DEBRA SUE HAWK YOUNG, Claimant v. STATE OF ILLINOIS, Respondent
Case summary
The claimant, mother of a Navy petty officer killed in Bahrain during Operation Iraqi Freedom, sought death benefits under the Line of Duty Compensation Act. The court awarded $293,888.83 to the designated beneficiary, Christopher Wayne Young, based on the statutory compensation adjusted for inflation.
Statutes cited: 820 ILCS 315/1; 820 ILCS 315/2(e)(3); 820 ILCS 315/2(l); 820 ILCS 315/3; 820 ILCS 315/3(b); 820 ILCS 315/3(c); 820 ILCS 315/3(d)(2)
Cases cited: In Re Application of Monique D DeWit, 03 CC 4783 (2003)
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- LISA MADIGAN, Attorney General (BRADLEY R. BUCHER, Assistant Attorney General, of counsel) for Respondent
- Line of Duty Compensation Act - Court found mother entitled to death benefit compensation of $293,888.83, pursuant to provisions of Line of Duty Compensation Act where death of daughter, who was a Petty Officer First Class in the United States Navy was caused by a nonhostile, self inflicted incident.
- Line of Duty Compensation Act - Definition - Killed in Line of Duty - Section 2(e)(3) of the Line of Duty Compensation Act defines “killed in the line of duty”, in the case of an Armed Forces member, as “losing one’s life while on active duty in connection with … Operation Iraqi Freedom…”
OPINION
SPRAGUE, J.
This claim is before the Court by reason of the death of Jennifer Ann Valdivia, Petty Officer First Class in the United States Navy. PO Valdivia’s mother, Debra Sue Hawk Young, filed an application pursuant to the terms and provisions of the Line of Duty Compensation Act (820 ILCS 315/1, et seq). The Court has carefully considered the application in support of this claim and the Report of the Attorney General.
On February 15, 2007, a claim was filed by Debra Sue Hawk Young, mother of PO Valdivia, who was killed on January 17, 2007 in Bahrain.
We note that section 2(e)(3) of the Act defines “Killed in the Line of Duty” in the case of an armed force member, as “Losing one’s life while on active duty in connection with the September 11, 2001, terrorist attacks on the United States, Operation Enduring Freedom, or Operation Iraqi Freedom” (820 ILCS 315/2(e)(3)). The Act further defines “armed forces member” as “An Illinois resident who is A member of the Armed forces of the United States, a member of the Illinois National Guard while on active military service pursuant [*360] to the order of the President of the United States, or a member of 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” (820 ILCS 315/2(l)).
Included with the Application is the Report of Casualty, Department of Defense Form 1300. This report indicates that PO Valdivia died during a nonhostile, self inflicted incident in Bahrain. The Report of Casualty indicates that this incident was related to Operation Iraqi Freedom. PO Valdivia had an entry date with the United States Navy of August 20, 1997.
According to the Report of Casualty and other supporting documentation, PO Valdivia was an Illinois resident, residing in Cambridge, Illinois.
The application provides no designation of beneficiary for benefits under the Line of Duty Compensation Act. Attached to the application was PO Valdivia’s Service Member’s Group Life Insurance Election and Certificate, which designates her father, Christopher Wayne Young, as the sole principal beneficiary. Section 3(d)(2) of the Act provides that when no beneficiary is designated or surviving at the death of the Armed Forces member, the compensation shall be paid in entirety according to the designation made on the most recent version of the Armed Forces member’s Servicemembers’ Group Life Insurance Election and Certificate.
We find the foregoing falls within the terms and provisions of the Line of Duty Compensation Act, supra, and the facts reported herein comply with the requirements for an award under the Act.
Section 3(b) of the Act provides that if the Armed forces member is killed in the line of duty after January 1, 2005, the compensation is $259,038.00 as base compensation plus a cumulative adjustment by the yearly Consumer Price Index percentages pursuant to the amended Section 315/3 of the Act.
For an Armed Forces member killed in the line of duty (i) at any time
before January 1, 2005, the compensation is $259,038.00 plus amounts
equal to the increases for 2003 and 2004 determined under subsection
(c ) and (ii) on or after January 1, 2005, the compensation is the amount
determined under item (1) plus the applicable increases for 2005 and
thereafter determined under subsection (c).
In this case, the adjusted death compensation rate for death occurring in 2003, was $262,405.49 In Re Application of Monique D DeWit, 03 CC 4783 (2003). According to the Bureau of Labor Statistics, there has been a 2.4% increase in the 2004 Consumer Price Index, a 2.3% increase in the 2005 Consumer Price Index, a 3.0% increase in the 2006 Consumer Price Index, and a 3.8 percent increase in the Consumer Price Index for all Urban Consumers. This increase results in an increase of 2003 compensation by an additional $31,483.34.
Therefore, applicant is entitled to a death benefit of $262,405.49, plus the additional $31,483.34, for a total award of $293,888.83 (TWO HUNDRED [*361] NINETY THREE THOUSAND EIGHT HUNDRED EIGHTY EIGHT DOLLARS AND EIGHTY-THREE CENTS). IT IS THEREFORE ORDERED that Christopher Wayne Young is awarded $293,888.83 (TWO HUNDRED NINETY THREE THOUSAND EIGHT HUNDRED EIGHTY EIGHT DOLLARS AND EIGHTY-THREE CENTS).