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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 1-104.3, 2-121, 3-108, 4-114, 4-115.1, 5-152, 6-148, | ||||||
6 | 6-151, 7-145.2, 7-160, 8-120, 8-243.3, 9-115, 9-121.7, 11-153, | ||||||
7 | 12-137, 13-308, 13-314, 14-119, 14-120, 14-128, 15-129, | ||||||
8 | 18-128, and 19-115 as follows: | ||||||
9 | (40 ILCS 5/1-104.3 new)
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10 | Sec. 1-104.3. Adopted children. Notwithstanding any other | ||||||
11 | provision of this Code to the contrary, beginning on the | ||||||
12 | effective date of this amendatory Act of the 95th General | ||||||
13 | Assembly, legally adopted children shall be entitled to the | ||||||
14 | same benefits as other children, and no child's or survivor's | ||||||
15 | benefit shall be disallowed because the child is an adopted | ||||||
16 | child. The provisions of this Section apply without regard to | ||||||
17 | whether the employee or member was in service on or after the | ||||||
18 | date of the adoption of the child.
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19 | (40 ILCS 5/2-121) (from Ch. 108 1/2, par. 2-121)
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20 | Sec. 2-121. Survivor's annuity - conditions for payment.
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21 | (a) A survivor's annuity shall be payable to a surviving | ||||||
22 | spouse or
eligible child (1) upon the death in service of a |
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1 | participant with at least
2 years of service credit, or (2) | ||||||
2 | upon the death of an annuitant in receipt
of a retirement | ||||||
3 | annuity, or (3) upon the death of a participant who terminated
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4 | service with at least 4 years of service credit.
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5 | The change in this subsection (a) made by this amendatory | ||||||
6 | Act of 1995
applies to survivors of participants who die on or | ||||||
7 | after December 1, 1994,
without regard to whether or not the | ||||||
8 | participant was in service on or after
the effective date of | ||||||
9 | this amendatory Act of 1995.
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10 | (b) To be eligible for the survivor's annuity, the spouse | ||||||
11 | and the
participant or annuitant must have been married for a | ||||||
12 | continuous period of at
least one year immediately preceding | ||||||
13 | the date of death, but need not have
been married on the day of | ||||||
14 | the participant's last termination of service,
regardless of | ||||||
15 | whether such termination occurred prior to the effective date
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16 | of this amendatory Act of 1985.
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17 | (c) The annuity shall be payable beginning on the date of a
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18 | participant's death, or the first of the month following an | ||||||
19 | annuitant's
death, if the spouse is then age 50 or over, or | ||||||
20 | beginning at age 50 if the
spouse is then under age 50. If an | ||||||
21 | eligible child or children of the
participant or annuitant (or | ||||||
22 | a child or children of the eligible spouse
meeting the criteria | ||||||
23 | of item (1), (2), or (3) of subsection (d) of this
Section) | ||||||
24 | also survive, and the child or children are under
the care of | ||||||
25 | the eligible spouse, the annuity shall begin as of the date of
| ||||||
26 | a participant's death, or the first of the month following an |
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1 | annuitant's
death, without regard to the spouse's age.
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2 | The change to this subsection made by this amendatory Act | ||||||
3 | of 1998
(relating to children of an eligible spouse) applies to | ||||||
4 | the eligible spouse
of a participant or annuitant who dies on | ||||||
5 | or after the effective date of this
amendatory Act, without | ||||||
6 | regard to whether the participant or annuitant is in
service on | ||||||
7 | or after that effective date.
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8 | (d) For the purposes of this Section and Section 2-121.1, | ||||||
9 | "eligible child"
means a child of the deceased participant or | ||||||
10 | annuitant
who is at least one of the following:
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11 | (1) unmarried and under the age of 18;
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12 | (2) unmarried, a full-time student, and under the age | ||||||
13 | of 22;
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14 | (3) dependent by reason of physical or mental | ||||||
15 | disability.
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16 | The inclusion of unmarried students under age 22 in the | ||||||
17 | calculation of
survivor's annuities by this amendatory Act of | ||||||
18 | 1991 shall apply to all
eligible students beginning January 1, | ||||||
19 | 1992, without regard to whether the
deceased participant or | ||||||
20 | annuitant was in service on or after the effective
date of this | ||||||
21 | amendatory Act of 1991.
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22 | Adopted children shall have the same status as children of | ||||||
23 | the
participant or annuitant, but only if the proceedings for | ||||||
24 | adoption are
commenced at least one year prior to the date of | ||||||
25 | the participant's
or annuitant's death.
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26 | (e) Remarriage of a surviving spouse prior to attainment of |
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1 | age 55
shall disqualify the surviving spouse from the receipt | ||||||
2 | of a survivor's
annuity, if the remarriage occurs before the | ||||||
3 | effective date of this
amendatory Act of the 91st General | ||||||
4 | Assembly.
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5 | The changes made to this subsection by this amendatory Act | ||||||
6 | of the 91st
General Assembly (pertaining to remarriage prior to | ||||||
7 | age 55) apply without
regard to whether the deceased | ||||||
8 | participant or annuitant was in service on or
after the | ||||||
9 | effective date of this amendatory Act.
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10 | (Source: P.A. 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)
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11 | (40 ILCS 5/3-108) (from Ch. 108 1/2, par. 3-108)
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12 | Sec. 3-108. Child or children. "Child" or "children": | ||||||
13 | "Child" or "children" includes a police officer's
natural and | ||||||
14 | legally adopted
children. Adopted
children shall be eligible | ||||||
15 | for benefits only if the judicial proceedings
for adoption were | ||||||
16 | commenced at least one year prior to the death or
disability of | ||||||
17 | the police officer and in any event prior
to his or her | ||||||
18 | attainment of age 50.
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19 | (Source: P.A. 83-1440.)
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20 | (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
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21 | Sec. 4-114. Pension to survivors. If a firefighter who is | ||||||
22 | not receiving a
disability pension under Section 4-110 or | ||||||
23 | 4-110.1 dies (1) as a result of any
illness or accident, or (2) | ||||||
24 | from any cause while in receipt of a disability
pension under |
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1 | this Article, or (3) during retirement after 20 years service, | ||||||
2 | or
(4) while vested for or in receipt of a pension payable | ||||||
3 | under subsection (b)
of Section 4-109, or (5) while a deferred | ||||||
4 | pensioner, having made all required
contributions, a pension | ||||||
5 | shall be paid to his or her survivors, based on the
monthly | ||||||
6 | salary attached to the firefighter's rank on the last day of | ||||||
7 | service
in the fire department, as follows:
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8 | (a)(1) To the surviving spouse, a monthly pension of
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9 | 40% of the monthly salary, and to the guardian of any minor | ||||||
10 | child or
children including a child which has been | ||||||
11 | conceived but not yet born, 12%
of such monthly salary for | ||||||
12 | each such child until attainment of age 18 or
until the | ||||||
13 | child's marriage, whichever occurs first. Beginning July | ||||||
14 | 1,
1993, the monthly pension to the surviving spouse shall | ||||||
15 | be 54% of the
monthly salary for all persons receiving a | ||||||
16 | surviving spouse pension under
this Article, regardless of | ||||||
17 | whether the deceased firefighter was in service
on or after | ||||||
18 | the effective date of this amendatory Act of 1993.
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19 | (2) Beginning July 1, 2004, unless the amount provided | ||||||
20 | under paragraph (1) of this subsection (a) is greater, the | ||||||
21 | total monthly pension payable under
this paragraph (a), | ||||||
22 | including any amount payable on account of children, to the | ||||||
23 | surviving spouse of a firefighter who died (i) while
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24 | receiving a retirement pension, (ii) while he or she was a | ||||||
25 | deferred pensioner with at least 20 years of creditable | ||||||
26 | service, or (iii) while he or she was in active service |
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1 | having at least 20 years of creditable service, regardless | ||||||
2 | of age, shall be no less than 100% of the monthly | ||||||
3 | retirement pension earned by
the deceased firefighter at | ||||||
4 | the time of death, regardless of whether death occurs | ||||||
5 | before or after attainment of age 50, including any
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6 | increases under Section 4-109.1. This minimum applies to | ||||||
7 | all such surviving
spouses who are eligible to receive a | ||||||
8 | surviving spouse pension, regardless of
whether the | ||||||
9 | deceased firefighter was in service on or after the | ||||||
10 | effective date
of this amendatory Act of the 93rd General | ||||||
11 | Assembly, and notwithstanding any
limitation on maximum | ||||||
12 | pension under paragraph (d) or any other provision of
this | ||||||
13 | Article.
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14 | (3) If the pension paid on and after July 1, 2004 to | ||||||
15 | the surviving spouse of a firefighter who died on or after | ||||||
16 | July 1, 2004 and before the effective date of this | ||||||
17 | amendatory Act of the 93rd General Assembly was less than | ||||||
18 | the minimum pension payable under paragraph (1) or (2) of | ||||||
19 | this subsection (a), the fund shall pay a lump sum equal to | ||||||
20 | the difference within 90 days after the effective date of | ||||||
21 | this amendatory Act of the 93rd General Assembly.
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22 | The pension to the surviving spouse shall terminate in the | ||||||
23 | event of the
surviving spouse's remarriage prior to July 1, | ||||||
24 | 1993; remarriage on or after
that date does not affect the | ||||||
25 | surviving spouse's pension, regardless of
whether the deceased | ||||||
26 | firefighter was in service on or after the effective
date of |
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1 | this amendatory Act of 1993.
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2 | The surviving spouse's pension shall be subject to the | ||||||
3 | minimum established
in Section 4-109.2.
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4 | (b) Upon the death of the surviving spouse leaving one or | ||||||
5 | more minor
children, to the duly appointed guardian of each | ||||||
6 | such child, for support
and maintenance of each such child | ||||||
7 | until the child reaches age 18 or
marries, whichever occurs | ||||||
8 | first, a monthly pension of 20% of the monthly
salary.
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9 | (c) If a deceased firefighter leaves no surviving spouse or | ||||||
10 | unmarried
minor children under age 18, but leaves a dependent | ||||||
11 | father or mother, to
each dependent parent a monthly pension of | ||||||
12 | 18% of the monthly salary. To
qualify for the pension, a | ||||||
13 | dependent parent must furnish satisfactory proof
that the | ||||||
14 | deceased firefighter was at the time of his or her death the | ||||||
15 | sole
supporter of the parent or that the parent was the | ||||||
16 | deceased's dependent for
federal income tax purposes.
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17 | (d) The total pension provided under paragraphs (a), (b) | ||||||
18 | and (c) of this
Section shall not exceed 75% of the monthly | ||||||
19 | salary of the deceased firefighter
(1) when paid to the | ||||||
20 | survivor of a firefighter who has attained 20 or more
years of | ||||||
21 | service credit and who receives or is eligible to receive a | ||||||
22 | retirement
pension under this Article, or (2) when paid to the | ||||||
23 | survivor of a firefighter
who dies as a result of illness or | ||||||
24 | accident, or (3) when paid to the survivor
of a firefighter who | ||||||
25 | dies from any cause while in receipt of a disability
pension | ||||||
26 | under this Article, or (4) when paid to the survivor of a |
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1 | deferred
pensioner. For all other survivors of deceased | ||||||
2 | firefighters, the total pension
provided under paragraphs (a), | ||||||
3 | (b) and (c) of this Section shall not exceed 50%
of the | ||||||
4 | retirement annuity the firefighter would have received on the | ||||||
5 | date of
death.
