Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 120 - SURVIVORS COMPENSATION ACT PROGRAM › Section 120.20 - Determination of Entitlement

Current through Register Vol. 48, No. 28, July 12, 2024
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).