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90_HB3072
40 ILCS 5/14-120 from Ch. 108 1/2, par. 14-120
40 ILCS 5/14-128 from Ch. 108 1/2, par. 14-128
Amends the State Employee Article of the Pension Code to
restore benefits to certain surviving spouses of State police
officers whose pensions were terminated upon remarriage.
Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 14-120 and 14-128.
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 Sections 14-120 and 14-128 as follows:
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
10 of the System. Upon the death of any male person who was a
11 member on July 19, 1961, however, his widow may have the
12 option of receiving the widow's annuity provided in this
13 Article, in lieu of the survivors annuity.
14 (a) A survivors annuity beneficiary, as herein defined,
15 is eligible for a survivors annuity if the deceased member
16 had 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
20 absence from service, not exceeding one year
21 continuously; or
22 (3) while in receipt of a non-occupational
23 disability or an occupational disability benefit.
24 (b) If death of the member occurs after withdrawal, the
25 survivors annuity beneficiary is eligible for such annuity
26 only if the member had fulfilled at the date of withdrawal
27 the prescribed service conditions for establishing a right in
28 a retirement annuity.
29 (c) Payment of the survivors annuity shall begin
30 immediately if the beneficiary is 50 years or over, or upon
31 attainment of age 50 if the beneficiary is under that age at
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1 the date of the member's death. In the case of survivors of a
2 member whose death occurred between November 1, 1970 and July
3 15, 1971, the payment of the survivors annuity shall begin
4 upon October 1, 1977, if the beneficiary is then 50 years of
5 age or older, or upon the attainment of age 50 if the
6 beneficiary is under that age on October 1, 1977.
7 If an eligible child or children, under the care of the
8 spouse also survive the member, the survivors annuity shall
9 begin immediately without regard to whether the beneficiary
10 has attained age 50.
11 Benefits under this Section shall accrue and be payable
12 for whole calendar months, beginning on the first day of the
13 month after the initiating event occurs and ending on the
14 last day of the month in which the terminating event occurs.
15 (d) A survivor annuity beneficiary means:
16 (1) A spouse of a member or annuitant if the
17 current marriage with the member was in effect at least
18 one year at the date of the member's death or at least
19 one year at the date of his or her withdrawal, whichever
20 first occurs.
21 (2) An unmarried child under age 18 (under age 22
22 if a full-time student) of the member or annuitant; an
23 unmarried stepchild under age 18 (under age 22 if a
24 full-time student) who has been such for at least one
25 year at the date of the member's death or at least one
26 year at the date of withdrawal, whichever first occurs;
27 an unmarried adopted child under age 18 (under age 22 if
28 a full-time student) if the adoption proceedings were
29 initiated at least one year prior to the death or
30 withdrawal of the member or annuitant, whichever first
31 occurs; and an unmarried child over age 18 if he or she
32 is dependent by reason of a physical or mental
33 disability, so long as the physical or mental disability
34 continues. For purposes of this subsection, disability
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1 means inability to engage in any substantial gainful
2 activity by reason of any medically determinable physical
3 or mental impairment which can be expected to result in
4 death or which has lasted or can be expected to last for
5 a continuous period of not less than 12 months.
6 (3) A dependent parent of the member or annuitant;
7 a dependent step-parent by a marriage contracted before
8 the member or annuitant attained age 18; or a dependent
9 adopting parent by whom the member or annuitant was
10 adopted before he or she attained age 18.
11 (e) Payment of a survivors annuity to a beneficiary
12 terminates upon: (1) remarriage before age 55 or death, if
13 the beneficiary is of a spouse; (2) marriage or death, if the
14 beneficiary is of a child; or (3) remarriage before age 55 or
15 death, if the beneficiary is of a parent terminates the
16 survivors annuity payable on account of such beneficiary.
17 Remarriage of a prospective beneficiary prior to the
18 attainment of age 50 disqualifies the beneficiary for the
19 annuity expectancy hereunder. Termination due to a marriage
20 or remarriage shall be permanent regardless of any future
21 changes in marital status. However, this subsection is
22 subject to the provisions of subsections (e-1) and (e-2).
23 (e-1) Any person whose survivors annuity was terminated
24 during 1978 or 1979 due to remarriage at age 55 or over shall
25 be eligible to apply, not later than July 1, 1990, for a
26 resumption of that annuity, to begin on July 1, 1990.
27 (e-2) This subsection applies only to the surviving
28 spouse of a person who dies while in service as a State
29 policeman or withdraws from service with at least 20 years of
30 eligible creditable service as a State policeman. This
31 subsection is not limited to cases where the deceased member
32 was in service on or after the effective date of this
33 amendatory Act of 1998.
34 The provisions of subsections (e) and (g) of this Section
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1 terminating the annuity or expectation of an annuity of a
2 surviving spouse due to remarriage do not apply to surviving
3 spouses to whom this subsection (e-2) applies.
