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1 | AN ACT in relation to public employee benefits.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 14-119
and 14-121 as follows:
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6 | (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
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7 | Sec. 14-119. Amount of widow's annuity.
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8 | (a) The widow's annuity shall be 50% of the amount of | ||||||||||||||||||||||||||
9 | retirement annuity
payable to the member on the date of death | ||||||||||||||||||||||||||
10 | while on retirement if an
annuitant, or on the date of his | ||||||||||||||||||||||||||
11 | death while in service if an employee,
regardless of his age on | ||||||||||||||||||||||||||
12 | such date, or on the date of withdrawal if death
occurred after | ||||||||||||||||||||||||||
13 | termination of service under the conditions prescribed in
the | ||||||||||||||||||||||||||
14 | preceding Section.
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15 | (b) If an eligible widow, regardless of age, has in her | ||||||||||||||||||||||||||
16 | care any
unmarried child or children of the member under age 18 | ||||||||||||||||||||||||||
17 | (under age 22 if a
full-time student), the widow's
annuity | ||||||||||||||||||||||||||
18 | shall be increased in the amount of 5% of the retirement | ||||||||||||||||||||||||||
19 | annuity
for each such child, but the combined payments for a | ||||||||||||||||||||||||||
20 | widow and
children shall not exceed 66 2/3% of the member's | ||||||||||||||||||||||||||
21 | earned
retirement annuity.
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22 | The amount of retirement annuity from which the widow's
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23 | annuity is derived shall be that earned by the member without | ||||||||||||||||||||||||||
24 | regard to
whether he attained age 60 prior to his withdrawal | ||||||||||||||||||||||||||
25 | under the conditions
stated or prior to his death.
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26 | (c) Adopted children shall be considered as children of the | ||||||||||||||||||||||||||
27 | member
only if the proceedings for adoption were commenced at | ||||||||||||||||||||||||||
28 | least 1 year
prior to the member's death.
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29 | Marriage of a child shall render the child ineligible for | ||||||||||||||||||||||||||
30 | further
consideration in the increase in the amount of the | ||||||||||||||||||||||||||
31 | widow's annuity.
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32 | Attainment of age 18 (age 22 if a full-time student)
shall |
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1 | render a child ineligible for
further consideration in the | ||||||
2 | increase of the widow's annuity, but the
annuity to the widow | ||||||
3 | shall be continued thereafter, without regard to
her age at | ||||||
4 | that time.
| ||||||
5 | (d) Until January 1, 2005, a widow's annuity payable on
| ||||||
6 | account of any covered employee who has
shall have
been a | ||||||
7 | covered employee for at least 18 months shall be reduced
by 1/2 | ||||||
8 | of the amount of survivors benefits to which his beneficiaries | ||||||
9 | are
eligible under the provisions of the Federal Social | ||||||
10 | Security Act, except
that (1) the amount of any widow's annuity | ||||||
11 | payable under this Article shall
not be reduced by reason of | ||||||
12 | any increase under that Act which occurs after
the offset | ||||||
13 | required by this subsection is first applied to that annuity,
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14 | and (2) for benefits granted on or after January 1, 1992, the | ||||||
15 | offset under
this subsection (d) shall not exceed 50% of the | ||||||
16 | amount of widow's annuity
otherwise payable.
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17 | Beginning January 1, 2005, the offset under this subsection | ||||||
18 | (d) shall
no longer be applied to any widow's annuity, | ||||||
19 | regardless of whether the
deceased employee was in service on | ||||||
20 | or after the effective date of this
amendatory Act of the 93rd | ||||||
21 | General Assembly.
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22 | (e) Upon the death of a recipient of a widow's annuity the | ||||||
23 | excess, if
any, of the member's accumulated contributions plus | ||||||
24 | credited interest over
all annuity payments to the member and | ||||||
25 | widow, exclusive of the $500 lump
sum payment, shall be paid to | ||||||
26 | the named beneficiary of the widow, or if
none has been named, | ||||||
27 | to the estate of the widow, provided no reversionary
annuity is | ||||||
28 | payable.
| ||||||
29 | (f) On January 1, 1981, any recipient of a widow's annuity | ||||||
30 | who was receiving
a widow's annuity on or before January 1, | ||||||
31 | 1971, shall have her widow's annuity
then being paid increased | ||||||
32 | by 1% for each full year which has elapsed from
the date the | ||||||
33 | widow's annuity began. On January 1, 1982, any recipient
of a | ||||||
34 | widow's annuity who began receiving a widow's annuity after | ||||||
35 | January
1, 1971, but before January 1, 1981, shall have her | ||||||
36 | widow's annuity then
being paid increased by 1% for each full |
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1 | year which has elapsed from the
date the widow's annuity began. | ||||||
2 | On January 1, 1987, any recipient of a
widow's annuity who | ||||||
3 | began receiving the widow's annuity on or before January
1, | ||||||
4 | 1977, shall have the monthly widow's annuity increased by $1
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5 | for each full year which has elapsed since the date the
annuity | ||||||
6 | began.