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6 | The maximum pension limitations in this paragraph (d) do | ||||||
7 | not control
over any contrary provision of this Article | ||||||
8 | explicitly establishing a minimum
amount of pension or granting | ||||||
9 | a one-time or annual increase in pension.
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10 | (e) If a firefighter leaves no eligible survivors under | ||||||
11 | paragraphs (a),
(b) and (c), the board shall refund to the | ||||||
12 | firefighter's estate the amount
of his or her accumulated | ||||||
13 | contributions, less the amount of pension
payments, if any, | ||||||
14 | made to the firefighter while living.
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15 | (f) (Blank)
An adopted child is eligible for the pension | ||||||
16 | provided under
paragraph (a) if the child was adopted before | ||||||
17 | the firefighter attained age 50 .
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18 | (g) If a judgment of dissolution of marriage between a | ||||||
19 | firefighter and
spouse is judicially set aside subsequent to | ||||||
20 | the firefighter's death, the
surviving spouse is eligible for | ||||||
21 | the pension provided in paragraph (a) only
if the judicial | ||||||
22 | proceedings are filed within 2 years after the date of the
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23 | dissolution of marriage and within one year after the | ||||||
24 | firefighter's death and
the board is made a party to the | ||||||
25 | proceedings. In such case the pension shall be
payable only | ||||||
26 | from the date of the court's order setting aside the judgment |
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1 | of
dissolution of marriage.
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2 | (h) Benefits payable on account of a child under this | ||||||
3 | Section shall
not be reduced or terminated by reason of the | ||||||
4 | child's attainment of age 18
if he or she is then dependent by | ||||||
5 | reason of a physical or mental disability
but shall continue to | ||||||
6 | be paid as long as such dependency continues.
Individuals over | ||||||
7 | the age of 18 and adjudged as a disabled person pursuant
to | ||||||
8 | Article XIa of the Probate Act of 1975, except for persons | ||||||
9 | receiving
benefits under Article III of the Illinois Public Aid | ||||||
10 | Code, shall be
eligible to receive benefits under this Act.
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11 | (i) Beginning January 1, 2000, the pension of the surviving | ||||||
12 | spouse of
a firefighter who dies on or after January 1, 1994 as | ||||||
13 | a result of sickness,
accident, or injury incurred in or | ||||||
14 | resulting from the performance of an act of
duty or from the | ||||||
15 | cumulative effects of acts of duty shall not be less than 100%
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16 | of the salary attached to the rank held by the deceased | ||||||
17 | firefighter on the last
day of service, notwithstanding | ||||||
18 | subsection (d) or any other provision of
this Article.
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19 | (j) Beginning July 1, 2004, the pension of the surviving | ||||||
20 | spouse of
a firefighter who dies on or after January 1, 1988 as | ||||||
21 | a result of sickness,
accident, or injury incurred in or | ||||||
22 | resulting from the performance of an act of
duty or from the | ||||||
23 | cumulative effects of acts of duty shall not be less than 100%
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24 | of the salary attached to the rank held by the deceased | ||||||
25 | firefighter on the last
day of service, notwithstanding | ||||||
26 | subsection (d) or any other provision of
this Article.
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1 | (Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
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2 | (40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1)
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3 | Sec. 4-115.1. Eligibility of children. Dependent benefits | ||||||
4 | shall be paid to
each natural child of a deceased firefighter, | ||||||
5 | and to each child legally adopted
before the firefighter | ||||||
6 | attains age 50 , until the child's attainment of age
18 or | ||||||
7 | marriage, whichever occurs first, whether or not the death of | ||||||
8 | the
firefighter occurred prior to November 21, 1975.
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9 | Benefits payable to or on account of a child under this | ||||||
10 | Article shall not
be reduced or terminated by reason of the | ||||||
11 | child's adoption by a third party
after the firefighter's | ||||||
12 | death.
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13 | Benefits payable to or on account of a child under this | ||||||
14 | Article shall not be reduced or terminated by reason of the | ||||||
15 | child's
attainment of age 18 if he or she is then dependent by | ||||||
16 | reason of a physical or
mental disability but shall continue to | ||||||
17 | be paid as long as such dependency
continues. Individuals over | ||||||
18 | the age of 18 and adjudged as a disabled person
pursuant to | ||||||
19 | Article XIa of the Probate Act of 1975, except for persons
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20 | receiving benefits under Article III of the Illinois Public Aid | ||||||
21 | Code, shall be
eligible to receive benefits under this Act.
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22 | (Source: P.A. 90-32, eff. 6-27-97.)
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23 | (40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
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24 | Sec. 5-152. Child's annuity - Conditions - Amount. A |
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1 | child's
annuity shall be payable in the following cases of | ||||||
2 | policemen who die
on or after the effective date: (a) A | ||||||
3 | policeman whose death results
from injury incurred in the | ||||||
4 | performance of an act or acts of duty;
(b) a policeman who dies | ||||||
5 | in service from any cause; (c) a policeman
who withdraws upon | ||||||
6 | or after attainment of age 50 and who enters upon
or is | ||||||
7 | eligible for annuity; (d) a present employee with at least 20
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8 | years of service who dies after withdrawal, whether or not he | ||||||
9 | has
entered upon annuity.
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10 | A child to be eligible must have been born or legally | ||||||
11 | adopted
before the policeman has withdrawn from service. In the | ||||||
12 | case of an adopted
child, the policeman shall be married and | ||||||
13 | living with his wife at the
time of the adoption, and the | ||||||
14 | proceedings for adoption must have been
initiated at least 6 | ||||||
15 | months prior to the policeman's death. The requirement
that the | ||||||
16 | proceedings for adoption be initiated at least 6 months prior | ||||||
17 | to
the policeman's death does not apply where death occurs as a | ||||||
18 | result of
an act of duty.
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19 | Only one annuity shall be granted and paid for the benefit | ||||||
20 | of
any child if both parents have been policemen.
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21 | The annuity shall be paid, without regard to the fact that
| ||||||
22 | the death of the deceased policeman parent may have occurred | ||||||
23 | prior to
the effective date of this amendatory Act of 1975, in
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24 | an amount equal to 10% of the
annual maximum salary attached to | ||||||
25 | the classified civil
service position of a first class | ||||||
26 | patrolman
on July 1, 1975, or the date of the policeman's |
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1 | death, whichever is later,
for each child while a widow or | ||||||
2 | widower of the
deceased policeman survives and in
an amount | ||||||
3 | equal to 15% of the annual maximum
salary attached to the | ||||||
4 | classified civil service position of a first
class patrolman on | ||||||
5 | July 1, 1975, or the date of the policeman's death, whichever
| ||||||
6 | is later, while no widow
or widower shall survive,
provided | ||||||
7 | that if the combined annuities for the widow
and children of a | ||||||
8 | policeman who dies on or after September 26, 1969,
as the | ||||||
9 | result of an act of duty, or for the children of such
policeman | ||||||
10 | in any case wherein a widow or widower does not exist,
exceed | ||||||
11 | the salary that would ordinarily have been paid to him if
he | ||||||
12 | had been in the active discharge of his duties, all such | ||||||
13 | annuities shall be
reduced pro rata so that the combined | ||||||
14 | annuities for the family shall
not exceed such limitation. The | ||||||
15 | compensation portion of the annuity
of the widow shall not be | ||||||
16 | considered in making such reduction.
Benefits payable under | ||||||
17 | this Section shall not be reduced or
terminated by reason of | ||||||
18 | any child's attainment of age 18 if he is then
dependent by | ||||||
19 | reason of a physical or mental disability but shall continue
to | ||||||
20 | be paid as long as such dependency continues. For the purposes | ||||||
21 | of this
subsection, "disability" means inability to engage in | ||||||
22 | any substantial
gainful activity by reason of any medically | ||||||
23 | determinable physical or
mental impairment which can be | ||||||
24 | expected to result in death or which has
lasted or can be | ||||||
25 | expected to last for a continuous period of not less
than 12 | ||||||
26 | months.
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1 | In the case of a family of a policeman who dies on or after
| ||||||
2 | September 26, 1969, as the result of any cause other than the | ||||||
3 | performance
of an act of duty, in which annuities for such | ||||||
4 | family exceed an amount
equal to 60% of the salary that would | ||||||
5 | ordinarily have been paid to
him if he had been in the active | ||||||
6 | discharge of his duties, all such
annuities shall be reduced | ||||||
7 | pro rata so that the combined annuities shall
not exceed such | ||||||
8 | limitation.
| ||||||
9 | Child's annuity shall be paid to the parent providing for
| ||||||
10 | the child, unless another person is appointed by a court of law | ||||||
11 | as
the child's guardian.
| ||||||
12 | (Source: P.A. 79-699; 79-881; 79-1454.)
| ||||||
13 | (40 ILCS 5/6-148) (from Ch. 108 1/2, par. 6-148)
| ||||||
14 | Sec. 6-148. A child's annuity, shall be paid for the | ||||||
15 | benefit of any
unmarried child, less than age 18, of any | ||||||
16 | following described firemen:
| ||||||
17 | (a) A fireman whose death results from the performance of | ||||||
18 | any act or
acts of duty; (b) a fireman who dies in service from | ||||||
19 | any cause; (c) a
fireman who withdraws subsequent to age 50 and | ||||||
20 | who enters upon or is
eligible for annuity; and (d) a fireman | ||||||
21 | having at least 20 years of
service who withdraws and dies | ||||||
22 | before he enters upon annuity.
| ||||||
23 | A child to be eligible must have been born or in esse | ||||||
24 | before the
fireman withdrew, or legally adopted by a fireman at | ||||||
25 | least one year prior
to the fireman's death or
withdrawal. The |
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| |||||||
1 | requirement that the adoption take place at least 1 year
prior | ||||||
2 | to the fireman's death does not apply where death occurs as a
| ||||||
3 | result of an act or acts of duty or as the result of any | ||||||
4 | accident.
