Life Insurance, Death Benefits and Survivor Compensation Legislation
2004 Legislation
February 23, 2005
Enactments are noted in italics
| State: |
Bill Summary: |
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California |
S.B. 1193
Chaptered by secretary of state 9/16/04, Chapter 547
Requires the state to pay a $10,000 death benefit to the surviving spouse of any member of the California National Guard, State Military Reserve, or Naval Militia who dies or is killed after March 1, 2003, in the performance of duty, as determined by the Military Department. Excludes certain death benefits payable to eligible individuals from gross income of those individuals for taxable years beginning on or after January 1, 2005. |
| Florida |
H.B. 597
Died in committee 4/30/04
Provides that each member of the Florida National Guard who is killed, or who dies as the result of injuries incurred, while on state active duty under competent orders qualifies for benefits as a law enforcement officer, and the decedent’s survivors or estate are entitled to death benefits. |
| Illinois |
H.B. 4996
Signed by governor 8/20/04, Public Act 93-0976
Provides that the Department of Military Affairs has the power to make grants from the Illinois Military Family Relief Fund to single persons who are members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States and who have been called to active duty as a result of the September 11, 2001 terrorist attacks. Amends the Survivors Compensation Act. Provides for the payment of $3,000 to the widow or widower, child or children, or other survivors of a deceased veteran of the Global War on Terrorism. Provides that the Illinois Department of Veterans’ Affairs has complete control of the general scheme of payments. |
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S.B. 1641
Signed by governor 1/18/05, Public Act 93-1073
Amends the Line of Duty Compensation Act. In the definition of “killed in the line of duty,” adds losing one’s life while on active duty as an armed forces member in connection with the September 11, 2001, terrorist attacks on the United States. Sets the amount of compensation for armed forces members killed in the line of duty in connection with the September 11, 2001, terrorist attacks on the United States, Operation Enduring Freedom or Operation Iraqi Freedom. Applies to claims made on or after October 18, 2004 with respect to an armed forces member killed in the line of duty. |
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S.B. 1668
Signed by governor 10/18/04, Public Act 93-1047
Amends the Law Enforcement, Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen, Chaplains, and State Employee Compensation Act. Changes the short title of the Act to the Line of Duty Compensation Act (and amends other Acts to change cross-references to the changed short title). Provides that death benefits are payable to an Illinois National Guard or any reserve component of the armed forces of the United States while on active military service pursuant to an order of the President of the United States; and who is killed in the line of duty while on active duty in the Iraq and Arabian Peninsula Combat Zone between January 1, 2003 and the date that all United States armed forces have been redeployed from Iraq. Defines “Iraq and Arabian Peninsula Combat Zone.” Redefines “killed in the line of duty” with regard to armed forces members so it applies to those who have lost their lives while on active duty in connection with Operation Enduring Freedom or Operation Iraqi Freedom. Provides that, in the case of an armed forces member who was killed before the effective date of the amendatory Act while on active duty in connection with Operation Enduring Freedom or Operation Iraqi Freedom, a claim for compensation must be made within one year of the effective date of the amendatory Act. |
| Iowa |
S.F. 246
Exempts from state individual income tax death benefits received as a result of the death of a member of the United States armed forces which occurred in or as a result of a terroristic or military action. |
| New Jersey |
A.B. 2416
S.B. 843
Directs the adjutant general of the Department of Military and Veterans' Affairs to provide a $100,000 military death benefit payable to the surviving spouse or children of an active member of any branch of the armed forces of the United States, a reserve component of the armed forces, or the New Jersey National Guard or naval militia who was a citizen of this state at the time of death and who is killed through enemy action, or accident, or resulting from disease or illness contracted while on federal active duty. |
| New York |
A.B. 10156
S.B. 7425
Relates to providing a death gratuity for survivors of certain members of the armed forces of the United States who die on active duty; prescribes who shall be eligible as a survivor; provides death gratuity in the amount of $1,000,000. |
| |
S.B. 3761
Establishes $3,000 survivor’s benefit payable upon the death of any member of organized militia while in the course of performing active duty in the military service of the state. |
| Ohio |
H.B. 426
Signed by governor 2/15/05
Prohibits a retail seller in a retail installment contract from charging or collecting more than a six percent annual percentage rate on contracts with retail buyers who are deployed on active duty; permits a child whose parent is deployed on active duty to continue to attend school in the district in which the child's parent lived before being called to active military duty; permits a child living with an agent of the child's parent appointed under a military power of attorney or a comparable document to attend school in the school district in which the agent resides; exempts members of the armed forces of the United States from any recording fee associated with filing a military power of attorney with the county recorder; provides under certain circumstances a tenant or resident who is deployed on active duty or a member of his or her immediate family with a stay of proceedings or an adjustment of their rental obligation in an action for possession of residential premises under the Eviction Law; ensures that individual life insurance policies continue in force despite nonpayment of premiums during the insured's period of active duty; prohibits a gas or electric company from disconnecting service to the residential premises of any consumer who is deployed on active duty; allows gas and electric companies to recover arrearages incurred during a period of deployment in a specified time period and a specified manner and certain of those companies to recover certain uncollectible amounts owed by residential customers deployed on active duty through a recovery procedure approved by the Public Utilities Commission; requires public and private institutions of higher education to grant a military leave of absence to students who are deployed on active duty, to reinstate those students to the same educational status as before active duty, and to either partially refund paid tuition or credit paid tuition to a future academic term; permits a person deployed on active duty to terminate a motor vehicle lease or cellular phone contract under specified conditions; and requires the Department of Administrative Services to make available bulk long distance telephone services at cost to the immediate family members of persons deployed on active duty. |
| Pennsylvania |
H.B. 2285
Provides for the payment of death benefits to the surviving spouse or children or parents of firefighters, ambulance service or rescue squad members, law enforcement officers or National Guard members killed in the performance of their duties," further providing for death benefit eligibility and for definitions. |
| Wisconsin |
A.B. 807
Failed to concur in pursuant to Senate Joint Resolution 1 3/31/04
Adopts, for state income and franchise tax purposes, changes to the Internal Revenue Code made by Public Law 108-121, the Military Family Tax Relief Act of 2003. Public Law 108-121 provides, in part, for an increase in the death gratuity that is payable to the family of a deceased member of the armed forces and excludes the amount of the death gratuity from the calculation of gross income. Creates an individual income tax exemption for pay received from the federal government by a member of a reserve component of the armed forces who is called to active federal service or special state service. The exemption applies to any amounts of military pay that are paid to the person and that relate to the period of time during which the person is on active duty. |
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S.B. 421
Failed to pass pursuant to Senate Joint Resolution 1 3/31/04
Adopts, for state income and franchise tax purposes, changes to the Internal Revenue Code made by Public Law 108-121, the Military Family Tax Relief Act of 2003. Public Law 108-121 provides, in part, for an increase in the death gratuity that is payable to the family of a deceased member of the armed forces and excludes the amount of the death gratuity from the calculation of gross income. |
| Wyoming |
H.B. 203
Provides for compensation to surviving spouses and dependent children of Wyoming residents who died while on active military duty. |
 Military Legislative Issues Web Page
NCSL Staff Contact: Heather Morton, 303-364-7700, Denver
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