical
				boundaries of Illinois. In cases where the United States Government has issued
				a replacement marker and acknowledged in writing its responsibility for the
				error in the original marker inscription, the Department of Veterans' Affairs
				shall pay $100 for the setting of a second marker if the first marker was
				erected before the error was discovered. In no event will the Department pay
				for a second marker setting if the inscription error was made by any person,
				organization or agency other than the United States Government, and no more
				than two $100 cartage and erection fees will be paid for a headstone, marker or
				memorial marker for a veteran.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 102 - RULES GOVERNING PAYMENT FOR CARTAGE AND ERECTION OF HEADSTONE, MARKER, OR MEMORIAL MARKER › Section 102.30 - Limitations of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
The State of Illinois will pay only for headstone, marker or
				memorial marker erection.
The State of Illinois shall pay the $100 fee to the next-of-kin
				(nearest of kindred) or cemetery official upon receipt in the War Graves
				Section of the Department of Veterans' Affairs of a completed and signed
				application from the person responsible for incurring or paying the costs
				associated with transporting and erecting a government marker. The next-of-kin
				(nearest of kindered) must provide a copy of the paid receipt to the Department
				of Veterans' Affairs showing they have paid the cemetery or monument company
				official responsible for setting the government marker.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.5 - General Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The following general rules have been adopted by the Illinois
				Department of Veterans' Affairs for determining the question of whether an
				applicant was a resident of Illinois at the time he entered service, in
				compliance with the provisions of the Disabled Veterans Housing Act [330 ILCS
				65 ].
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.10 - Residency Defined

Current through Register Vol. 48, No. 28, July 12, 2024
Residency as defined by the Illinois Supreme Court shall govern
				this Act as follows: "Residence ordinarily means that a person has his home in
				a particular place. This involves the question of intent with which he is
				staying in that place. If a person goes to a place with the intention of
				remaining for a limited time, although in point of fact he may remain for a
				year or more, still does not constitute him a resident. It is his intent
				accompanied by his acts, and not the lapse of time, which determines whether he
				is a resident of the particular place. The word "resident" is in common usage
				and is generally understood to mean one having more than mere physical
				presence."
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.20 - Further Proof of Residence

Current through Register Vol. 48, No. 28, July 12, 2024
When records of the former Service Recognition Board reveal
				that the applicant applied for and received the Illinois Bonus, or when the
				report of separation shows the applicant gave his residence as Illinois at the
				time of entering service, the Department need not require any further proof of
				residence.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.30 - Statement of Failure to Apply for Bonus

Current through Register Vol. 48, No. 28, July 12, 2024
Where an applicant, who was otherwise eligible to the World War
				II Illinois Bonus, failed to make application for such Bonus, it will be
				necessary that he make a sworn statement explaining why he failed to do so.
				Such affidavit must also state whether or not he has applied and received a
				World War II Bonus from any other state.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.40 - Considered Residency

Current through Register Vol. 48, No. 28, July 12, 2024
A resident of the State of Illinois who has temporarily moved
				to another state, registered with the Draft Board of that state, returned to
				Illinois, and was called into service by the Draft Board of the state in which
				he registered, shall be considered for the purpose of this Act, a resident of
				Illinois. Likewise, a long-time resident of Illinois who moved from the state
				and was established elsewhere while awaiting induction is considered a resident
				of Illinois.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.80 - Residence at the Time of Entering Service

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois residency, for purpose of this Act shall mean an
				Illinois resident at the time of entering the service period within which the
				service-connected disability was incurred.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.100 - Documents Proving Residency to be Considered by the Appeals Board