| ||||||
5 | The annuity shall be paid without regard to the fact that | ||||||
6 | the death
of the deceased fireman parent may have occurred | ||||||
7 | prior to the effective
date of this amendatory Act and shall be | ||||||
8 | paid monthly in an amount equal
to 15% of the current annual | ||||||
9 | maximum salary attached to the classified
civil service | ||||||
10 | position of fire fighter if no widow survives and 10% of
such | ||||||
11 | salary while the widow survives and no age limitation in this
| ||||||
12 | Section shall apply to a child who is so physically or mentally
| ||||||
13 | handicapped as to be unable to support himself; provided, if | ||||||
14 | annuities
for the widow and children of a fireman who dies on | ||||||
15 | or after the
effective date and whose death has been the result | ||||||
16 | of an act or acts of
duty performed on or after said date, or | ||||||
17 | for the children in any such
case wherein a widow shall not | ||||||
18 | exist, computed at the rates hereinbefore
stated, would exceed | ||||||
19 | the final annual salary of a first class fireman,
(one who | ||||||
20 | receives maximum salary for classified civil service rank of
| ||||||
21 | fire fighter), the annuity for each child shall be reduced pro | ||||||
22 | rata so
that the combined annuities for the family of the | ||||||
23 | fireman shall not
exceed such amount; and in the case of the | ||||||
24 | family of a fireman who dies
on or after said date and whose | ||||||
25 | death is the result of any cause or
causes other than injury | ||||||
26 | incurred in the performance of an act or acts
of duty in which |
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| |||||||
1 | annuities for such family, computed at the rates
hereinbefore | ||||||
2 | stated would exceed 60% of the final annual salary of a
first | ||||||
3 | class fireman, the annuity of each child shall be reduced pro | ||||||
4 | rata
so that the combined annuities for the family do not | ||||||
5 | exceed such
limitation.
| ||||||
6 | Child's annuity shall be paid to the parent who is | ||||||
7 | providing for the
child, unless another person is appointed by | ||||||
8 | a court of law as the
child's guardian.
| ||||||
9 | (Source: P.A. 84-11.)
| ||||||
10 | (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
| ||||||
11 | Sec. 6-151. An active fireman who is or becomes disabled on | ||||||
12 | or after the
effective date as the result of a specific injury, | ||||||
13 | or of cumulative
injuries, or of specific sickness incurred in | ||||||
14 | or resulting from an act or
acts of duty, shall have the right | ||||||
15 | to receive duty disability benefit
during any period of such | ||||||
16 | disability for which he does not receive or have
a right to | ||||||
17 | receive salary, equal to 75% of his salary at the time the
| ||||||
18 | disability is allowed. However, beginning January 1, 1994, no
| ||||||
19 | duty disability benefit that has been payable under this | ||||||
20 | Section for at least
10 years shall be less than 50%
of the | ||||||
21 | current salary attached from time to time to the rank and grade | ||||||
22 | held
by the fireman at the time of his removal from the | ||||||
23 | Department payroll,
regardless of whether that removal | ||||||
24 | occurred before the effective date of
this amendatory Act of | ||||||
25 | 1993.
|
| |||||||
| |||||||
1 | Whenever an active fireman is or becomes so injured or | ||||||
2 | sick, as to
require medical or hospital attention, the chief | ||||||
3 | officer of the fire
department of the city shall file, or cause | ||||||
4 | to be filed, with the board a
report of the nature and cause of | ||||||
5 | his disability, together with the
certificate or report of the | ||||||
6 | physician attending or treating, or who
attended or treated the | ||||||
7 | fireman, and a copy of any hospital record
concerning the | ||||||
8 | disability. Any injury or sickness not reported to the board
in | ||||||
9 | time to permit the board's physician to examine the fireman | ||||||
10 | before his
recovery, and any injury or sickness for which a | ||||||
11 | physician's report or copy
of the hospital record is not on | ||||||
12 | file with the board shall not be
considered for the payment of | ||||||
13 | duty disability benefit.
| ||||||
14 | Such fireman shall also receive a child's disability | ||||||
15 | benefit of $30 per
month on account of each unmarried child, | ||||||
16 | the issue of the fireman or
legally adopted by him prior to the | ||||||
17 | date of disability , who is less
than 18 years of age or | ||||||
18 | handicapped and dependent upon the fireman for
support. The | ||||||
19 | total amount of child's disability benefit shall not exceed
25% | ||||||
20 | of his salary at the time the disability is allowed.
| ||||||
21 | The first payment of duty disability or child's disability | ||||||
22 | benefit shall
be made not later than one month after the | ||||||
23 | benefit is granted. Each
subsequent payment shall be made not | ||||||
24 | later than one month after the date of
the latest payment.
| ||||||
25 | Duty disability benefit shall be payable during the period | ||||||
26 | of the
disability until the fireman reaches the age of |
| |||||||
| |||||||
1 | compulsory retirement.
Child's disability benefit shall be | ||||||
2 | paid to such a fireman during the
period of disability until | ||||||
3 | such child or children attain age 18 or marries,
whichever | ||||||
4 | event occurs first; except that attainment of age 18 by a child
| ||||||
5 | who is so physically or mentally handicapped as to be dependent | ||||||
6 | upon the
fireman for support, shall not render the child | ||||||
7 | ineligible for child's
disability benefit. The fireman shall | ||||||
8 | thereafter receive such
annuity or annuities as are provided | ||||||
9 | for him in accordance with other
provisions of this Article.
| ||||||
10 | (Source: P.A. 88-528.)
| ||||||
11 | (40 ILCS 5/7-145.2)
| ||||||
12 | Sec. 7-145.2. Alternative survivor's benefits for | ||||||
13 | survivors of county
officers.
In lieu of the survivor's | ||||||
14 | benefits otherwise payable under this
Article, the spouse or | ||||||
15 | eligible child of any deceased elected county
officer who (1) | ||||||
16 | had elected to participate in the
Fund, and (2) was either | ||||||
17 | making additional optional contributions in
accordance with | ||||||
18 | Section 7-145.1 on the date of death, or was receiving
an | ||||||
19 | annuity calculated under that Section at the time of death, may | ||||||
20 | elect to
receive an annuity beginning on the date of the
| ||||||
21 | elected county officer's death, provided that the spouse and | ||||||
22 | officer must
have been married on the date of the last | ||||||
23 | termination of his or her service
as an elected county officer | ||||||
24 | and for a continuous period of at least one year
immediately | ||||||
25 | preceding his or her death.
|
| |||||||
| |||||||
1 | The annuity shall be payable beginning on the date of the | ||||||
2 | elected
county officer's death if the spouse is then age 50 or | ||||||
3 | over, or beginning
at age 50 if the age of the spouse is less | ||||||
4 | than 50 years. If a minor
unmarried child or children of the | ||||||
5 | county officer, under age 18, also
survive, and the child or | ||||||
6 | children are under the care of the eligible
spouse, the annuity | ||||||
7 | shall begin as of the date of death of the elected county
| ||||||
8 | officer without regard to the spouse's age.
| ||||||
9 | The annuity to a spouse shall be 66 2/3% of the amount of | ||||||
10 | retirement
annuity earned by the elected county officer on the | ||||||
11 | date of death, subject to a
minimum payment of 10% of salary, | ||||||
12 | provided that if an eligible spouse,
regardless of age, has in | ||||||
13 | his or her care at the date of death of the
elected county | ||||||
14 | officer any unmarried child or children of the county
officer, | ||||||
15 | under age 18, the minimum annuity shall be 30% of the elected
| ||||||
16 | officer's salary, plus 10% of salary on account of each minor | ||||||
17 | child
of the elected county officer, subject to a combined | ||||||
18 | total payment on
account of a spouse and minor children not to | ||||||
19 | exceed 50% of the deceased
officer's salary. In the event there | ||||||
20 | shall be no spouse
of the elected county officer surviving, or | ||||||
21 | should a
spouse remarry or die while eligible minor children | ||||||
22 | still survive the
elected county officer, each such child shall | ||||||
23 | be entitled to an annuity
equal to 20% of salary of the elected | ||||||
24 | officer subject to a combined total
payment on account of all | ||||||
25 | such children not to exceed 50% of salary of the
elected county | ||||||
26 | officer. The salary to be used in the calculation of these
|
| |||||||
| |||||||
1 | benefits shall be the same as that prescribed for determining a | ||||||
2 | retirement
annuity as provided in Section 7-145.1.
| ||||||
3 | Upon the death of an elected county officer occurring after | ||||||
4 | termination
of service or while in receipt of a retirement | ||||||
5 | annuity, the combined total
payment to a spouse and minor | ||||||
6 | children, or to minor children alone if no
eligible spouse | ||||||
7 | survives, shall be limited to 75% of the amount of
retirement | ||||||
8 | annuity earned by the county officer.
| ||||||
9 | Adopted children shall have status as children of the | ||||||
10 | elected county
officer only if the proceedings for adoption | ||||||
11 | were commenced at least one
year prior to the date of the | ||||||
12 | elected county officer's death.
| ||||||
13 | Marriage of a child or attainment of age 18, whichever | ||||||
14 | first occurs,
shall render the child ineligible for further | ||||||
15 | consideration in the payment
of an annuity to a spouse or in | ||||||
16 | the increase in the amount thereof. Upon
attainment of | ||||||
17 | ineligibility of the youngest minor child of the elected
county | ||||||
18 | officer, the annuity shall immediately revert to the amount | ||||||
19 | payable
upon death of an elected county officer leaving no | ||||||
20 | minor children surviving
him or her. If the spouse is under age | ||||||
21 | 50 at such time, the annuity as
revised shall be deferred until | ||||||
22 | such age is attained. Remarriage of a
widow or widower prior to | ||||||
23 | attainment of age 55 shall disqualify the spouse
from the | ||||||
24 | receipt of an annuity.
| ||||||
25 | (Source: P.A. 90-32, eff. 6-27-97.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/7-160) (from Ch. 108 1/2, par. 7-160)
| ||||||
2 | Sec. 7-160. Child annuities-eligibility.
| ||||||
3 | Child annuities shall be payable to each child of an | ||||||
4 | employee annuitant
who dies with no surviving spouse and whose | ||||||
5 | spouse would have been eligible
to receive a surviving spouse | ||||||
6 | annuity, and each child of a deceased
employee whose surviving | ||||||
7 | spouse dies and whose spouse, immediately prior to
death, was | ||||||
8 | receiving or would have been eligible to receive, a surviving
| ||||||
9 | spouse annuity, or who left no surviving spouse, is eligible to | ||||||
10 | receive a
child annuity, provided:
| ||||||
11 | a. The child is less than age 18 and unmarried;
| ||||||
12 | b. The child is the natural born or legally adopted child | ||||||
13 | of the
employee and was born prior to the date of the | ||||||
14 | employee's latest
resignation or discharge from the service of | ||||||
15 | the participating
municipality;
| ||||||
16 | c. (Blank)
If the child is legally adopted, the legal | ||||||
17 | proceedings therefor were
commenced at least 1 year before the | ||||||
18 | death of the participating employee or
employee annuitant .
| ||||||
19 | (Source: P.A. 78-255.)
| ||||||
20 | (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120)
| ||||||
21 | Sec. 8-120. Child or children. "Child" or "children": The | ||||||
22 | natural child or children, or any child or
children legally | ||||||
23 | adopted by an employee at least one year prior to the date
any | ||||||
24 | benefit for the child or children accrues .
