Illinois Compiled Statutes
ILCS Listing
Public
Acts Search
Guide
Disclaimer
Information maintained by the Legislative
Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
40 ILCS 5/2-121
(40 ILCS 5/2-121) (from Ch. 108 1/2, par. 2-121)
Sec. 2-121. Survivor's annuity - conditions for payment.
(a) A survivor's annuity shall be payable to a surviving spouse or
eligible child (1) upon the death in service of a participant with at least
2 years of service credit, or (2) upon the death of an annuitant in receipt
of a retirement annuity, or (3) upon the death of a participant who terminated
service with at least 4 years of service credit.
The change in this subsection (a) made by this amendatory Act of 1995
applies to survivors of participants who die on or after December 1, 1994,
without regard to whether or not the participant was in service on or after
the effective date of this amendatory Act of 1995.
(b) To be eligible for the survivor's annuity, the spouse and the
participant or annuitant must have been married for a continuous period of at
least one year immediately preceding the date of death, but need not have
been married on the day of the participant's last termination of service,
regardless of whether such termination occurred prior to the effective date
of this amendatory Act of 1985.
(c) The annuity shall be payable beginning on the date of a
participant's death, or the first of the month following an annuitant's
death, if the spouse is then age 50 or over, or beginning at age 50 if the
spouse is then under age 50. If an eligible child or children of the
participant or annuitant (or a child or children of the eligible spouse
meeting the criteria of item (1), (2), or (3) of subsection (d) of this
Section) also survive, and the child or children are under
the care of the eligible spouse, the annuity shall begin as of the date of
a participant's death, or the first of the month following an annuitant's
death, without regard to the spouse's age.
The change to this subsection made by this amendatory Act of 1998
(relating to children of an eligible spouse) applies to the eligible spouse
of a participant or annuitant who dies on or after the effective date of this
amendatory Act, without regard to whether the participant or annuitant is in
service on or after that effective date.
(c-5) Upon the death in service of a participant during the 90th General Assembly, the survivor's annuity shall be payable prior to age 50, notwithstanding subsection (c) of this Section, provided that the deceased participant had at least 6 years of service. This subsection (c-5) applies to the eligible spouse of a deceased participant without regard to whether the deceased participant was in service on or after the effective date of this amendatory Act of the 96th General Assembly, and retroactive benefits may be paid for periods of eligibility after February 28, 2009. (d) For the purposes of this Section and Section 2-121.1, "eligible child"
means a child of the deceased participant or annuitant
who is at least one of the following:
(1) unmarried and under the age of 18;
(2) unmarried, a full-time student, and under the age | |
(3) dependent by reason of physical or mental
| |
The inclusion of unmarried students under age 22 in the calculation of
survivor's annuities by this amendatory Act of 1991 shall apply to all
eligible students beginning January 1, 1992, without regard to whether the
deceased participant or annuitant was in service on or after the effective
date of this amendatory Act of 1991.
(e) Remarriage of a surviving spouse prior to attainment of age 55
shall disqualify the surviving spouse from the receipt of a survivor's
annuity, if the remarriage occurs before the effective date of this
amendatory Act of the 91st General Assembly.
The changes made to this subsection by this amendatory Act of the 91st
General Assembly (pertaining to remarriage prior to age 55) apply without
regard to whether the deceased participant or annuitant was in service on or
after the effective date of this amendatory Act.
(Source: P.A. 95-279, eff. 1-1-08; 96-775, eff. 8-28-09.)
|
|