Current through Register Vol. 48, No. 28, July 12, 2024
The Appeals Board shall give consideration to one or more of
				the following documentations to prove residency:
a) If of voting age, place where applicant
			 voted immediately prior to entering active service.
b) If married, address of applicant's spouse
			 at time of entering service. If single, address of parents or guardian of
			 applicant at the time of entering active service.
c) Place of employment at the time of
			 entering active service.
d) If
			 applicant was an active member of the Illinois National Guard immediately prior
			 to entering service.
e) Two (2)
			 notarized documents submitted to the Department to establish Illinois residence
			 of applicant at the time of entering active service.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.110 - Application of the Housing Grants

Current through Register Vol. 48, No. 28, July 12, 2024
In order to carry out the intent and purpose of this Act, it is
				necessary that the Department of Veterans' Affairs be satisfied that the
				specially adapted housing grant or the special adaptation housing grant will be
				applied in their entirety to the housing unit.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.120 - Applications in Duplicate

Current through Register Vol. 48, No. 28, July 12, 2024
Application for these grants as prescribed in Ill. Rev. Stat.
				1985, ch. 1261/2, par. 58 et seq., must be made in duplicate on Department of
				Veterans' Affairs Form #1 and must be forwarded to the Veterans Administration
				Regional Office in Chicago, in order that authentic copies of all necessary
				documents and other materials, available to the Veterans Administration under
				Chapter 21 of Title 38, United States Code, as amended ( 38 U.S.C. 801 et
				seq.), may officially become a part of this application.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.130 - Determination of Requirements for Residency

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of an application, in duplicate, along with
				authentic copies from the Veterans Administration, the Department of Veterans'
				Affairs will, upon the basis of evidence to be secured from the records of the
				former Service Recognition Board or from the applicant, determine whether
				residency requirements have been met.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.140 - Certification of Residency

Current through Register Vol. 48, No. 28, July 12, 2024
After it has been established that Illinois residency
				requirements have been met, a certification will be sent the applicant, with a
				copy to the lender, informing the applicant of his or her entitlement to an
				Illinois grant. This certification will represent official notice and may be
				considered by the lender as conclusive proof that the applicant has been
				declared eligible for a housing grant.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.150 - Form of Assistance Granted

Current through Register Vol. 48, No. 28, July 12, 2024
The law requires that the assistance granted shall be in the
				form of a single lump sum payment to the veteran. For the specially adapted
				housing grant the payment shall not exceed the sum of $15,000; for the special
				adaptation housing grant the payment shall not exceed the sum of $3,000.
				Therefore, payment will be made to the veteran immediately upon receipt of a
				certification from the U.S. Department of Veterans Affairs that final
				disbursement has been made under
				38 USC
				2102, as amended.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 103 - THE SPECIALLY ADAPTED HOUSING GRANTS › Section 103.160 - Certification that Grant Has Been Applied

Current through Register Vol. 48, No. 28, July 12, 2024
The check will be mailed to the veteran, c/o the lender or
				mortgagee. Following the application of the grant to the unpaid balance of the
				housing indebtedness, the lender, or mortgagee will provide the Department of
				Veterans' Affairs with a certification that the grant has been applied in its
				entirety, to such unpaid balance.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 104 - VIET NAM VETERANS COMPENSATION › Section 104.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following are definitions of terms used in this
				Part:
Act - The Viet Nam Veterans Compensation Act [330 ILCS 30
				].
Active Service - Military service performed under 32 USC or 10
				USC, excluding time lost for Absent Without Leave or Absent on Leave.
Brothers and Sisters - Two or more individuals having one or
				both parents in common, the common parent being the deceased veteran.
Child or Children - All biological children, legally adopted
				children, stepchildren who were members of the household of a deceased veteran,
				and children of a partner in a civil union established pursuant to the Illinois
				Religious Freedom Protection and Civil Union Act [750 ILCS 75 ] with the
				veteran at the time of death.
Eligible Applicant - A person who meets the requirements of
				Section
				104.30 or
				104.40
				and applies for compensation from the State under this Part.
In Loco Parentis - The legal doctrine under which an individual
				assumes parental rights, duties and obligations without going through the
				formalities of legal adoption; in no case shall it be a corporation or
				trust.
Mentally Incompetent - A finding of mental incompetency by a
				court of competent jurisdiction of any state or the District of Columbia or by
				an adjudication officer of the U.S. Department of Veterans Affairs.
Service-Connected Deaths - A death incurred in the line of
				duty, as determined by the arm of service (see Section 3 of the Act).
Veteran - A veteran of the Viet Nam Campaign eligible for
				compensation under the Act and this Part.
Viet Nam Area - The area within North and South Viet Nam, Viet
				Nam waters, the air over North and South Viet Nam and the air over Viet Nam
				waters.
Viet Nam Service Medal - The award shown under "Decorations,
				Medals, Etc." on an individual's DD214 or other discharge documentation
				indicating service during the Viet Nam Campaign.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 104 - VIET NAM VETERANS COMPENSATION › Section 104.20 - Responsibilities of the Department