| ||||||
25 | (Source: P.A. 92-599, eff. 6-28-02.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/8-243.3) (from Ch. 108 1/2, par. 8-243.3)
| ||||||
2 | Sec. 8-243.3. Alternative survivor's benefits for | ||||||
3 | survivors of city
officers. In lieu of the survivor's benefits | ||||||
4 | otherwise payable under this
Article, the spouse or eligible | ||||||
5 | child of any deceased city officer
elected by vote of the | ||||||
6 | people who (1) had elected to participate in the
Fund, and (2) | ||||||
7 | was either making additional optional contributions in
| ||||||
8 | accordance with Section 8-243.2 on the date of death, or was | ||||||
9 | receiving
an annuity calculated under that Section at the time | ||||||
10 | of death, may elect to
receive an annuity beginning on the date | ||||||
11 | of the
elected city officer's death, provided that the spouse | ||||||
12 | and officer must
have been married on the date of the last | ||||||
13 | termination of his or her service
as an elected city officer | ||||||
14 | and for a continuous period of at least one year
immediately | ||||||
15 | preceding his or her death.
| ||||||
16 | The annuity shall be payable beginning on the date of the | ||||||
17 | elected
city officer's death if the spouse is then age 50 or | ||||||
18 | over, or beginning
at age 50 if the age of the spouse is less | ||||||
19 | than 50 years. If a minor
unmarried child or children of the | ||||||
20 | city officer, under age 18, also
survive, and the child or | ||||||
21 | children are under the care of the eligible
spouse, the annuity | ||||||
22 | shall begin as of the date of death of the elected city
officer | ||||||
23 | without regard to the spouse's age.
| ||||||
24 | The annuity to a spouse shall be 66 2/3% of the amount of | ||||||
25 | retirement
annuity earned by the elected city officer on the |
| |||||||
| |||||||
1 | date of death, subject to a
minimum payment of 10% of salary, | ||||||
2 | provided that if an eligible spouse,
regardless of age, has in | ||||||
3 | his or her care at the date of death of the
elected city | ||||||
4 | officer any unmarried child or children of the city
officer, | ||||||
5 | under age 18, the minimum annuity shall be 30% of the elected
| ||||||
6 | officer's salary, plus 10% of salary on account of each minor | ||||||
7 | child
of the elected city officer, subject to a combined total | ||||||
8 | payment on
account of a spouse and minor children not to exceed | ||||||
9 | 50% of the deceased
officer's salary. In the event there shall | ||||||
10 | be no spouse
of the elected city officer surviving, or should a
| ||||||
11 | spouse remarry or die while eligible minor children still | ||||||
12 | survive the
elected city officer, each such child shall be | ||||||
13 | entitled to an annuity
equal to 20% of salary of the elected | ||||||
14 | officer subject to a combined total
payment on account of all | ||||||
15 | such children not to exceed 50% of salary of the
elected city | ||||||
16 | officer. The salary to be used in the calculation of these
| ||||||
17 | benefits shall be the same as that prescribed for determining a | ||||||
18 | retirement
annuity as provided in Section 8-243.2.
| ||||||
19 | Upon the death of an elected city officer occurring after | ||||||
20 | termination
of service or while in receipt of a retirement | ||||||
21 | annuity, the combined total
payment to a spouse and minor | ||||||
22 | children, or to minor children alone if no
eligible spouse | ||||||
23 | survives, shall be limited to 75% of the amount of
retirement | ||||||
24 | annuity earned by the city officer.
| ||||||
25 | Adopted children shall have status as children of the | ||||||
26 | elected city
officer only if the proceedings for adoption were |
| |||||||
| |||||||
1 | commenced at least one
year prior to the date of the elected | ||||||
2 | city officer's death.
| ||||||
3 | Marriage of a child or attainment of age 18, whichever | ||||||
4 | first occurs,
shall render the child ineligible for further | ||||||
5 | consideration in the payment
of an annuity to a spouse or in | ||||||
6 | the increase in the amount thereof. Upon
attainment of | ||||||
7 | ineligibility of the youngest minor child of the elected
city | ||||||
8 | officer, the annuity shall immediately revert to the amount | ||||||
9 | payable
upon death of an elected city officer leaving no minor | ||||||
10 | children surviving
him or her. If the spouse is under age 50 at | ||||||
11 | such time, the annuity as
revised shall be deferred until such | ||||||
12 | age is attained. Remarriage of a
widow or widower prior to | ||||||
13 | attainment of age 55 shall disqualify the spouse
from the | ||||||
14 | receipt of an annuity.
| ||||||
15 | (Source: P.A. 86-1488.)
| ||||||
16 | (40 ILCS 5/9-115) (from Ch. 108 1/2, par. 9-115)
| ||||||
17 | Sec. 9-115. Child or children.
| ||||||
18 | "Child" or "children": The natural child or children or any | ||||||
19 | child or
children legally adopted by an employee at least 1 | ||||||
20 | year prior to the date
any benefit for the child or children | ||||||
21 | accrues, and so adopted prior to the
employee's attainment of | ||||||
22 | age 55 .
| ||||||
23 | (Source: Laws 1963, p. 161.)
| ||||||
24 | (40 ILCS 5/9-121.7) (from Ch. 108 1/2, par. 9-121.7)
|
| |||||||
| |||||||
1 | Sec. 9-121.7. Alternative survivor's benefits for | ||||||
2 | survivors of county
officers. In lieu of the survivor's | ||||||
3 | benefits otherwise payable under this
Article, the spouse or | ||||||
4 | eligible child of any deceased county officer
elected by vote | ||||||
5 | of the people who (1) had elected to participate in the
Fund, | ||||||
6 | and (2) was either making additional optional contributions in
| ||||||
7 | accordance with Section 9-121.6 on the date of death, or was | ||||||
8 | receiving
an annuity calculated under that Section at the time | ||||||
9 | of death, may elect to
receive an annuity beginning on the date | ||||||
10 | of the
elected county officer's death, provided that the spouse | ||||||
11 | and officer must
have been married on the date of the last | ||||||
12 | termination of his or her service
as an elected county officer | ||||||
13 | and for a continuous period of at least one year
immediately | ||||||
14 | preceding his or her death.
| ||||||
15 | The annuity shall be payable beginning on the date of the | ||||||
16 | elected
county officer's death if the spouse is then age 50 or | ||||||
17 | over, or beginning
at age 50 if the age of the spouse is less | ||||||
18 | than 50 years. If a minor
unmarried child or children of the | ||||||
19 | county officer, under age 18, also
survive, and the child or | ||||||
20 | children are under the care of the eligible
spouse, the annuity | ||||||
21 | shall begin as of the date of death of the elected county
| ||||||
22 | officer without regard to the spouse's age.
| ||||||
23 | The annuity to a spouse shall be 66 2/3% of the amount of | ||||||
24 | retirement
annuity earned by the elected county officer on the | ||||||
25 | date of death, subject to a
minimum payment of 10% of salary, | ||||||
26 | provided that if an eligible spouse,
regardless of age, has in |
| |||||||
| |||||||
1 | his or her care at the date of death of the
elected county | ||||||
2 | officer any unmarried child or children of the county
officer, | ||||||
3 | under age 18, the minimum annuity shall be 30% of the elected
| ||||||
4 | officer's salary, plus 10% of salary on account of each minor | ||||||
5 | child
of the elected county officer, subject to a combined | ||||||
6 | total payment on
account of a spouse and minor children not to | ||||||
7 | exceed 50% of the deceased
officer's salary. In the event there | ||||||
8 | shall be no spouse
of the elected county officer surviving, or | ||||||
9 | should a
spouse remarry or die while eligible minor children | ||||||
10 | still survive the
elected county officer, each such child shall | ||||||
11 | be entitled to an annuity
equal to 20% of salary of the elected | ||||||
12 | officer subject to a combined total
payment on account of all | ||||||
13 | such children not to exceed 50% of salary of the
elected county | ||||||
14 | officer. The salary to be used in the calculation of these
| ||||||
15 | benefits shall be the same as that prescribed for determining a | ||||||
16 | retirement
annuity as provided in Section 9-121.6.
| ||||||
17 | Upon the death of an elected county officer occurring after | ||||||
18 | termination
of service or while in receipt of a retirement | ||||||
19 | annuity, the combined total
payment to a spouse and minor | ||||||
20 | children, or to minor children alone if no
eligible spouse | ||||||
21 | survives, shall be limited to 75% of the amount of
retirement | ||||||
22 | annuity earned by the county officer.
| ||||||
23 | Adopted children shall have status as children of the | ||||||
24 | elected county
officer only if the proceedings for adoption | ||||||
25 | were commenced at least one
year prior to the date of the | ||||||
26 | elected county officer's death.
|
| |||||||
| |||||||
1 | Marriage of a child or attainment of age 18, whichever | ||||||
2 | first occurs,
shall render the child ineligible for further | ||||||
3 | consideration in the payment
of an annuity to a spouse or in | ||||||
4 | the increase in the amount thereof. Upon
attainment of | ||||||
5 | ineligibility of the youngest minor child of the elected
county | ||||||
6 | officer, the annuity shall immediately revert to the amount | ||||||
7 | payable
upon death of an elected county officer leaving no | ||||||
8 | minor children surviving
him or her. If the spouse is under age | ||||||
9 | 50 at such time, the annuity as
revised shall be deferred until | ||||||
10 | such age is attained. Remarriage of a
widow or widower prior to | ||||||
11 | attainment of age 55 shall disqualify the spouse
from the | ||||||
12 | receipt of an annuity.
| ||||||
13 | (Source: P.A. 85-964.)
| ||||||
14 | (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153)
| ||||||
15 | Sec. 11-153. Child's annuity.
| ||||||
16 | (a) A "Child's Annuity" shall be payable
monthly after the | ||||||
17 | death of an employee parent to an unmarried child until
the | ||||||
18 | child's attainment of age 18 or marriage, whichever event shall | ||||||
19 | first
occur, under the following conditions, if the child was | ||||||
20 | born or in esse
before the employee attained age 65, and before | ||||||
21 | he withdrew from service:
| ||||||
22 | (1) upon death in service from any cause;
| ||||||
23 | (2) upon death of an employee who withdraws from | ||||||
24 | service after
age 55
(or after age 50 with at least 30 | ||||||
25 | years of service if withdrawal is on or
after June 27, |
| |||||||
| |||||||
1 | 1997) and who has entered upon or is eligible for annuity.
| ||||||
2 | Payment shall be made as provided in Section 11-124.
| ||||||
3 | (b) After July 24, 1967, an adopted child shall be entitled | ||||||
4 | to the same
child's annuity benefits provided for natural | ||||||
5 | children in this Article, if:
| ||||||
6 | (1) (Blank)
the child was legally adopted by the | ||||||
7 | employee at least one year
prior to the death of the | ||||||
8 | employee ; and
| ||||||
9 | (2) the child was adopted before the employee withdrew | ||||||
10 | from service.
| ||||||
11 | (Source: P.A. 92-599, eff. 6-28-02 .)
| ||||||
12 | (40 ILCS 5/12-137) (from Ch. 108 1/2, par. 12-137)
| ||||||
13 | Sec. 12-137. Eligibility for child's benefit. A benefit | ||||||
14 | shall be granted to any child of the employee under 18 years
of | ||||||
15 | age or any child under such age legally adopted by the employee | ||||||
16 | provided
the legal proceedings for such adoption shall have | ||||||
17 | been commenced at least
one year prior to: (1) the death or | ||||||
18 | disability of the employee; and (2) the
attainment of age 55 by | ||||||
19 | the employee, whose death occurred under the
following | ||||||
20 | conditions:
| ||||||
21 | (a) from injury incurred in the performance of duty | ||||||
22 | regardless of length
of service;
| ||||||
23 | (b) from any other cause after completion of at least 2 | ||||||
24 | years of
service;
| ||||||
25 | (c) after the employee withdraws from service subsequent to |
| |||||||
| |||||||
1 | age 55 and
entered upon or is eligible for annuity.
| ||||||
2 | In the case of an employee whose death
occurs after | ||||||
3 | withdrawal subsequent to age 55, if eligible for an annuity,
| ||||||
4 | birth of a child must have occurred before the date of the | ||||||
5 | employee's
latest withdrawal.
| ||||||
6 | No annuity shall be payable to any child after such child's | ||||||
7 | marriage.