4 A surviving spouse whose survivors annuity has been
5 terminated at any time due to remarriage may apply to have
6 the annuity reinstated. If, at the time of application, the
7 annuity is not payable to an eligible surviving child or
8 parent, payment to the surviving spouse shall be reinstated
9 effective on the first day of the month following the month
10 in which the completed application is received by the Board.
11 If, at the time of application, the annuity is payable to an
12 eligible surviving child or parent, payment of the annuity to
13 the surviving spouse shall not be reinstated until the
14 pension is no longer payable to any surviving child or
15 parent. A surviving spouse whose expectation of receiving a
16 survivors annuity was terminated due to remarriage before
17 attainment of age 50 shall also be entitled to reinstatement
18 under this subsection, except that the resulting survivors
19 annuity shall not become payable sooner than upon the
20 surviving spouse's attainment of age 50. The reinstated
21 annuity shall include any one-time or annual increases
22 received prior to the date of termination, but shall not
23 include any increases that would otherwise have accrued from
24 the date of termination to the date of reinstatement.
25 (f) The term "dependent" relating to a survivors annuity
26 means a beneficiary of a survivors annuity who was receiving
27 from the member at the date of the member's death at least
28 1/2 of the support for maintenance including board, lodging,
29 medical care and like living costs.
30 (g) If there is no eligible spouse surviving the member,
31 or if a survivors annuity beneficiary includes a spouse who
32 dies or remarries (except as provided in subsection (e-2) of
33 this Section), the annuity is payable to an unmarried child
34 or children. If at the date of death of the member there is
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1 no spouse or unmarried child, payments shall be made to a
2 dependent parent or parents. If no eligible survivors
3 annuity beneficiary survives the member, the non-occupational
4 death benefit is payable in the manner provided in this
5 Article.
6 (h) Survivor benefits do not affect any reversionary
7 annuity.
8 (i) If a survivors annuity beneficiary becomes entitled
9 to a widow's annuity or one or more survivors annuities or
10 both such annuities, the beneficiary shall elect to receive
11 only one of such annuities.
12 (j) Contributing creditable service under the State
13 Universities Retirement System and the Teachers Retirement
14 System of the State of Illinois shall be considered in
15 determining whether the member has met the contributing
16 service requirements of this Section.
17 (k) In lieu of the Survivor's Annuity described in this
18 Section, the spouse of the member has the option to select
19 the Nonoccupational Death Benefit described in this Article,
20 provided the spouse is the sole survivor and the sole
21 nominated beneficiary of the member.
22 (l) The changes made to this Section and Sections
23 14-118, 14-119, and 14-128 by this amendatory Act of 1997,
24 relating to benefits for certain unmarried children who are
25 full-time students under age 22, apply without regard to
26 whether the deceased member was in service on or after the
27 effective date of this amendatory Act of 1997. These changes
28 do not authorize the repayment of a refund or a re-election
29 of benefits, and any benefit or increase in benefits
30 resulting from these changes is not payable retroactively for
31 any period before the effective date of this amendatory Act
32 of 1997.
33 (Source: P.A. 90-448, eff. 8-16-97.)
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1 (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
2 Sec. 14-128. Occupational death benefit. An
3 occupational death benefit is provided for a member of the
4 System whose death, prior to retirement, is the proximate
5 result of bodily injuries sustained or a hazard undergone
6 while in the performance and within the scope of the member's
7 duties.
8 (a) Conditions for payment.
9 Exclusive of the lump sum payment provided for herein,
10 all annuities under this Section shall accrue and be payable
11 for complete calendar months, beginning on the first day of
12 the month next following the month in which the initiating
13 event occurs and ending on the last day of the month in which
14 the terminating event occurs.
15 The following named survivors of the member may be
16 eligible for an annuity under this Section:
17 (i) The member's spouse.
18 (ii) An unmarried child of the member under age 18
19 (under age 22 if a full-time student); an unmarried
20 stepchild under age 18 (under age 22 if a full-time
21 student) who has been such for at least one year at the
22 date of the member's death; an unmarried adopted child
23 under age 18 (under age 22 if a full-time student) if the
24 adoption proceedings were initiated at least one year
25 prior to the death of the member; and an unmarried child
26 over age 18 who is dependent by reason of a physical or
27 mental disability, for so long as such physical or mental
28 disability continues. For the purposes of this Section
29 disability means inability to engage in any substantial
30 gainful activity by reason of any medically determinable
31 physical or mental impairment which can be expected to
32 result in death or which has lasted or can be expected to
33 last for a continuous period of not less than 12 months.
34 (iii) If no spouse or eligible children survive: a
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1 dependent parent of the member; a dependent step-parent
2 by a marriage contracted before the member attained age
3 18; or a dependent adopting parent by whom the member was
4 adopted before he or she attained age 18.