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Veterans' Affairs has the
				responsibility:
a) to adopt general
			 rules for making payments under this Part;
b) to ascertain the amount to which eligible
			 persons are entitled;
c) to
			 ascertain and select the proper beneficiaries and the amount to which those
			 beneficiaries are entitled; and
d)
			 to the best of its ability, to disburse the funds in accordance with the
			 authority vested under the Act.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 104 - VIET NAM VETERANS COMPENSATION › Section 104.30 - Compensation Payments to Veterans or Servicepersons

Current through Register Vol. 48, No. 28, July 12, 2024
a) Veteran or Serviceperson Eligible to Apply
			 for Compensation Under the Act
1) Eligible
			 Applicants
A) The applicant must still be in
			 active service, be honorably separated or discharged from the service, be
			 furloughed to the reserves, or be retired.
B) Every person meeting the residency
			 requirements of subsection (a)(3) and who served on active duty with the Armed
			 Forces of the United States between January 1, 1961 and March 28, 1973,
			 inclusively, (see 32 CFR
			 578.26 ) and received the Viet Nam Service
			 Medal is eligible for compensation under the Act.
C) Those who served full-time duty as a
			 commissioned officer in the U.S. Public Health Service assigned to units of the
			 Armed Forces are eligible for compensation upon documentation of
			 service.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 104 - VIET NAM VETERANS COMPENSATION › Section 104.40 - Compensation Payments to Survivors

Current through Register Vol. 48, No. 28, July 12, 2024
a) Survivor Compensation
Payment of $1,000 will be made to the widow or widower, child
				or children, mother and/or father, person standing in loco parentis, or
				brothers and/or sisters, in the order named, of any deceased person with a
				service-connected death who would be entitled to compensation under Section 2
				of the Act, if still living.
b) Proof of Death of Eligible Veteran
1) Proof of Death While in Service
A copy of the letter from the Armed Forces to the next of kin
				announcing the death must be submitted with an application for compensation
				under the Act.
2) Death
			 Resulting from Service-Related Disability
A)
			 If the death resulted from a Viet Nam Campaign service-connected disability, a
			 copy of the death certificate must be furnished. The death of the veteran will
			 be considered as having been due to a service-connected disability when the
			 evidence establishes that the disability was either the principal or
			 contributory cause of death.
B)
			 Evidence of contributory causes must be supported by:
i) Statements from the U.S. Department of
			 Veterans Affairs that the contributory causes have been established to the
			 satisfaction of the VA and dependency compensation awarded;
ii) Statements from physicians who have been
			 aware of the nature and degree of the veteran's service-connected disabilities;
			 or
iii) Statements from other
			 persons who possess knowledge of the disability and the contributory
			 causes.
C) Non-eligible
			 Disabilities
Other service-connected disabilities will not entitle the
				person to compensation.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 104 - VIET NAM VETERANS COMPENSATION › Section 104.50 - Assignment of Right to Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
a) No right or claim to compensation under
			 the Act shall be assigned and no payment shall be made to any person other than
			 the approved applicant, except as provided in this Section.
b) In the event compensation is payable to a
			 person who is eligible but mentally incompetent, the compensation shall be paid
			 to the guardian, committee, curator or conservator assigned under the laws of
			 the state of residence of the approved applicant, or to a person otherwise
			 legally vested with the care of the approved applicant.
c) If there is no responsible committee,
			 guardian, curator or conservator, payment shall be made to the chief officer of
			 any hospital or institution under VA supervision or control or under control of
			 any state in which the approved applicant receives payment, if the officer is
			 authorized to accept money for the benefit of the approved applicant.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 104 - VIET NAM VETERANS COMPENSATION › Section 104.60 - Disallowed Claims