The termination date of any child's annuity due to | ||||||
8 | the attainment of age 18
or marriage shall be the due date of | ||||||
9 | the last annuity payment for the
child, next preceding such due | ||||||
10 | date with no proration for any period which
is less than a full | ||||||
11 | month.
| ||||||
12 | A posthumous child shall be regarded as a child of the | ||||||
13 | employee entitled
to an annuity.
| ||||||
14 | (Source: P.A. 86-272.)
| ||||||
15 | (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
| ||||||
16 | Sec. 13-308. Child's annuity.
| ||||||
17 | (a) Eligibility. A child's annuity shall be provided for | ||||||
18 | each unmarried
child under the age of 18 years (under the age | ||||||
19 | of 23 years in the case of a full-time student) whose employee
| ||||||
20 | parent dies while in service, or whose deceased parent is an | ||||||
21 | annuitant or
former employee with at least 10 years of | ||||||
22 | creditable service who did not take a
refund of employee | ||||||
23 | contributions. Eligibility for benefits to unmarried children | ||||||
24 | over the age of 18 but under the age of 23 begins no earlier | ||||||
25 | than the first day of the month following the month in which |
| |||||||
| |||||||
1 | this amendatory Act of the 94th General Assembly takes effect.
| ||||||
2 | For purposes of this Section, "employee" includes a former | ||||||
3 | employee, and
"child" means the issue of an employee , or a | ||||||
4 | child adopted by an employee if
the proceedings for adoption | ||||||
5 | were instituted at least one year prior to the
employee's | ||||||
6 | death .
| ||||||
7 | Payments shall cease when a child attains the age of 18 | ||||||
8 | years (age of 23 years in the case of a full-time student) or | ||||||
9 | marries,
whichever first occurs. The annuity shall not be | ||||||
10 | payable unless the employee
has been employed as an employee | ||||||
11 | for at
least 36 months from the date of the employee's original
| ||||||
12 | entry into service (at least 24 months in the case of an | ||||||
13 | employee who first
entered service before June 13, 1997) and
at | ||||||
14 | least 12 months from the date of the employee's latest
re-entry | ||||||
15 | into service; provided, however, that if death arises out of | ||||||
16 | and
in the course of service to the employer and is compensable | ||||||
17 | under either the
Illinois Workers' Compensation Act or Illinois | ||||||
18 | Workers' Occupational
Diseases Act, the annuity is payable | ||||||
19 | regardless of the employee's length of
service.
| ||||||
20 | (b) Amount. A child's annuity shall be $500 per month for
| ||||||
21 | one child and $350 per month for each additional child, up to a
| ||||||
22 | maximum of $2,500 per month for all children of the employee, | ||||||
23 | as provided in
this Section, if a parent of the child is | ||||||
24 | living. The child's annuity
shall be $1,000 per month for one | ||||||
25 | child and $500 per month
for each additional child, up to a | ||||||
26 | maximum of $2,500 for all children of
the employee, when |
| |||||||
| |||||||
1 | neither parent is alive. The total amount payable to
all | ||||||
2 | children of the employee shall be divided equally among those | ||||||
3 | children.
Any child's annuity which commenced prior to July 12, | ||||||
4 | 2001 shall be increased
upon the first day of the month | ||||||
5 | following the month in which that
effective date occurs, to the | ||||||
6 | amount set forth herein.
| ||||||
7 | (c) Payment. Until a child attains the age of 18 years, a
| ||||||
8 | child's annuity shall be paid to the child's parent or
other | ||||||
9 | person who shall be providing for the child without requiring | ||||||
10 | formal
letters of guardianship, unless another person shall be | ||||||
11 | appointed by a
court of law as guardian.
| ||||||
12 | (Source: P.A. 94-621, eff. 8-18-05.)
| ||||||
13 | (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| ||||||
14 | Sec. 13-314. Alternative provisions for Water Reclamation | ||||||
15 | District
commissioners.
| ||||||
16 | (a) Transfer of credits. Any Water Reclamation District | ||||||
17 | commissioner
elected by vote of the people and who has elected | ||||||
18 | to participate in this
Fund may transfer to this Fund credits | ||||||
19 | and creditable service accumulated
under any other pension fund | ||||||
20 | or retirement system established under
Articles 2 through 18 of | ||||||
21 | this Code, upon payment to the Fund of (1) the
amount by which | ||||||
22 | the employer and employee contributions that would have
been | ||||||
23 | required if he had participated in this Fund during the period | ||||||
24 | for
which credit is being transferred, plus interest, exceeds | ||||||
25 | the amounts
actually transferred from such other fund or system |
| |||||||
| |||||||
1 | to this Fund, plus (2)
interest thereon at 6% per year | ||||||
2 | compounded annually from the date of
transfer to the date of | ||||||
3 | payment.
| ||||||
4 | (b) Alternative annuity. Any participant commissioner may | ||||||
5 | elect to
establish alternative credits for an alternative | ||||||
6 | annuity by electing in
writing to make additional optional | ||||||
7 | contributions in accordance with this
Section and procedures | ||||||
8 | established by the Board. Unless and until such
time as the | ||||||
9 | U.S. Internal Revenue Service or the federal courts provide a
| ||||||
10 | favorable ruling as described in Section 13-502(f), a
| ||||||
11 | commissioner
may discontinue making the additional optional | ||||||
12 | contributions by notifying the
Fund in writing in accordance | ||||||
13 | with this Section and procedures established
by the Board.
| ||||||
14 | Additional optional contributions for the alternative | ||||||
15 | annuity shall be
as follows:
| ||||||
16 | (1) For service after the option is elected, an | ||||||
17 | additional contribution
of 3% of salary shall be | ||||||
18 | contributed to the Fund on the same basis and
under the | ||||||
19 | same conditions as contributions required under Section | ||||||
20 | 13-502.
| ||||||
21 | (2) For contributions on past service, the additional | ||||||
22 | contribution shall
be 3% of the salary for the
applicable | ||||||
23 | period of service, plus interest at the annual rate from | ||||||
24 | time to
time as determined by the Board, compounded | ||||||
25 | annually from the date of service
to the date of payment. | ||||||
26 | Contributions for service before the option is
elected may |
| |||||||
| |||||||
1 | be made in a lump sum payment to the Fund or by | ||||||
2 | contributing to the
Fund on the same basis and under the | ||||||
3 | same conditions as contributions required
under Section | ||||||
4 | 13-502.
All payments for past service must be paid in full | ||||||
5 | before credit
is given. No additional optional | ||||||
6 | contributions may be made for any period
of service for | ||||||
7 | which credit has been previously forfeited by acceptance of
| ||||||
8 | a refund, unless the refund is repaid in full with interest | ||||||
9 | at the rate
specified in Section 13-603, from the date of | ||||||
10 | refund to the date of repayment.
| ||||||
11 | In lieu of the retirement annuity otherwise payable under | ||||||
12 | this Article,
any commissioner who has elected to participate | ||||||
13 | in the Fund and make
additional optional contributions in | ||||||
14 | accordance with this Section,
has attained age 55, and has at | ||||||
15 | least 6 years of service
credit, may elect to have the | ||||||
16 | retirement annuity computed as follows: 3% of
the participant's | ||||||
17 | average final salary as a commissioner for each of
the first 8 | ||||||
18 | years of service credit, plus 4% of such salary for each of the
| ||||||
19 | next 4 years of service credit, plus 5% of such salary for each | ||||||
20 | year of
service credit in excess of 12 years, subject to a | ||||||
21 | maximum of 80% of such
salary. To the extent such commissioner | ||||||
22 | has made additional optional
contributions with respect to only | ||||||
23 | a portion of years of service credit,
the retirement annuity | ||||||
24 | will first be determined in accordance with this
Section to the | ||||||
25 | extent such additional optional contributions were made, and
| ||||||
26 | then in accordance with the remaining Sections of this Article |
| |||||||
| |||||||
1 | to the
extent of years of service credit with respect to which | ||||||
2 | additional optional
contributions were not made. The change in | ||||||
3 | minimum retirement age (from
60 to 55) made by this amendatory | ||||||
4 | Act of 1993 applies to persons who begin
receiving a retirement | ||||||
5 | annuity under this Section on or after the effective
date of | ||||||
6 | this amendatory Act, without regard to whether they are in | ||||||
7 | service
on or after that date.
| ||||||
8 | (c) Disability benefits. In lieu of the disability benefits | ||||||
9 | otherwise
payable under this Article, any commissioner who (1) | ||||||
10 | has elected to
participate in the Fund, and (2) has become | ||||||
11 | permanently disabled and as a
consequence is unable to perform | ||||||
12 | the duties of office, and (3) was making
optional contributions | ||||||
13 | in accordance with this Section at the time the
disability was | ||||||
14 | incurred, may elect to receive a disability annuity
calculated | ||||||
15 | in accordance with the formula in subsection (b). For the
| ||||||
16 | purposes of this subsection, such commissioner shall be
| ||||||
17 | considered permanently disabled only if: (i) disability occurs | ||||||
18 | while in
service as a commissioner and is of such a nature as | ||||||
19 | to prevent the
reasonable performance of the duties of office | ||||||
20 | at the time; and (ii) the
Board has received a written | ||||||
21 | certification by at least 2 licensed
physicians appointed by it | ||||||
22 | stating that such commissioner is disabled and
that the | ||||||
23 | disability is likely to be permanent.
| ||||||
24 | (d) Alternative survivor's benefits. In lieu of the
| ||||||
25 | survivor's benefits otherwise payable under this Article, the | ||||||
26 | spouse or
eligible child of any deceased commissioner who (1) |
| |||||||
| |||||||
1 | had elected to
participate in the Fund, and (2) was either | ||||||
2 | making (or had already made) additional optional
contributions | ||||||
3 | on the date of death, or was receiving an annuity calculated
| ||||||
4 | under this Section at the time of death, may elect to receive | ||||||
5 | an annuity
beginning on the date of the commissioner's death, | ||||||
6 | provided that the spouse
and commissioner must have been | ||||||
7 | married on the date of the last termination
of a service as | ||||||
8 | commissioner and for a continuous period of at least one
year | ||||||
9 | immediately preceding death.
