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
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
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 5/9-166)
(from Ch. 108 1/2, par. 9-166)
Refunds - when paid to beneficiary, children or estate.
Whenever the total amount accumulated to the account of a deceased
employee from employee contributions for
annuity purposes, and from
employee contributions applied to any county pension fund superseded by
this fund, have not been paid to him, and in the case of a married male
employee to the employee and his widow together, in form of annuity or
refund before the death of the last of such persons, a refund shall be
payable as follows:
An amount equal to the excess of such amounts over the amounts paid
on any annuity or annuities or refund, without interest upon either of
such amounts, shall be refunded to a beneficiary theretofore designated
by the employee in writing, signed by him, and filed with the board before the employee's
If there is no designated beneficiary or the beneficiary does not
survive the employee, the amount shall be refunded to the employee's
children, in equal parts with the children of a deceased child taking
the share of their parent. If there is no designated beneficiary or
children, the refund shall be paid to the administrator or executor of
the employee's estate.
If an administrator or executor of the estate has not been appointed
within 90 days from the date the refund became payable the refund may be
applied in the discretion of the board toward the payment of the
employee's burial expenses. Any remaining balance shall be paid to the
heirs of the employee according to the law of descent and distribution
of this state but assuming for the purpose of such payment of refund and
determination of heirs that the deceased male employee left no widow
surviving in those cases where a widow eligible for widow's annuity as
his widow survived him and subsequently died; provided,
(a) that if any child or children of the employee are
less than age 18, such part or all of any such amount necessary to pay annuities to them shall not be refunded as hereinbefore stated; and provided further,
(b) that if a reversionary annuity becomes payable as
provided in Section 9-135 such refund shall not be paid until the death of the reversionary annuitant, and the refund otherwise payable under this section shall then first further be reduced by the total amount of the reversionary annuity paid.
(Source: P.A. 99-578, eff. 7-15-16.)