Current through Register Vol. 48, No. 28, July 12, 2024
All claims disallowed by the Department shall not be reviewed
				except upon application to the Department's Appeal Board. Any claimant whose
				claim has been denied may request a review by the Board and may submit
				additional evidence within 12 months after the claim is
				disallowed.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.10 - General Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The intent and purpose of this Act is to make payment of a
				bonus to every person on active duty with the Armed Forces of the United States
				or Employed by the United States Government on or after January 1, 1961, who
				was taken and held prisoner by hostile forces in Southeast Asia. Such person is
				entitled to receive compensation of $50.00 for each month or portion thereof he
				was held if he had been a resident of the State of Illinois for at least 12
				months immediately preceding his entry into the Armed Forces of the United
				States, or preceding his employment by the United States Government and he is
				still on active service, is honorably separated or discharged from the Armed
				Forces, has been furloughed to a reserve unit or has been retired, or is still
				employed by the United States Government or has resigned or retired from such
				employment as the case may be. This bonus is also payable to survivors or
				beneficiaries of deceased persons who would have been entitled to such payment,
				if living.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.20 - Responsibilities of the Department of Veterans' Affairs

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Veterans' Affairs therefore has these
				responsibilities:
a) To adopt general
			 rules for making such payment.
b)
			 To ascertain amount persons are entitled.
c) To ascertain and select the proper
			 beneficiaries and the amount to which such beneficiaries are
			 entitled.
d) To the best of its
			 ability, disburse the funds in accordance with the authority vested under the
			 Act.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.30 - Application for Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Application for payment of the Viet Nam Prisoner of War
				Compensation must be made to the Department and no payment shall be made under
				this Act except on applications received by the Department of Veterans' Affairs
				before that date.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.40 - Support of Application

Current through Register Vol. 48, No. 28, July 12, 2024
Each application must be supported by a certified true copy or
				notarized photostatic copy of the DD Form 214 or such other document showing
				period of time held prisoner by hostile forces in Southeast Asia, or Armed
				Forces Certificate if still in service, or certified statement from the United
				States Government pertaining to employment. All other supporting evidence must
				be certified true copies or notarized photostatic copies.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.50 - Proof of Being Held Prisoner

Current through Register Vol. 48, No. 28, July 12, 2024
Every person on active duty with the Armed Forces of the United
				States or employed with the United States Government on or after January 1,
				1961, and showing proof of being taken and held prisoner by hostile forces in
				Southeast Asia, is entitled to receive compensation.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.60 - Other Proof of Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
Applicant must also show proof of the following:
a) Residency within the State of Illinois for
			 at least 12 months immediately preceding entry into the Armed Forces or
			 employment by the United States Government.
b) Applicant is still on active services; is
			 honorably separated or discharged from the Armed Forces; has been furloughed to
			 a reserve unit; has retired or is still employed by the United States
			 Government as the case may be.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.70 - Bonus Paid in Addition to Other Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
This bonus is to be paid in addition to any other compensation
				to which the recipient is entitled.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.80 - Honorable Separation

Current through Register Vol. 48, No. 28, July 12, 2024
The DD 214 or Discharge must state "Honorable" or "Under
				Honorable Conditions".
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.90 - Continuation of Service