| ||||||
10 | The annuity shall be payable beginning on the date of the | ||||||
11 | commissioner's
death if the spouse is then age 50 or over, or | ||||||
12 | beginning at age 50 if the
age of the spouse is less than 50 | ||||||
13 | years. If a minor unmarried child or
children of the | ||||||
14 | commissioner, under age 18 (age 23 in the case of a full-time | ||||||
15 | student), also survive, and the child or
children are under the | ||||||
16 | care of the eligible spouse, the annuity shall begin
as of the | ||||||
17 | date of death of the commissioner without regard to the | ||||||
18 | spouse's age.
| ||||||
19 | The annuity to a spouse shall be the greater of (i) 66 2/3% | ||||||
20 | of the amount of retirement
annuity earned by the commissioner | ||||||
21 | on the date of death, subject to a
minimum payment of 10% of | ||||||
22 | salary, provided that if an eligible spouse,
regardless of age, | ||||||
23 | has in his or her care at the date of death of the
commissioner | ||||||
24 | any unmarried child or children of the commissioner under age
| ||||||
25 | 18, the minimum annuity shall be 30% of the commissioner's | ||||||
26 | salary, plus 10%
of salary on account of each minor child of |
| |||||||
| |||||||
1 | the commissioner, subject to a
combined total payment on | ||||||
2 | account of a spouse and minor children not to
exceed 50% of the | ||||||
3 | deceased commissioner's salary or (ii) for the spouse of a | ||||||
4 | commissioner whose death occurs on or after the effective date | ||||||
5 | of this amendatory Act of the 94th General Assembly, the | ||||||
6 | surviving spouse annuity shall be computed in the same manner | ||||||
7 | as described in Section 13-306(a). The number of total service | ||||||
8 | years used to calculate the commissioner's annuity shall be the | ||||||
9 | number of service years used to calculate the annuity for that | ||||||
10 | commissioner's surviving spouse. In the event there shall
be no | ||||||
11 | spouse of the commissioner surviving, or should a spouse die | ||||||
12 | while
eligible minor children still survive the commissioner, | ||||||
13 | each such child
shall be entitled to an annuity equal to 20% of | ||||||
14 | salary of the commissioner
subject to a combined total payment | ||||||
15 | on account of all such children not to
exceed 50% of salary of | ||||||
16 | the commissioner. The salary to be used in the
calculation of | ||||||
17 | these benefits shall be the same as that prescribed for
| ||||||
18 | determining a retirement annuity as provided in subsection (b) | ||||||
19 | of this Section.
| ||||||
20 | Upon the death of a commissioner occurring after | ||||||
21 | termination of a service
or while in receipt of a retirement | ||||||
22 | annuity, the combined total payment to
a spouse and minor | ||||||
23 | children, or to minor children alone if no eligible
spouse | ||||||
24 | survives, shall be limited to 85% of the amount of retirement
| ||||||
25 | annuity earned by the commissioner.
| ||||||
26 | Adopted children shall have status as natural children of |
| |||||||
| |||||||
1 | the
commissioner only if the proceedings for adoption were | ||||||
2 | commenced at least
one year prior to the date of the | ||||||
3 | commissioner's death.
| ||||||
4 | Marriage of a child or attainment of age 18 (age 23 in the | ||||||
5 | case of a full-time student), whichever first occurs,
shall | ||||||
6 | render the child ineligible for further consideration in the | ||||||
7 | payment
of annuity to a spouse or in the increase in the amount | ||||||
8 | thereof. Upon
attainment of ineligibility of the youngest minor | ||||||
9 | child of the
commissioner, the annuity shall immediately revert | ||||||
10 | to the amount payable
upon death of a commissioner leaving no | ||||||
11 | minor children surviving. If the
spouse is under age 50 at such | ||||||
12 | time, the annuity as revised shall be
deferred until such age | ||||||
13 | is attained.
| ||||||
14 | (e) Refunds. Refunds of additional optional contributions | ||||||
15 | shall be made
on the same basis and under the same conditions | ||||||
16 | as provided under Section
13-601. Interest shall be credited on | ||||||
17 | the same basis and under the same
conditions as for other | ||||||
18 | contributions.
| ||||||
19 | Optional contributions shall be accounted for in a separate | ||||||
20 | Commission's
Optional Contribution Reserve. Optional | ||||||
21 | contributions under this Section
shall be included in the | ||||||
22 | amount of employee contributions used to compute
the tax levy | ||||||
23 | under Section 13-503.
| ||||||
24 | (f) Effective date. The effective date of this plan of | ||||||
25 | optional
alternative benefits and contributions shall be the | ||||||
26 | date upon which
approval was received from the U.S. Internal |
| |||||||
| |||||||
1 | Revenue Service. The plan of
optional alternative benefits and | ||||||
2 | contributions shall not be available to
any former employee | ||||||
3 | receiving an annuity from the Fund on the effective
date, | ||||||
4 | unless said former employee re-enters service and renders at | ||||||
5 | least 3
years of additional service after the date of re-entry | ||||||
6 | as a commissioner.
| ||||||
7 | (Source: P.A. 94-621, eff. 8-18-05.)
| ||||||
8 | (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
| ||||||
9 | Sec. 14-119. Amount of widow's annuity.
| ||||||
10 | (a) The widow's annuity shall be 50% of the amount of | ||||||
11 | retirement annuity
payable to the member on the date of death | ||||||
12 | while on retirement if an
annuitant, or on the date of his | ||||||
13 | death while in service if an employee,
regardless of his age on | ||||||
14 | such date, or on the date of withdrawal if death
occurred after | ||||||
15 | termination of service under the conditions prescribed in
the | ||||||
16 | preceding Section.
| ||||||
17 | (b) If an eligible widow, regardless of age, has in her | ||||||
18 | care any
unmarried child or children of the member under age 18 | ||||||
19 | (under age 22 if a
full-time student), the widow's
annuity | ||||||
20 | shall be increased in the amount of 5% of the retirement | ||||||
21 | annuity
for each such child, but the combined payments for a | ||||||
22 | widow and
children shall not exceed 66 2/3% of the member's | ||||||
23 | earned
retirement annuity.
| ||||||
24 | The amount of retirement annuity from which the widow's
| ||||||
25 | annuity is derived shall be that earned by the member without |
| |||||||
| |||||||
1 | regard to
whether he attained age 60 prior to his withdrawal | ||||||
2 | under the conditions
stated or prior to his death.
| ||||||
3 | (c) Adopted children shall be considered as children of the | ||||||
4 | member
only if the proceedings for adoption were commenced at | ||||||
5 | least 1 year
prior to the member's death.
| ||||||
6 | Marriage of a child shall render the child ineligible for | ||||||
7 | further
consideration in the increase in the amount of the | ||||||
8 | widow's annuity.
| ||||||
9 | Attainment of age 18 (age 22 if a full-time student)
shall | ||||||
10 | render a child ineligible for
further consideration in the | ||||||
11 | increase of the widow's annuity, but the
annuity to the widow | ||||||
12 | shall be continued thereafter, without regard to
her age at | ||||||
13 | that time.
| ||||||
14 | (d) A widow's annuity payable on account of any covered | ||||||
15 | employee who
shall have been a covered employee for at least 18 | ||||||
16 | months shall be reduced
by 1/2 of the amount of survivors | ||||||
17 | benefits to which his beneficiaries are
eligible under the | ||||||
18 | provisions of the Federal Social Security Act, except
that (1) | ||||||
19 | the amount of any widow's annuity payable under this Article | ||||||
20 | shall
not be reduced by reason of any increase under that Act | ||||||
21 | which occurs after
the offset required by this subsection is | ||||||
22 | first applied to that annuity,
and (2) for benefits granted on | ||||||
23 | or after January 1, 1992, the offset under
this subsection (d) | ||||||
24 | shall not exceed 50% of the amount of widow's annuity
otherwise | ||||||
25 | payable.
| ||||||
26 | (e) Upon the death of a recipient of a widow's annuity the |
| |||||||
| |||||||
1 | excess, if
any, of the member's accumulated contributions plus | ||||||
2 | credited interest over
all annuity payments to the member and | ||||||
3 | widow, exclusive of the $500 lump
sum payment, shall be paid to | ||||||
4 | the named beneficiary of the widow, or if
none has been named, | ||||||
5 | to the estate of the widow, provided no reversionary
annuity is | ||||||
6 | payable.
| ||||||
7 | (f) On January 1, 1981, any recipient of a widow's annuity | ||||||
8 | who was receiving
a widow's annuity on or before January 1, | ||||||
9 | 1971, shall have her widow's annuity
then being paid increased | ||||||
10 | by 1% for each full year which has elapsed from
the date the | ||||||
11 | widow's annuity began. On January 1, 1982, any recipient
of a | ||||||
12 | widow's annuity who began receiving a widow's annuity after | ||||||
13 | January
1, 1971, but before January 1, 1981, shall have her | ||||||
14 | widow's annuity then
being paid increased by 1% for each full | ||||||
15 | year which has elapsed from the
date the widow's annuity began. | ||||||
16 | On January 1, 1987, any recipient of a
widow's annuity who | ||||||
17 | began receiving the widow's annuity on or before January
1, | ||||||
18 | 1977, shall have the monthly widow's annuity increased by $1
| ||||||
19 | for each full year which has elapsed since the date the
annuity | ||||||
20 | began.
| ||||||
21 | (g) Beginning January 1, 1990, every widow's annuity shall | ||||||
22 | be
increased (1) on each January 1 occurring on or after the | ||||||
23 | commencement
of the annuity if the deceased member died while | ||||||
24 | receiving a retirement
annuity, or (2) in other cases, on each | ||||||
25 | January 1 occurring on or after
the first anniversary of the | ||||||
26 | commencement of the annuity, by an amount
equal to 3% of the |
| |||||||
| |||||||
1 | current amount of the annuity, including any previous
increases | ||||||
2 | under this Article. Such increases shall apply without regard | ||||||
3 | to
whether the deceased member was in service on or after the | ||||||
4 | effective date
of Public Act 86-1488, but shall not accrue for | ||||||
5 | any period prior to January
1, 1990.
| ||||||
6 | (Source: P.A. 90-448, eff. 8-16-97.)
| ||||||
7 | (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
| ||||||
8 | Sec. 14-120. Survivors annuities - Conditions for | ||||||
9 | payments. A
survivors annuity is established for all members of | ||||||
10 | the System. Upon
the death of any male person who was a member | ||||||
11 | on July 19, 1961, however,
his widow may have the option of | ||||||
12 | receiving the widow's annuity provided
in this Article, in lieu | ||||||
13 | of the survivors annuity.
| ||||||
14 | (a) A survivors annuity beneficiary, as herein defined, is | ||||||
15 | eligible
for a survivors annuity if the deceased member had | ||||||
16 | completed at least 1
1/2 years of contributing creditable | ||||||
17 | service if death occurred:
| ||||||
18 | (1) while in service;
| ||||||
19 | (2) while on an approved or authorized leave of absence | ||||||
20 | from
service, not exceeding one year continuously; or
| ||||||
21 | (3) while in receipt of a non-occupational disability | ||||||
22 | or an
occupational disability benefit.