| ||||||
7 | (g) Beginning January 1, 1990, every widow's annuity shall | ||||||
8 | be
increased (1) on each January 1 occurring on or after the | ||||||
9 | commencement
of the annuity if the deceased member died while | ||||||
10 | receiving a retirement
annuity, or (2) in other cases, on each | ||||||
11 | January 1 occurring on or after
the first anniversary of the | ||||||
12 | commencement of the annuity, by an amount
equal to 3% of the | ||||||
13 | current amount of the annuity, including any previous
increases | ||||||
14 | under this Article. Such increases shall apply without regard | ||||||
15 | to
whether the deceased member was in service on or after the | ||||||
16 | effective date
of Public Act 86-1488, but shall not accrue for | ||||||
17 | any period prior to January
1, 1990.
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18 | (Source: P.A. 90-448, eff. 8-16-97.)
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19 | (40 ILCS 5/14-121) (from Ch. 108 1/2, par. 14-121)
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20 | Sec. 14-121. Amount of survivors annuity. A survivors | ||||||
21 | annuity
beneficiary shall be entitled upon death of the member | ||||||
22 | to a single sum
payment of $1,000, payable pro rata among all | ||||||
23 | persons entitled thereto,
together with a survivors annuity | ||||||
24 | payable at the rates and under the
conditions specified in this | ||||||
25 | Article.
| ||||||
26 | (a) If the survivors annuity beneficiary is a spouse, the | ||||||
27 | survivors
annuity shall be 30% of final average compensation | ||||||
28 | subject to a maximum
payment of $400 per month.
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29 | (b) If an eligible child or children under the care of a | ||||||
30 | spouse also
survives the member, such spouse as natural | ||||||
31 | guardian of the child or
children shall receive, in addition to | ||||||
32 | the foregoing annuity, 20% of final
average compensation on | ||||||
33 | account of each such child and 10% of final average
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34 | compensation divided pro rata among such children, subject to a | ||||||
35 | maximum
payment on account of all survivor annuity |
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1 | beneficiaries of $600 per month,
or 80% of the member's final | ||||||
2 | average compensation, whichever is the lesser.
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3 | (c) If the survivors annuity beneficiary or beneficiaries | ||||||
4 | consists of
an unmarried child or children, the amount of | ||||||
5 | survivors annuity shall be
20% of final average compensation to | ||||||
6 | each child, and 10% of final average
compensation divided pro | ||||||
7 | rata among all such children entitled to such annuity,
subject | ||||||
8 | to a maximum payment to all children combined of $600 per month
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9 | or 80% of the member's final average compensation, whichever is | ||||||
10 | the lesser.
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11 | (d) If the survivors annuity beneficiary is one or more | ||||||
12 | dependent parents,
the annuity shall be 20% of final average | ||||||
13 | compensation to each parent and
10% of final average | ||||||
14 | compensation divided pro rata among the parents who
qualify for | ||||||
15 | this annuity, subject to a maximum payment to both dependent
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16 | parents of $400 per month.
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17 | (e) The survivors annuity to the spouse, children or | ||||||
18 | dependent parents of
a member whose death occurs after the date | ||||||
19 | of last withdrawal, or after
retirement, or while in service | ||||||
20 | following reentry into service after
retirement but before | ||||||
21 | completing 1 1/2 years of additional creditable
service, shall | ||||||
22 | not exceed the lesser of 80% of the member's earned
retirement | ||||||
23 | annuity at the date of death or the maximum previously
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24 | established in this Section.
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25 | (f) In applying the limitation prescribed on the combined | ||||||
26 | payments to
2 or more survivors annuity beneficiaries, the | ||||||
27 | annuity on account of each
beneficiary shall be reduced pro | ||||||
28 | rata until such time as the number of
beneficiaries makes the | ||||||
29 | reduction no longer applicable.
| ||||||
30 | (g) Until January 1, 2005, a survivors annuity payable on | ||||||
31 | account of
any covered employee who has
shall have been a | ||||||
32 | covered employee for at
least 18 months at date of death or | ||||||
33 | last withdrawal, whichever is the later,
shall be reduced by | ||||||
34 | 1/2 of the survivors benefits to which his beneficiaries
are | ||||||
35 | eligible under the federal Social Security Act, except that (1) | ||||||
36 | the
survivors annuity payable under this Article shall not be |
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1 | reduced by any
increase under that Act which occurs after the | ||||||
2 | offset required by this
subsection is first applied to that | ||||||
3 | annuity, (2) for benefits granted on or
after January 1, 1992, | ||||||
4 | the offset under this subsection (g) shall not exceed
50% of | ||||||
5 | the amount of survivors annuity otherwise payable.
| ||||||
6 | Beginning January 1, 2005, the offset under this subsection | ||||||
7 | (g) shall no
longer be applied to any survivors annuity, | ||||||
8 | regardless of whether the deceased
employee was in service on | ||||||
9 | or after the effective date of this amendatory Act
of the 93rd | ||||||
10 | General Assembly.