Current through Register Vol. 48, No. 28, July 12, 2024
If applicant has continued in service and has not received a
				discharge or has not received a document of separation from active duty served
				at any time on or after January 1, 1961, a certification signed by the Adjutant
				or Personnel Officer of the unit in which the applicant is presently serving
				must be furnished.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.100 - Certificate of Continuous Service

Current through Register Vol. 48, No. 28, July 12, 2024
The certificate must state:
a) The name of the applicant.
b) The applicant has served under honorable
			 conditions for all periods of continuous active duty from date of entry into
			 active duty to the present.
c) He
			 was held prisoner of hostile forces in Southeast Asia and give dates held in
			 captivity.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.110 - Illinois Residency

Current through Register Vol. 48, No. 28, July 12, 2024
The serviceman or government employee must have been a resident
				of the State of Illinois at least 12 months immediately preceding such entry
				into service.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.120 - Beneficiary Payments

Current through Register Vol. 48, No. 28, July 12, 2024
The widow or widower, child or children, mother, father, person
				standing in loco parentis, brothers and sisters, in the order named, of any
				deceased person shall be paid the compensation to which the deceased person
				would be entitled under Section 1 of this Act (Ill. Rev. Stat. 1979, ch.
				1261/2, pars. 97.61 et seq.), if living.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.130 - Failure of Preceding Beneficiary to File Claim for Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
Where a preceding beneficiary fails to file a claim for
				compensation after the official notice of death the Department of Veterans'
				Affairs may proceed to process applications from succeeding beneficiaries and
				such beneficiaries may then proceed to qualify upon submission of satisfactory
				proof of eligibility.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.140 - Proof of Death

Current through Register Vol. 48, No. 28, July 12, 2024
The beneficiary making application for payment of compensation
				shall furnish the following proof:
a)
			 Husband or Wife making application must prove:
1) Death of person rendering service
			 (Photostatic or certified copy of official notification of death should be
			 attached).
2) Marriage of the
			 parties, and that such marriage existed at the time of death of person through
			 whom claim is made.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.150 - Assignment of Right to Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
No right or claim to compensation under this Act shall be
				assigned and no payment shall be made to any person other than the approved
				applicant.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.160 - Mentally Incompetent

Current through Register Vol. 48, No. 28, July 12, 2024
In the event the person to whom compensation is payable under
				this Act is mentally incompetent, it shall be paid to the person legally vested
				with the care of such incompetent under the laws of his State of residence. If
				no such person has been so designated for the incompetent, payment shall be
				made to the chief officer of any hospital or institution under the supervision
				or control of any State or of the Veterans Administration of the United States
				in which such incompetent is placed, if such officer is authorized to accept
				monies for the benefit of the incompetent. Any payments so made shall be held
				or used solely for the benefit of the incompetent.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.170 - Definition of Incompetent

Current through Register Vol. 48, No. 28, July 12, 2024
A mentally incompetent person is a person found to be
				incompetent by a court of competent jurisdiction of any State or the District
				of Columbia or by any adjudication officer of the Veterans Administration of
				the United States.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.180 - Payments

Current through Register Vol. 48, No. 28, July 12, 2024
Applications having been found to meet the requirements of
				eligibility payment will be made in the amounts indicated in Section 2 of the
				Act. No payment will be made to persons who have received from another state a
				bonus or compensation of a like nature as is provided in the Act. This bonus is
				in addition to any other compensation.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.190 - Disallowed Claims

Current through Register Vol. 48, No. 28, July 12, 2024
All claims disallowed by the Department of Veterans' Affairs
				shall not hereafter be reviewed except upon application to the Appeal Board of
				the Department of Veterans' Affairs.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 105 - RULES GOVERNING PAYMENT OF THE "VIET NAM PRISONER OF WAR COMPENSATION" › Section 105.200 - Review Request for Disallowed Claims