| ||||||
23 | (b) If death of the member occurs after withdrawal, the | ||||||
24 | survivors
annuity beneficiary is eligible for such annuity only | ||||||
25 | if the member had
fulfilled at the date of withdrawal the |
| |||||||
| |||||||
1 | prescribed service conditions
for establishing a right in a | ||||||
2 | retirement annuity.
| ||||||
3 | (c) Payment of the survivors annuity shall begin | ||||||
4 | immediately if the
beneficiary is 50 years or over, or upon | ||||||
5 | attainment of age 50 if the
beneficiary is under that age at | ||||||
6 | the date of the member's death. In the
case of survivors of a | ||||||
7 | member whose death occurred between November 1,
1970 and July | ||||||
8 | 15, 1971, the payment of the survivors annuity shall begin
upon | ||||||
9 | October 1, 1977, if the beneficiary is then 50 years of age or
| ||||||
10 | older, or upon the attainment of age 50 if the beneficiary is | ||||||
11 | under that
age on October 1, 1977.
| ||||||
12 | If an eligible child or children, under the care of the | ||||||
13 | spouse also
survive the member, the survivors annuity shall | ||||||
14 | begin immediately
without regard to whether the beneficiary has | ||||||
15 | attained age 50.
| ||||||
16 | Benefits under this Section shall accrue and be payable for | ||||||
17 | whole
calendar months, beginning on the first day of the month | ||||||
18 | after the
initiating event occurs and ending on the last day of | ||||||
19 | the month in which
the terminating event occurs.
| ||||||
20 | (d) A survivor annuity beneficiary means:
| ||||||
21 | (1) A spouse of a member or annuitant if:
| ||||||
22 | (i) in the case of a member or annuitant who dies | ||||||
23 | before the effective
date of this amendatory Act of the | ||||||
24 | 91st General Assembly, the current
marriage with the | ||||||
25 | member or annuitant was in effect for at least
one year | ||||||
26 | at the date of death or withdrawal,
whichever first |
| |||||||
| |||||||
1 | occurs; or
| ||||||
2 | (ii) in the case of a member or annuitant who dies | ||||||
3 | on or after the
effective date of this amendatory Act | ||||||
4 | of the 91st General Assembly, the current
marriage with | ||||||
5 | the member or annuitant was in effect for at least one | ||||||
6 | year
immediately prior to the date of death, regardless | ||||||
7 | of the date of withdrawal.
| ||||||
8 | (2) An unmarried child under age 18 (under age 22 if a | ||||||
9 | full-time
student) of the member or annuitant; an unmarried | ||||||
10 | stepchild under age 18
(under age 22 if a full-time | ||||||
11 | student) who has been such for at least one
year at the | ||||||
12 | date of the member's death or at least one year at the date | ||||||
13 | of
withdrawal, whichever first occurs; an unmarried | ||||||
14 | adopted child under age 18
(under age 22 if a full-time | ||||||
15 | student) if the adoption proceedings were
initiated at | ||||||
16 | least one year prior to the death or withdrawal of the | ||||||
17 | member or
annuitant, whichever first occurs ; and an | ||||||
18 | unmarried child over age 18 if he
or she is dependent by | ||||||
19 | reason of a physical or mental disability, so
long as the | ||||||
20 | physical or mental disability continues. For purposes
of | ||||||
21 | this subsection, disability means inability to engage in
| ||||||
22 | any substantial gainful activity by reason of any medically | ||||||
23 | determinable
physical or mental impairment which can be | ||||||
24 | expected to result in death or which
has lasted or can be | ||||||
25 | expected to last for a continuous period of not less than
| ||||||
26 | 12 months.
|
| |||||||
| |||||||
1 | (3) A dependent parent of the member or annuitant; a | ||||||
2 | dependent
step-parent by a marriage contracted before the | ||||||
3 | member or annuitant
attained age 18; or a dependent | ||||||
4 | adopting parent by whom the member or
annuitant was adopted | ||||||
5 | before he or she attained age 18.
| ||||||
6 | (e) Payment of a survivors annuity to a beneficiary | ||||||
7 | terminates upon:
(1) remarriage before age 55 that occurs | ||||||
8 | before the effective date of this
amendatory Act of the 91st | ||||||
9 | General Assembly or death, if the beneficiary
is a spouse; (2) | ||||||
10 | marriage or death, if the beneficiary is
a child; or (3) | ||||||
11 | remarriage before age 55 or death, if the
beneficiary is a | ||||||
12 | parent.
Remarriage of a prospective beneficiary prior
to the | ||||||
13 | attainment of age 50 disqualifies the beneficiary for the | ||||||
14 | annuity
expectancy hereunder, if the remarriage occurs before | ||||||
15 | the effective
date of this amendatory Act of the 91st General | ||||||
16 | Assembly.
Termination due to marriage or remarriage shall be | ||||||
17 | permanent,
regardless of any future changes in marital status.
| ||||||
18 | The substantive changes made to this subsection by this | ||||||
19 | amendatory Act
of the 91st General Assembly (pertaining to | ||||||
20 | remarriage prior to age 55 or 50)
apply without regard to | ||||||
21 | whether the deceased participant or annuitant was in
service on | ||||||
22 | or after the effective date of this amendatory Act.
| ||||||
23 | Any person whose survivors annuity was terminated during | ||||||
24 | 1978 or
1979 due to remarriage at age 55 or over shall be | ||||||
25 | eligible to apply, not later
than July 1, 1990, for a | ||||||
26 | resumption of that annuity, to begin on July 1, 1990.
|
| |||||||
| |||||||
1 | (f) The term "dependent" relating to a survivors annuity | ||||||
2 | means a
beneficiary of a survivors annuity who was receiving | ||||||
3 | from the member at
the date of the member's death at least 1/2 | ||||||
4 | of the support for
maintenance including board, lodging, | ||||||
5 | medical care and like living costs.
| ||||||
6 | (g) If there is no eligible spouse surviving the member, or | ||||||
7 | if a survivors
annuity beneficiary includes a spouse who dies | ||||||
8 | or is disqualified by
remarriage, the annuity is payable to an | ||||||
9 | unmarried child or
children. If at the date of death of the | ||||||
10 | member there is no spouse or
unmarried child, payments shall be | ||||||
11 | made to a dependent parent or parents.
If no eligible survivors | ||||||
12 | annuity beneficiary survives the member, the
non-occupational | ||||||
13 | death benefit is payable in the manner provided in this
| ||||||
14 | Article.
| ||||||
15 | (h) Survivor benefits do not affect any reversionary | ||||||
16 | annuity.
| ||||||
17 | (i) If a survivors annuity beneficiary becomes entitled to | ||||||
18 | a widow's
annuity or one or more survivors annuities or both | ||||||
19 | such annuities, the
beneficiary shall elect to receive only one | ||||||
20 | of such annuities.
| ||||||
21 | (j) Contributing creditable service under the State | ||||||
22 | Universities Retirement
System and the Teachers' Retirement | ||||||
23 | System of the State of
Illinois shall be considered in | ||||||
24 | determining whether the member has met the
contributing service | ||||||
25 | requirements of this Section.
| ||||||
26 | (k) In lieu of the Survivor's Annuity described in this |
| |||||||
| |||||||
1 | Section, the spouse
of the member has the option to select the | ||||||
2 | Nonoccupational Death
Benefit described in this Article, | ||||||
3 | provided the spouse is the sole survivor
and the sole nominated | ||||||
4 | beneficiary of the member.
| ||||||
5 | (l) The changes made to this Section and Sections 14-118, | ||||||
6 | 14-119, and
14-128 by this amendatory Act of 1997, relating to | ||||||
7 | benefits for certain
unmarried children who are full-time | ||||||
8 | students under age 22, apply without
regard to whether the | ||||||
9 | deceased member was in service on or after the effective
date | ||||||
10 | of this amendatory Act of 1997. These changes do not authorize | ||||||
11 | the
repayment of a refund or a re-election of benefits, and any | ||||||
12 | benefit or increase
in benefits resulting from these changes is | ||||||
13 | not payable retroactively for any
period before the effective | ||||||
14 | date of this amendatory Act of 1997.
| ||||||
15 | (Source: P.A. 90-448, eff. 8-16-97; 91-357, eff. 7-29-99; | ||||||
16 | 91-887, eff. 7-6-00.)
| ||||||
17 | (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
| ||||||
18 | Sec. 14-128. Occupational death benefit. An occupational | ||||||
19 | death
benefit is provided for a member of the System whose | ||||||
20 | death, prior to
retirement, is the proximate result of bodily | ||||||
21 | injuries sustained or a
hazard undergone while in the | ||||||
22 | performance and within the scope of the
member's duties.
| ||||||
23 | (a) Conditions for payment.
| ||||||
24 | Exclusive of the lump sum payment provided for herein, all | ||||||
25 | annuities
under this Section shall accrue and be payable for |
| |||||||
| |||||||
1 | complete calendar
months, beginning on the first day of the | ||||||
2 | month next following the month
in which the initiating event | ||||||
3 | occurs and ending on the last day of the
month in which the | ||||||
4 | terminating event occurs.
| ||||||
5 | The following named survivors of the member
may be eligible | ||||||
6 | for an annuity under this Section:
| ||||||
7 | (i) The member's spouse.
| ||||||
8 | (ii) An unmarried child of the member under age 18 | ||||||
9 | (under age 22 if a
full-time student); an unmarried | ||||||
10 | stepchild under age 18 (under age 22 if a
full-time | ||||||
11 | student) who has been such for at least one year at the | ||||||
12 | date of the
member's death; an unmarried adopted child | ||||||
13 | under age 18 (under age 22 if a
full-time student) if the | ||||||
14 | adoption proceedings were initiated at least one
year prior | ||||||
15 | to the death of the member ; and an unmarried child over age | ||||||
16 | 18 who
is dependent by reason of a physical or mental | ||||||
17 | disability, for so long as such
physical or mental | ||||||
18 | disability continues. For the purposes of this Section
| ||||||
19 | disability means inability to engage in any substantial | ||||||
20 | gainful activity by
reason of any medically determinable | ||||||
21 | physical or mental impairment which can be
expected to | ||||||
22 | result in death or which has lasted or can be expected to | ||||||
23 | last for
a continuous period of not less than 12 months.
| ||||||
24 | (iii) If no spouse or eligible children survive: a | ||||||
25 | dependent parent of
the member; a dependent step-parent by | ||||||
26 | a marriage contracted before the
member attained age 18; or |
| |||||||
| |||||||
1 | a dependent adopting parent by whom the member
was adopted | ||||||
2 | before he or she attained age 18.
| ||||||
3 | The term "dependent" relating to an occupational death
| ||||||
4 | benefit means a survivor of the member who was receiving from | ||||||
5 | the member
at the date of the member's death at least 1/2 of | ||||||
6 | the support for maintenance
including board, lodging, medical | ||||||
7 | care and like living costs.
