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90_HB2039
40 ILCS 5/16-141 from Ch. 108 1/2, par. 16-141
Amends the Downstate Teacher Article of the Pension Code
to accelerate the payment of a survivor's benefit for certain
surviving spouses between ages 50 and 55. Effective
immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 16-141.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 16-141 as follows:
7 (40 ILCS 5/16-141) (from Ch. 108 1/2, par. 16-141)
8 Sec. 16-141. Survivors' benefits - death in service.
9 (a) Upon the death of a member in service occurring on
10 or after July 1, 1990, a beneficiary designated by the member
11 shall be entitled to receive, in a single sum, for each
12 completed year of service up to a maximum of 6 years, an
13 amount equal to 1/6 of the member's highest annual salary
14 rate within the last 4 years of service. If death occurs
15 prior to completion of the first year of service, the
16 beneficiary shall be entitled to receive, in a single sum,
17 an amount equal to 1/6 of the most recent annual salary rate.
18 If no beneficiary is designated by the member or if no
19 designated beneficiary survives the member, the single sum
20 benefit under this paragraph shall be paid to the eligible
21 dependent beneficiary or to the trust established for such
22 eligible dependent beneficiary, as determined under paragraph
23 (3) of Section 16-140, or, if there is no dependent
24 beneficiary, to the decedent's estate upon receipt of proper
25 proof of death.
26 (b) If the deceased member had at least 1.5 years of
27 creditable service, had rendered at least 60 days of
28 creditable service within the 18 months immediately preceding
29 death and had not designated a non-dependent beneficiary who
30 survives, a dependent beneficiary may elect to receive,
31 instead of the benefit under subsection (a) of this Section,
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1 a single sum payment of $1,000, divided by the number of such
2 beneficiaries, together with a survivor's benefit as
3 specified under the following paragraphs:
4 (1) A surviving spouse, if no eligible children
5 exist, shall receive a survivor's benefit of 30% of
6 average salary, beginning at age 50 or upon the date of
7 the member's death, whichever is later, except that if
8 the member's death occurred before July 1, 1973 and the
9 surviving spouse is less than age 55 on the effective
10 date of this amendatory Act of 1997, the survivor's
11 benefit shall begin on the effective date of this
12 amendatory Act of 1997 or upon the surviving spouse's
13 attainment of age 50, whichever occurs later at age 55.
14 (2) A surviving spouse, regardless of age, who is
15 providing for the support of the deceased member's
16 eligible child, shall receive a survivor's benefit of 30%
17 of average salary, plus the sum of (A) 20% of average
18 salary on account of each dependent child, and (B) 10% of
19 average salary divided by the number of children entitled
20 to this benefit.
21 (3) Each eligible child, if there is no eligible
22 surviving spouse, shall receive upon the death of the
23 member a survivor's benefit equal to the sum of: (A) 20%
24 of average salary, and (B) 10% of average salary divided
25 by the number of children entitled to this benefit.
26 (4) A dependent parent shall receive upon
27 attainment of age 55 or the date of the member's death,
28 whichever is later, a survivor's benefit of 30% of
29 average salary, unless dependency is terminated by
30 remarriage or otherwise.
31 (c) No election under this Section may be made by a
32 dependent beneficiary if a non-dependent beneficiary
33 designated by the member survives such member.
34 (d) Notwithstanding the other provisions of this
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1 Section, if the member is in receipt of a benefit at the time
2 of his or her death, a dependent beneficiary shall receive a
3 survivor benefit beginning the first of the month following
4 the death of the member.
5 (e) In cases where the changes to this Section or
6 Section 16-142 made by Public Act 87-1265 this amendatory Act
7 of 1993 increase the amount of a single-sum death benefit
8 that has already been paid by the System, the System shall
9 pay to the beneficiary the amount of the increase provided by
10 this amendatory Act.
11 (Source: P.A. 86-273; 87-1265.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.