ADMINISTRATION OF DEATH AWARDS (3-8-005 et seq.)

Municipal Code of Chicago tit. 3, ch. 3-8, art. I

in effect

Municipal Code of Chicago § 3-8-005 Definitions.

3-8-005 Definitions. For purposes of this chapter, the following definitions shall apply: "Board of Trustees" means the Board of Trustees of the Policemen's and Firemen's Death Benefit Fund created under Section 3-8-030. "Commissioner of Public Health" means the Commissioner of the Department of Public Health of the City of Chicago or such Commissioner's designee. "Comptroller" means the Comptroller of the City of Chicago or such Comptroller's designee. "Fire Commissioner" means the Commissioner of the Fire Department of the City of Chicago or such Commissioner's designee. "Fireman" shall have the meaning ascribed to the term in Section 6-106 of the Illinois Pension Code (40 ILCS 5/6-106). "Policeman" shall have the meaning ascribed to the term in Section 5-109 of the Illinois Pension Code (40 ILCS 5/5-109). "Superintendent of Police" means the Superintendent of Police of the Department of Police of the City of Chicago or such Superintendent's designee. (Added Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-010 Authorization of fund.

3-8-010 Authorization of fund. Whenever the City Council shall appropriate a sum or sums of money in accordance with the provisions of Sections 22-301, et seq. of the Illinois Pension Code, as amended, for the payment of allowances of money to the family or dependents of any policeman or fireman of the City of Chicago in case they are killed or fatally injured while in the performance of their duties, the same shall be paid and disbursed in accordance with the following provisions. (Prior code § 22-1; Amend Coun. J. 3-31-04, p. 20916, § 4.14; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-020 Amount of fund.

3-8-020 Amount of fund. The policemen's and firemen's death benefit fund shall consist of such amount as shall be appropriated by the city council in accordance with the said act of the general assembly. (Prior code § 22-2)

Municipal Code of Chicago § 3-8-030 Board of trustees.

3-8-030 Board of trustees. A board composed of five members shall constitute the Board of Trustees of the Policemen's and Firemen's Death Benefit Fund, which is authorized to carry out the following provisions, and shall be charged with the duty of administering that fund. The Board of Trustees shall consist of the Chairman of the Committee on Finance, the Superintendent of Police, the Fire Commissioner, the Commissioner of Public Health, and the Comptroller. (Prior code § 22-3; Amend Coun. J. 2-24-21, p. 27657, Art. V, § 3; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-040 Report of injury.

3-8-040 Report of injury. It shall be the duty of the Superintendent of Police in the case of a policeman, and of the Fire Commissioner in the case of a fireman, upon the occurrence of any injury in the performance of duty, to have immediate medical care and hospital treatment given to such injured policeman or fireman, to make or cause to be made a complete and careful investigation of all facts surrounding the occurrence, to obtain the statements of all material witnesses, and to present the said report without delay to the Board of Trustees for consideration and action thereon, including the determination as to whether or not such injury arose from violence or other accidental cause and was received by the deceased policeman or fireman while they were in the performance of their duty. Such report shall show the actual date and hour of the injury, the place of occurrence, the names and addresses of witnesses, and the apparent nature and extent of the injury. (Prior code § 22-4; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-050 Required proof.

3-8-050 Required proof. No such award or payment shall be made pursuant to Section 3-8-040 and this Section unless satisfactory proof shall have been presented to the Board of Trustees that death occurred within one year from the date of injury, that such injury arose from violence or other accidental cause, that such injury was received while in the performance of duty, and that such injury was the direct cause of death. (Prior code § 22-5; Amend Coun. J. 12-7-84, p. 11497; 12-7-88, p. 20549; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-055 Deaths by suicide - Policemen's and firemen's death benefits.

3-8-055 Deaths by suicide - Policemen's and firemen's death benefits. In the event a policeman or fireman dies by suicide, the Superintendent of Police or the Fire Commissioner, as applicable, shall make or cause to be made a complete and careful investigation of all facts surrounding the occurrence, to obtain the statements of all material witnesses, and to present the said report without delay to the Board of Trustees for consideration and action thereon, including the determination as to whether such death was the result of an independent intervening cause or an injury that would be compensable under the Workers' Compensation Act, codified at 820 ILCS 305, regardless of whether such person is covered by the Act, was a causative factor in such death. No such award or payment shall be made pursuant to this Section unless satisfactory proof shall have been presented to the Board of Trustees that an injury that would be compensable under the Workers' Compensation Act was a causative factor to the death by suicide, regardless of whether such person is covered by the Act. Nothing in this Section shall be construed to classify such a death by suicide as a death in the line of duty for purposes of death benefits or honors not established under this chapter of the Code. (Added Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-060 Issuance of voucher.

3-8-060 Issuance of voucher. Upon finding that a death meets the requirements of Section 3-8-050 or Section 3-8-055, the Board of Trustees shall prepare a report of its findings, stating that such death was the result of injury received in the performance of duty or a qualifying death by suicide under Section 3-8-055, as applicable, in all cases where such is the determination of the Board of Trustees, naming the trustee bank and attaching a copy of the agreement made by it with the trustee bank so named; and, upon completion of such report, the Comptroller shall act in lieu of the City Clerk and issue the proper voucher, as contemplated by law, from appropriations made by the City Council. (Prior code § 22-6; Amend Coun. J. 2-24-21, p. 27657, Art. V, § 4; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-070 Deposit of awards.

