IN RE: APPLICATION OF: THANIA MICHELL SAYNE. (2012)

OPINION

This matter concerns the consolidation of two claims under the Line of Duty Compensation Act, (820 ILCS 315/1 et seq.), (“Act”), involving the death of Sergeant Timothy Douglas Sayne. Both claims were filed on November 15, 2011. The first Claimant is Thania Michell Sayne who is the widow of Sgt. Sayne. The second Claimant is Mary K. Sayne who is the mother of Sgt. Sayne. On December 20, 2011 the Attorney General's Office issued a Consolidated Report and Recommendation finding that all elements for a compensable claim under the Act had been met except for the requirement that Sgt. Sayne be a resident of the State of Illinois at the time of his death as required by 820 ILCS 315/2(1). The Court issued a Consolidated Opinion on January 9, 2012. The Consolidated Opinion held consistent with the Attorney General's Office's Consolidated Report and Recommendation and found that all elements under the Act had been satisfied except for the issue of residency. The Court ordered that a hearing be conducted to ascertain the residency of Sgt. Sayne. On March 13, 2012 Commissioner Ysursa held a hearing on the matter. Assistant Attorney General Julie Morgan was present for the State and Claimants appeared pro se.

I. Background

Mary Sayne, Sgt. Sayne's mother, testified as to Sgt. Sayne's residence prior to entering military service. She stated that Sgt. Sayne lived in Effingham, Illinois with her. She stated that Sgt. Sayne grew up in Illinois. She testified that Sgt. Sayne considered joining the military while living in Effingham and met with a military recruiter but he never entered military service while living in Effingham. She testified that Sgt. Sayne moved to Reno, Nevada due to work in 2007. She stated that he was living and working in Reno, Nevada for approximately a year when he enlisted in the military in February 2008.

Thania Sayne, Sgt. Sayne's widow, testified that she and Sgt. Sayne were married in October 2009 in Reno, Nevada. She stated that she is originally from the Reno, Nevada area and met Sgt. Sayne in 2007. She stated that after they were married they moved to Fort Wainwright, Alaska where Sgt. Sayne was stationed. She testified that Sgt. Sayne was then sent to Afghanistan where he lost his life. She testified that the intention of her and Sgt. Sayne was to live in Effingham, Illinois after his service in the military ended.

Claimant presented a packet of information to prove Sgt. Sayne's residence in Illinois which was marked as Group Exhibit A and admitted into evidence. Group Exhibit A contains numerous documents of varying probative value with two documents being most relevant to residency. First is a Deployment Cycle Checklist from 2008 wherein the address of Sgt. Sayne was listed as Effingham, Illinois. Second is a letter dated November 19, 2010, wherein the Secretary of State's Illinois Drivers Services responded to Sgt. Sayne's inquiry about maintaining his driver's license with the State of Illinois. In addition to these documents, both Claimants testified that Sgt. Sayne's vehicle always maintained Illinois license plates. Other relevant evidence contained in Group Exhibit A was the fact that Sgt. Sayne applied for a Nevada Identification but he did not seek a Nevada driver's license.

II. Analysis

In order to be eligible for benefits under the Act a claimant bears the burden of proof by a preponderance of the evidence of each element required under the Act. In Re Application of Pappalardo, 37 Ill.Ct.Cl. 331 (1985). In this case, the Attorney General's Office has determined that all elements required under the Act have been met except for the element of the residency. Pursuant to §315/2(1) of the Act, in order to be eligible for benefits under the Act, a claimant must prove that the decedent was an Illinois resident at the time of his/her death. See in Re Application of Shaw, Case No. 10-CC-2817 (2010).