5 The term "dependent" relating to an Occupational Death
6 Benefit means a survivor of the member who was receiving from
7 the member at the date of the member's death at least 1/2 of
8 the support for maintenance including board, lodging, medical
9 care and like living costs.
10 Payment of the annuity shall continue until the
11 occurrence of the following:
12 (1) remarriage before age 55 or death, in the case
13 of a surviving spouse, except as provided in subsection
14 (a-5);
15 (2) attainment of age 18 or termination of
16 disability, death, or marriage, in the case of an
17 eligible child;
18 (3) remarriage before age 55 or death, in the case
19 of a dependent parent.
20 If none of the aforementioned beneficiaries is living at
21 the date of death of the member, no occupational death
22 benefit shall be payable, but the nonoccupational death
23 benefit shall be payable as provided in this Article.
24 (a-5) This subsection applies only to the surviving
25 spouse of a person who dies while in service as a State
26 policeman. This subsection is not limited to cases where the
27 deceased member was in service on or after the effective date
28 of this amendatory Act of 1998.
29 The provisions of subdivisions (a)(1) and (b)(3) of this
30 Section terminating the annuity of a surviving spouse due to
31 remarriage do not apply to surviving spouses to whom this
32 subsection (a-5) applies.
33 A surviving spouse whose occupational death benefit
34 annuity has been terminated at any time due to remarriage may
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1 apply to have the annuity reinstated. If, at the time of
2 application, the annuity is not payable to an eligible
3 surviving child or parent, payment to the surviving spouse
4 shall be reinstated effective on the first day of the month
5 following the month in which the completed application is
6 received by the Board. If, at the time of application, the
7 annuity is payable to an eligible surviving child or parent,
8 payment of the annuity to the surviving spouse shall not be
9 reinstated until the pension is no longer payable to any
10 surviving child or parent. The reinstated annuity shall
11 include any one-time or annual increases received prior to
12 the date of termination, but shall not include any increases
13 that would otherwise have accrued from the date of
14 termination to the date of reinstatement.
15 (b) Amount of benefit.
16 The member's accumulated contributions plus credited
17 interest shall be payable in a lump sum to such person as the
18 member has nominated by written direction, duly acknowledged
19 and filed with the Board, or if no such nomination to the
20 estate of the member. When an annuitant is re-employed by a
21 Department, the accumulated contributions plus credited
22 interest payable on the member's account shall, if the member
23 has not previously elected a reversionary annuity, consist of
24 the excess, if any, of the member's total accumulated
25 contributions plus credited interest for all creditable
26 service over the total amount of all retirement annuity
27 payments received by the member prior to death.
28 In addition to the foregoing payment, an annuity is
29 provided for eligible survivors as follows:
30 (1) If the survivor is a spouse only, the annuity
31 shall be 50% of the member's final average compensation.
32 (2) If the spouse has in his or her care an
33 eligible child or children, the annuity shall be
34 increased by an amount equal to 15% of the final average
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1 compensation on account of each such child, subject to a
2 limitation on the combined annuities to a surviving
3 spouse and children of 75% of final average compensation.
4 (3) If there is no surviving spouse, or if the
5 surviving spouse dies or remarries (except as provided in
6 subsection (a-5) of this Section) while a child remains
7 eligible, then each such child shall be entitled to an
8 annuity of 15% of the deceased member's final average
9 compensation, subject to a limitation of 50% of final
10 average compensation to all such children.
11 (4) If there is no surviving spouse or eligible
12 children, then an annuity shall be payable to the
13 member's dependent parents, equal to 25% of final average
14 compensation to each such beneficiary.
15 If any annuity payable under this Section is less than
16 the corresponding survivors annuity, the beneficiary or
17 beneficiaries of the annuity under this Section may elect to
18 receive the survivors annuity and the Nonoccupational Death
19 Benefit provided for in this Article in lieu of the annuity
20 provided under this Section.
21 (c) Occupational death claims pending adjudication by
22 the Industrial Commission or a ruling by the agency
23 responsible for determining the liability of the State under
24 the "Workers' Compensation Act" or "Workers' Occupational
25 Diseases Act" shall be payable under the Survivor's Annuity
26 Section 14-121 of this Article until a ruling or adjudication
27 occurs if the beneficiary or beneficiaries: (1) meet all
28 conditions for payment as prescribed in this Article; and (2)
29 execute an assignment of benefits payable as a result of
30 adjudication by the Industrial Commission or a ruling by the
31 agency responsible for determining the liability of the State
32 under such Acts. The assignment shall be made to the System
33 and shall be for an amount equal to the excess of benefits
34 paid under the Survivor's Annuity Section 14-121 of this
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1 Article over benefits payable as a result of adjudication of
2 the Workers' Compensation claim computed from the date of
3 death of the 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
7 the commencement of the annuity, whichever occurs later, by
8 an 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. 90-448, eff. 8-16-97.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.