Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/9-121.7

(40 ILCS 5/9-121.7) (from Ch. 108 1/2, par. 9-121.7)

Sec. 9-121.7.

Alternative survivor's benefits for survivors of county
officers.  In lieu of the survivor's benefits otherwise payable under this
Article, the spouse or eligible child of any deceased county officer
elected by vote of the people who (1) had elected to participate in the
Fund, and (2) was either making additional optional contributions in
accordance with Section 9-121.6 on the date of death, or was receiving
an annuity calculated under that Section at the time of death, may elect to
receive an annuity beginning on the date of the
elected county officer's death, provided that the spouse and officer must
have been married on the date of the last termination of his or her service
as an elected county officer and for a continuous period of at least one year
immediately preceding his or her death.

The annuity shall be payable beginning on the date of the elected
county officer's death if the spouse is then age 50 or over, or beginning
at age 50 if the age of the spouse is less than 50 years.  If a minor
unmarried child or children of the county officer, under age 18, also
survive, and the child or children are under the care of the eligible
spouse, the annuity shall begin as of the date of death of the elected county
officer without regard to the spouse's age.

The annuity to a spouse shall be 66 2/3% of the amount of retirement
annuity earned by the elected county officer on the date of death, subject to a
minimum payment of 10% of salary, provided that if an eligible spouse,
regardless of age, has in his or her care at the date of death of the
elected county officer any unmarried child or children of the county
officer, under age 18, the minimum annuity shall be 30% of the elected
officer's salary, plus 10% of salary on account of each minor child
of the elected county officer, subject to a combined total payment on
account of a spouse and minor children not to exceed 50% of the deceased
officer's salary.  In the event there shall be no spouse
of the elected county officer surviving, or should a
spouse remarry or die while eligible minor children still survive the
elected county officer, each such child shall be entitled to an annuity
equal to 20% of salary of the elected officer subject to a combined total
payment on account of all such children not to exceed 50% of salary of the
elected county officer.  The salary to be used in the calculation of these
benefits shall be the same as that prescribed for determining a retirement
annuity as provided in Section 9-121.6.

Upon the death of an elected county officer occurring after termination
of service or while in receipt of a retirement annuity, the combined total
payment to a spouse and minor children, or to minor children alone if no
eligible spouse survives, shall be limited to 75% of the amount of
retirement annuity earned by the county officer.

Marriage of a child or attainment of age 18, whichever first occurs,
shall render the child ineligible for further consideration in the payment
of an annuity to a spouse or in the increase in the amount thereof.  Upon
attainment of ineligibility of the youngest minor child of the elected
county officer, the annuity shall immediately revert to the amount payable
upon death of an elected county officer leaving no minor children surviving
him or her.  If the spouse is under age 50 at such time, the annuity as
revised shall be deferred until such age is attained.  Remarriage of a
widow or widower prior to attainment of age 55 shall disqualify the spouse
from the receipt of an annuity.

(Source: P.A. 95-279, eff. 1-1-08.)