Current through Register Vol. 48, No. 28, July 12, 2024
Any claimant whose claim has been denied may request a review
				by such panel and submit additional evidence if he so desires within 12 months
				from date of disallowed claim.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 106 - DUTIES OF THE ADMINISTRATORS OF THE ILLINOIS VETERANS HOMES › Section 106.10 - Duties

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to administrative approval, each Administrator of an
				Illinois Veterans Home shall be responsible for the operation of that Home in
				accordance with State and Federal laws and regulations. Each Administrator
				shall provide available program services particular to his (her) Home for care,
				treatment, rehabilitation, and comfort of his (her) residents. Each
				Administrator shall be responsible for the safety and care of the residents and
				for the provision of programs of recreational and social activities to meet the
				special needs of the residents.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 106 - DUTIES OF THE ADMINISTRATORS OF THE ILLINOIS VETERANS HOMES › Section 106.20 - State and Federal Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
The Homes shall comply with the following:
a) State
1)
			 Illinois Nursing Home Care Act [210 ILCS 45 ]
2) Illinois Veterans Home Code (77 Ill. Adm.
			 Code 340)
3) Admission to and
			 Discharge from Illinois Veterans Homes (95 Ill. Adm. Code 107)
4) Payment of Maintenance Charges and Income
			 Management at the Illinois Veterans Homes (95 Ill. Adm. Code 108)
5) Funeral and Burial Procedures for
			 Residents of the Illinois Homes (95 Ill. Adm. Code 109)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 107 - ADMISSION TO AND DISCHARGE FROM ILLINOIS VETERANS HOMES › Section 107.10 - Admission of Veterans

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Administrator may admit to an Illinois Veterans Home any honorably discharged
			 ex-service man or woman, provided the applicant:
1) Has served in the armed forces of the
			 United States at least 1 day between the dates recognized by the United States
			 Department of Veterans Affairs (USDVA) (see
			 38
			 USC 101 et seq. for specific dates), or
			 between any other present or future dates recognized by the USDVA as a war
			 period, or has served in a hostile fire environment and has been awarded a
			 campaign or expeditionary medal signifying his or her service, for purposes of
			 eligibility for domiciliary or nursing home care, or has:
A) served on active duty in the armed forces
			 for one year, for purposes of eligibility for domiciliary care only;
			 or
B) served in the National Guard
			 or Reserve Forces of the United States and completed 20 years of satisfactory
			 service and is otherwise eligible to receive reserve or active duty retirement
			 benefits, for purposes of eligibility for domiciliary care only; and
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 107 - ADMISSION TO AND DISCHARGE FROM ILLINOIS VETERANS HOMES › Section 107.20 - Admission of a Spouse of a Veteran

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Administrator of the Illinois
			 Veterans' Homes at Quincy and Anna may admit the spouse of a veteran who is
			 making application, provided the veteran meets the eligibility requirements and
			 the spouse:
1) Has been married to the veteran
			 for at least five years prior to making application; and
2) Has no adequate means of support and is
			 unable to earn a living.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 107 - ADMISSION TO AND DISCHARGE FROM ILLINOIS VETERANS HOMES › Section 107.30 - Admission of Widow or Widower of a Veteran

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Administrator of the Illinois
			 Veterans' Homes at Quincy and Anna may admit the widow or widower of a veteran
			 provided the veteran's military service meets the eligibility requirements,
			 vacant beds exist, and the widow or widower:
1) Has lived in the State of Illinois for a
			 continuous period of one year immediately before making application;
			 and
2) Has no adequate means of
			 support and is unable to earn a living.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 107 - ADMISSION TO AND DISCHARGE FROM ILLINOIS VETERANS HOMES › Section 107.40 - Admission of an Applicant Discharged or Paroled from a Penal Institution

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrator may admit an applicant who has been
				discharged or paroled from a penal institution provided he meets the
				eligibility requirements set forth above.