| ||||||
8 | Payment of the annuity shall continue until the occurrence | ||||||
9 | of the following:
| ||||||
10 | (1) remarriage before age 55 that occurs before the | ||||||
11 | effective date of
this amendatory Act of the 91st General | ||||||
12 | Assembly or death, in the case of a
surviving spouse;
| ||||||
13 | (2) attainment of age 18 or termination of disability,
| ||||||
14 | death, or marriage, in the case of an eligible child;
| ||||||
15 | (3) remarriage before age 55 or death, in the case of a
| ||||||
16 | dependent parent.
| ||||||
17 | If none of the aforementioned beneficiaries is living at | ||||||
18 | the date of
death of the member, no occupational death benefit | ||||||
19 | shall be payable, but
the nonoccupational death benefit shall | ||||||
20 | be payable as provided in this
Article.
| ||||||
21 | The change made to this subsection by this amendatory Act | ||||||
22 | of the 91st
General Assembly (pertaining to remarriage prior to | ||||||
23 | age 55) applies without
regard to whether the deceased member | ||||||
24 | was in service on or after the effective
date of this | ||||||
25 | amendatory Act.
| ||||||
26 | (b) Amount of benefit.
|
| |||||||
| |||||||
1 | The member's accumulated contributions plus credited | ||||||
2 | interest shall
be payable in a lump sum to such person as the | ||||||
3 | member has nominated by
written direction, duly acknowledged | ||||||
4 | and filed with the Board, or if no
such nomination to the | ||||||
5 | estate of the member. When an annuitant is
re-employed by a | ||||||
6 | Department, the accumulated contributions plus credited
| ||||||
7 | interest payable on the member's account shall, if the member | ||||||
8 | has not
previously elected a reversionary annuity, consist of | ||||||
9 | the excess, if
any, of the member's total accumulated | ||||||
10 | contributions plus credited
interest for all creditable | ||||||
11 | service over the total amount of all
retirement annuity | ||||||
12 | payments received by the member prior to death.
| ||||||
13 | In addition to the foregoing payment, an annuity is | ||||||
14 | provided for
eligible survivors as follows:
| ||||||
15 | (1) If the survivor is a spouse only, the annuity shall | ||||||
16 | be
50% of the member's final average compensation.
| ||||||
17 | (2) If the spouse has in his or her care an eligible | ||||||
18 | child or
children, the annuity shall be increased by an | ||||||
19 | amount equal to 15% of the
final average compensation on | ||||||
20 | account of each such child, subject to a
limitation on the | ||||||
21 | combined annuities to a surviving spouse and children
of | ||||||
22 | 75% of final average compensation.
| ||||||
23 | (3) If there is no surviving spouse, or if the | ||||||
24 | surviving
spouse dies or remarries while a child remains | ||||||
25 | eligible, then each such
child shall be entitled to an | ||||||
26 | annuity of 15% of the deceased member's
final average |
| |||||||
| |||||||
1 | compensation, subject to a limitation of 50% of final
| ||||||
2 | average compensation to all such children.
| ||||||
3 | (4) If there is no surviving spouse or eligible | ||||||
4 | children,
then an annuity shall be payable to the member's | ||||||
5 | dependent parents,
equal to 25% of final average | ||||||
6 | compensation to each such beneficiary.
| ||||||
7 | If any annuity payable under this Section is less than the | ||||||
8 | corresponding
survivors annuity, the beneficiary or | ||||||
9 | beneficiaries of the annuity under this
Section may elect to | ||||||
10 | receive the survivors annuity and the nonoccupational
death | ||||||
11 | benefit provided for in this Article in lieu of the annuity | ||||||
12 | provided
under this Section.
| ||||||
13 | (c) Occupational death claims pending adjudication by the | ||||||
14 | Illinois Workers' Compensation
Commission or a ruling by the | ||||||
15 | agency responsible for determining the liability
of the State | ||||||
16 | under the "Workers' Compensation Act" or "Workers' | ||||||
17 | Occupational
Diseases Act" shall be payable under Sections | ||||||
18 | 14-120 and 14-121 until a ruling or adjudication
occurs, if the | ||||||
19 | beneficiary or beneficiaries: (1) meet all conditions for
| ||||||
20 | payment as prescribed in this Article; and (2) execute an | ||||||
21 | assignment of
benefits payable as a result of adjudication by | ||||||
22 | the Illinois Workers' Compensation Commission or
a ruling by | ||||||
23 | the agency responsible for determining the liability of the | ||||||
24 | State
under such Acts. The assignment shall be made to the | ||||||
25 | System and shall be for
an amount equal to the excess of | ||||||
26 | benefits paid under Sections 14-120 and
14-121 over benefits
|
| |||||||
| |||||||
1 | payable as a result of adjudication of the workers' | ||||||
2 | compensation claim
computed from the date of death of the | ||||||
3 | member.
| ||||||
4 | (d) Every occupational death annuity payable under this | ||||||
5 | Section shall
be increased on each January 1 occurring on or | ||||||
6 | after (i) January 1, 1990, or
(ii) the first anniversary of the | ||||||
7 | commencement of the annuity, whichever
occurs later, by an | ||||||
8 | amount equal to 3% of the current amount of the
annuity, | ||||||
9 | including any previous increases under this Article, without
| ||||||
10 | regard to whether the deceased member was in service on the | ||||||
11 | effective date
of this amendatory Act of 1991.
| ||||||
12 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
13 | (40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)
| ||||||
14 | Sec. 15-129. Child.
| ||||||
15 | "Child": The child of a participant or an annuitant, | ||||||
16 | including a child born out of wedlock, a stepchild who has been | ||||||
17 | such for not less than 1 year
immediately preceding the death | ||||||
18 | of the participant or annuitant, and an
adopted child , if the | ||||||
19 | proceedings for adoption were initiated at least 1
year before | ||||||
20 | the death or retirement of the participant or annuitant .
| ||||||
21 | (Source: P.A. 94-229, eff. 1-1-06.)
| ||||||
22 | (40 ILCS 5/18-128) (from Ch. 108 1/2, par. 18-128)
| ||||||
23 | Sec. 18-128. Survivor's annuities; Conditions for payment.
| ||||||
24 | (a) A survivor's annuity shall be payable upon the death of |
| |||||||
| |||||||
1 | a
participant while in service after June 30, 1967 if the | ||||||
2 | participant had at
least 1 1/2 years of service credit as a | ||||||
3 | judge, or upon death of an
inactive participant who had | ||||||
4 | terminated service as a judge on or after June
30, 1967 with at | ||||||
5 | least 10 years of service credit, or upon the death of an
| ||||||
6 | annuitant whose retirement becomes effective after June 30, | ||||||
7 | 1967.
| ||||||
8 | (b) The surviving spouse of a deceased participant or | ||||||
9 | annuitant is
entitled to a survivor's annuity beginning at the | ||||||
10 | date of death if the
surviving spouse (1) has been married to | ||||||
11 | the participant or annuitant for a
continuous period of at | ||||||
12 | least one year immediately preceding the date of
death, and (2) | ||||||
13 | has attained age 50, or, regardless of age, has in his or
her | ||||||
14 | care an eligible child or children of the decedent as provided | ||||||
15 | under
subsections (c) and (d) of this Section. If the surviving | ||||||
16 | spouse has no
such child in his or her care and has not | ||||||
17 | attained age 50, the survivor's
annuity shall begin upon | ||||||
18 | attainment of age 50. When all such children of
the deceased | ||||||
19 | who are in the care of the surviving spouse no longer qualify
| ||||||
20 | for benefits and the surviving spouse is under 50 years of age, | ||||||
21 | the
surviving spouse's annuity shall be suspended until he or | ||||||
22 | she attains age 50.
| ||||||
23 | (c) A child's annuity is payable for an unmarried child of | ||||||
24 | an
annuitant or participant so long as the child is (i) under | ||||||
25 | age 18,
(ii) under age 22 and a full time student, or (iii) age | ||||||
26 | 18 or over
if dependent by reason of physical or mental |
| |||||||
| |||||||
1 | disability. Disability means
inability to engage in any | ||||||
2 | substantial gainful activity by reason of any
medically | ||||||
3 | determinable physical or mental impairment which can expected | ||||||
4 | to
result in death or which has lasted or can be expected to | ||||||
5 | last for a
continuous period of not less than 12 months.
| ||||||
6 | (d) (Blank)
Adopted children shall have the same status as | ||||||
7 | natural children, but
only if the proceedings for adoption were | ||||||
8 | commenced at least 6 months prior
to the death of the annuitant | ||||||
9 | or participant .
| ||||||
10 | (e) Remarriage prior to attainment of age 50 that occurs | ||||||
11 | before the
effective date of this amendatory Act of the 91st | ||||||
12 | General Assembly shall
disqualify a surviving spouse for the | ||||||
13 | receipt of a survivor's annuity.
| ||||||
14 | The change made to this subsection by this amendatory Act | ||||||
15 | of the 91st
General Assembly applies without regard to whether | ||||||
16 | the deceased judge was
in service on or after the effective | ||||||
17 | date of this amendatory Act of the 91st
General Assembly.
| ||||||
18 | (f) The changes made in survivor's annuity provisions by | ||||||
19 | Public Act
82-306 shall apply to the survivors of a deceased | ||||||
20 | participant or annuitant
whose death occurs on or after August | ||||||
21 | 21, 1981 and whose service as a judge
terminates on or after | ||||||
22 | July 1, 1967.
| ||||||
23 | The provision of child's annuities for dependent students | ||||||
24 | under age 22
by this amendatory Act of 1991 shall apply to all | ||||||
25 | eligible students
beginning January 1, 1992, without regard to | ||||||
26 | whether the deceased judge was
in service on or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act.
| ||||||
2 | (Source: P.A. 91-887, eff. 7-6-00.)
| ||||||
3 | (40 ILCS 5/19-115) (from Ch. 108 1/2, par. 19-115)
| ||||||
4 | Sec. 19-115. Marriage of beneficiary.
| ||||||
5 | When any contributor to said fund, who has been in the | ||||||
6 | service of the
house of correction for a period of 20 years, | ||||||
7 | has contributed to said fund
for the same period and has | ||||||
8 | retired and become a beneficiary under "The
1911 Act" or this | ||||||
9 | Division, shall then marry, such wife of such marriage
shall | ||||||
10 | after his death receive no benefit nor annuity from said fund.
| ||||||
11 | Any widow or child or children receiving benefits or | ||||||
12 | annuities, under
"The 1911 Act", shall continue to receive such | ||||||
13 | benefits or annuities, which
shall be increased from $480 per | ||||||
14 | year to not more than $720 per year and
paid in accordance with | ||||||
15 | the provisions of Section 19--110 of this Division.
| ||||||
16 | The term "child" or "children" under this Division shall | ||||||
17 | not include
adopted child or children, nor shall it include a | ||||||
18 | stepchild or stepchildren
of any contributor to aforesaid | ||||||
19 | pension fund.
| ||||||
20 | (Source: Laws 1963, p. 161.)
| ||||||
21 | Section 90. The State Mandates Act is amended by adding | ||||||
22 | Section 8.31 as follows: | ||||||
23 | (30 ILCS 805/8.31 new) |
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1 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | of this Act, no reimbursement by the State is required for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | implementation of any mandate created by this amendatory Act of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | the 95th General Assembly.
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