3-8-070 Deposit of awards. It shall be the duty of the Board of Trustees to see that all allowances of money to the family or dependents of any policeman or fireman killed or fatally injured while in the performance of their duties or a qualifying death by suicide under Section 3-8-055, as applicable, shall be deposited in a duly accredited national or state bank acting as trustee and having its principal office in the City, as trustee of said money for conservation, investment as herein provided, and disbursement for the necessary support of such family or dependents and for the education of the children or dependent minor brothers and sisters of the deceased policeman or fireman. Said disbursement shall be in such amounts and at such times as the said trustee bank may deem to be to the best interests of such beneficiaries. Provided, that the provisions for the naming of any specific trustee bank by the Board of Trustees shall not be construed as affecting the carrying out of the other provisions of this chapter in case it shall be found desirable for any reason to designate another trustee bank. Any trustee bank named pursuant to this chapter may be removed as trustee at any time. (Prior code § 22-7; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-080 Trust agreements.

3-8-080 Trust agreements. The board of trustees shall enter into a trust agreement in each individual award with the trustee bank named by said board of trustees, under such terms and conditions as the said board of trustees shall deem to be for the best interest of the beneficiary or beneficiaries. Said board of trustees shall also fix the compensation to be paid such trustee bank for its services, such compensation to be an annual amount not to exceed one and one half percent per annum on the original allowance of money in each individual award during the first year of said trust agreement, and one percent per annum on the original allowance of money in each individual award for each succeeding year during the existence of said trust agreement. However, in those cases where the total maximum compensation authorized to be paid per annum to the trustee bank or its services with respect to an award or awards established by the board of trustees as the result of the death of any one policeman or fireman amounts to less than $100.00 per annum, the board of trustees may increase the compensation of the trustee bank to $100.00 per annum for administering any and all awards established as a result of the death of any one policeman or fireman. The compensation paid to the trustee bank shall be a charge against the award as distinguished from a disbursement for the benefit of the beneficiary or beneficiaries. The board of trustees may require at any time a report from the trustee bank as to any trust fund created under this chapter in addition to the annual report of such trustee bank to the comptroller. (Prior code § 22-8)

Municipal Code of Chicago § 3-8-090 Successor trustee bank.

3-8-090 Successor trustee bank. Whenever a trustee bank resigns or a successor trustee bank is appointed by the board of trustees, it shall be the duty of said board to require such trustee bank theretofore named to transfer and deliver to the successor trustee bank, all trust funds and trust property of any kind, character or description in its possession belonging to any trust created under this chapter, together with an accounting as to moneys received, securities purchased, investments made, interest earned, moneys disbursed, and to whom, and such other information as may be required by said successor trustee bank. Any trustee bank theretofore named as trustee shall immediately transfer and deliver to the trustee bank last named all such moneys or the securities in which such moneys were invested or other property of any kind, character or description, the avails of such moneys together with a financial statement of each separate trust fund theretofore received by it. (Prior code § 22-9)

Municipal Code of Chicago § 3-8-100 Investments by trustee bank.

3-8-100 Investments by trustee bank. It shall be the duty of the trustee bank from time to time to invest all moneys entrusted to it and actually paid to said trustee bank in full faith and credit bonds of the United States, the State of Illinois, the County of Cook, the sanitary district of Chicago, the City of Chicago, or the board of education of the City of Chicago or in tax anticipation warrants of the county of Cook, the sanitary district of Chicago, the City of Chicago or board of education of Chicago, savings and time deposit certificates of a state bank or a national bank doing business in Illinois, to the extent that such deposits are insured by the United States Government or any agency thereof, with the usual powers of trustees of such funds, and to report annually in writing to the city comptroller of the City of Chicago as to each separate fund or allowance of money, said report to show the name of the beneficiary, the amount received, interest earned, disbursements made, balance on hand, and securities representing the balance. (Prior code § 22-10)

Municipal Code of Chicago § 3-8-110 Payments to minors and incompetents.

3-8-110 Payments to minors and incompetents. Whenever any moneys are payable to a minor whose mother is dead or to a person who is incompetent or has been adjudged insane, the board of trustees shall have the power to waive guardianship or conservatorship proceedings whenever in the judgment of the board it may be advisable to do so. The said board of trustees shall ascertain the name of the person caring for such minor and the name of the parent or relative providing for or caring for such incompetent or insane person, and shall notify in writing the trustee bank to pay such moneys to the person designated by said board of trustees as being the person who is caring for and providing for such minor or for such incompetent or insane person. (Prior code § 22-11)

Municipal Code of Chicago § 3-8-115 Burial expenses.

3-8-115 Burial expenses. Burial expenses of police officers and fire fighters, employed by the City, killed or fatally injured in the performance of their duties shall be paid and dispersed by the chairman of the committee on finance and in an amount not to exceed $8,000. (Added Coun. J. 10-7-98, p. 78109; Amend Coun. J. 4-9-08, p. 23881, § 2; Amend* Coun. J. 1-23-19, p. 93851, § 4) * Editor’s note – Coun. J. 1-23-19, p. 93851, § 4, renumbered former § 3-8-260 as this § 3-8-115.

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2605858Fetched: 10/24/2026