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11 | (h) The minimum payment to a beneficiary hereunder shall be | ||||||
12 | $60 per month,
which shall be reduced in accordance with the | ||||||
13 | limitation prescribed on the
combined payments to all | ||||||
14 | beneficiaries of a member.
| ||||||
15 | (i) Subject to the conditions set forth in Section 14-120, | ||||||
16 | the minimum
total survivors annuity benefit payable to the | ||||||
17 | survivors annuity beneficiaries
of a deceased member or | ||||||
18 | annuitant whose death occurs on or after January
1, 1984, shall | ||||||
19 | be 50% of the amount of retirement annuity that was or would
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20 | have been payable to the deceased on the date of death, | ||||||
21 | regardless of the
age of the deceased on such date. If the | ||||||
22 | minimum total benefit provided
by this subsection exceeds the | ||||||
23 | maximum otherwise imposed by this Section,
the minimum total | ||||||
24 | benefit shall nevertheless be payable. Any increase in
the | ||||||
25 | total survivors annuity benefit resulting from the operation of | ||||||
26 | this
subsection shall be divided among the survivors annuity | ||||||
27 | beneficiaries of
the deceased in proportion to their shares of | ||||||
28 | the total survivors annuity
benefit otherwise payable under | ||||||
29 | this Section.
| ||||||
30 | (j) Any survivors annuity beneficiary whose annuity | ||||||
31 | terminates due to any
condition specified in this Article other | ||||||
32 | than death shall be entitled to
a refund of the excess, if any, | ||||||
33 | of the accumulated contributions of the
member plus credited | ||||||
34 | interest over all payments to the member and beneficiary
or | ||||||
35 | beneficiaries, exclusive of the single sum payment of $1,000, | ||||||
36 | provided
no future survivors or reversionary annuity benefits |
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1 | are payable.
| ||||||
2 | (k) Upon the death of the last eligible recipient of a | ||||||
3 | survivors
annuity the excess, if any, of the member's | ||||||
4 | accumulated contributions plus
credited interest over all | ||||||
5 | annuity payments to the member and survivors
exclusive of the | ||||||
6 | single sum payment of $1000, shall be paid to the named
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7 | beneficiary of the last eligible survivor, or if none has been | ||||||
8 | named, to
the estate of the last eligible survivor, provided no | ||||||
9 | reversionary annuity
is payable.
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10 | (l) On January 1, 1981, any survivor who was receiving a | ||||||
11 | survivors
annuity on or before January 1, 1971, shall have his | ||||||
12 | survivors annuity then
being paid increased by 1% for each full | ||||||
13 | year which has elapsed from the
date the annuity began. On | ||||||
14 | January 1, 1982, any survivor who began receiving
a survivor's | ||||||
15 | annuity after January 1, 1971, but before January 1, 1981,
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16 | shall have his survivor's annuity then being paid increased by | ||||||
17 | 1% for each
full year that has elapsed from the date the | ||||||
18 | annuity began.
On January 1, 1987, any survivor who began | ||||||
19 | receiving a survivor's annuity
on or before January 1, 1977, | ||||||
20 | shall have the monthly survivor's annuity
increased by $1 for | ||||||
21 | each full year which has elapsed since the date the
survivor's | ||||||
22 | annuity began.
| ||||||
23 | (m) Beginning January 1, 1990, every survivor's annuity | ||||||
24 | shall be increased
(1) on each January 1 occurring on or after | ||||||
25 | the commencement of the annuity if
the deceased member died | ||||||
26 | while receiving a retirement annuity, or (2) in
other cases, on | ||||||
27 | each January 1 occurring on or after the first anniversary
of | ||||||
28 | the commencement of the annuity, by an amount equal to 3% of | ||||||
29 | the current
amount of the annuity, including any previous | ||||||
30 | increases under this Article.
Such increases shall apply | ||||||
31 | without regard to whether the deceased member
was in service on | ||||||
32 | or after the effective date of Public Act 86-1488,
but shall | ||||||
33 | not accrue for any period prior to January 1, 1990.
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34 | (Source: P.A. 86-273; 86-1488; 87-794.)
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35 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law. |