This Court recently addressed the residency requirement under the Act in the case of In Re Application of Shaw, Case No. 10-CC-2817(2010). In the Shaw case the decedent was born in Mississippi; moved to Chicago when he was two years old to live with his grandmother; went to college in Houston, Texas during which his grandmother died; and moved his belongings into his uncle's home in Illinois. SFC Shaw never moved back to Illinois after college as he enlisted in the military. Just as in this case, the decedent married and lived with his wife on military bases. In Shaw, the decedent maintained an Illinois driver's license and maintained his voter registration in Illinois. The Court noted that the Act does not define “residency”. The Court reasoned that “residence” and “domicile” are generally synonymous and analyzed other jurisdictions' interpretations of the domicile of military personnel. The Court issued three important determinations. First, an adult neither acquires new domicile nor abandons previous domicile by entering the military. Second, a person in the military retains the residency of the State from which he was inducted until he either abandons the previous residence or establishes a new residence. Third, there is a rebuttal presumption that a person in the military retains residence in the state from which he was inducted. See In Re Application of Shaw, Case No. 10-CC-2817 (2010).

In this case, the residence of Sgt. Sayne at the time of his induction, much less the time of his death, is subject to argument. In the five (5) years prior to his death, Sgt. Sayne lived in three different states while at the same time serving two tours of duty in the Middle East. Prior to 2007 he lived in Effingham, Illinois. In 2007 he moved to Reno, Nevada due to his work. In 2008 he enlisted in the military and his first duty station was in Fort Wainwright, Alaska. Due to the fact that Sgt. Sayne lived in Nevada at the time of his enlistment, one can argue that the Shaw presumption is that he was a Nevada resident. However, the evidence and testimony presented demonstrate that he never abandoned his Illinois residence when moving to Nevada nor did he ever establish residency in Nevada. Specifically, Sgt. Sayne did not move out of Illinois because he wanted to live elsewhere; rather his move was precipitated by the need to maintain his job. Sgt. Sayne did not obtain a Nevada driver's license and did not register to vote in Nevada. Sgt. Sayne ultimately left Nevada to join the military with no apparent intention of returning there to live permanently. The only document presented into evidence as part Group Exhibit A that evidences what Sgt. Sayne considered to be his residency at the time of enlistment is a Deployment Cycle Checklist from 2008 which lists Sgt. Sayne's home address as being in Effingham, Illinois. Based upon this evidence the Court determines that Sgt. Sayne's residency at the time of induction into the military was Illinois.

While residency at the time of induction creates a presumption of residency, this presumption is rebuttal so the Court must examine the evidence of Sgt. Sayne's residency and domicile between the date of induction and the time of his death. As stated previously, the domicile of Sgt. Sayne in the five years prior to his death included Ilinois, Nevada and Alaska. During the time out of the State of Illinois Sgt. Sayne never purchased a home in a different state, never registered to vote in any State, nor did he obtain a driver's license in another state. He maintained his vehicle registration with the State of Illinois and most significantly in November 2010, after living in Nevada, marrying, serving a tour in Iraq and being stationed in Alaska, Sgt. Sayne inquired to the Illinois Secretary of State's Office about maintaining his Illinois driver's license. Couple these facts with his widow's testimony that the two of them planned to live in Effingham, Illinois after his service was complete and the presumption of Illinois residency is maintained.

Taking into consideration all of the evidence and the presumption that a service member does not lose his Illinois residency unless he/she clearly abandons his residency or establishes residency elsewhere, we find Sgt. Sayne was an Illinois resident at the time of his death.

The Attorney General's Office's Consolidated Report and Recommendation indicates that the amount of compensation for this claim is $320,165.72. However, the amount payable under the Line of Duty Compensation Act adjusts on an annual basis and claims paid in 2013 are made in the amount of $329,130.36.

IT IS HEREBY ORDERED:

1. Claimant's application for benefits under the Line of Duty Compensation Act are hereby GRANTED and an award of $296,217.32 (Two Hundred Ninety Six Thousand Two Hundred Seventeen Dollars and Thirty-Two Cents) is made to Thania Michell Sayne and an award of $32,913.04 (Thirty Two Thousand Nine Hundred Thirteen Dollars and Four Cents) is made to Mary K. Sayne.

2. Pursuant to Public Act 096-0539, effective January 1, 2010, this claim is entitled to payment of interest, the amount of which shall be determined by the date the checks for this award are issued by the Illinois Comptroller's Office. The Court will issue a subsequent Order regarding the appropriate interest amount.

SPRAGUE, C.J.