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90_SB0669
40 ILCS 5/14-118 from Ch. 108 1/2, par. 14-118
40 ILCS 5/14-119 from Ch. 108 1/2, par. 14-119
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
40 ILCS 5/15-131 from Ch. 108 1/2, par. 15-131
40 ILCS 5/15-145 from Ch. 108 1/2, par. 15-145
40 ILCS 5/16-140 from Ch. 108 1/2, par. 16-140
Amends the State Employee, State Universities, and
Downstate Teacher Articles of the Pension Code. Extends
certain survivor benefits to children who are unmarried
full-time students under age 22. Effective immediately.
LRB9002141EGfg
LRB9002141EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 14-118, 14-119, 14-120, 14-128, 15-131, 15-145, and
3 16-140.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 14-118, 14-119, 14-120, 14-128, 15-131,
8 15-145, and 16-140 as follows:
9 (40 ILCS 5/14-118) (from Ch. 108 1/2, par. 14-118)
10 Sec. 14-118. Widow's annuity - Conditions for payment.
11 A widow who exercises the right of election to receive an
12 annuity pursuant to this Section is entitled to a lump sum
13 payment of $500 plus a widow's annuity, if
14 (1) she was married to the deceased member for at
15 least 1 year prior to his death or retirement, whichever
16 first occurs, and also on the day of the last termination
17 of his service as a State employee;
18 (2) the deceased member had at least 8 years of
19 creditable service if death occurred while in service, or
20 while on leave of absence from service, or while in
21 receipt of a nonoccupational disability or occupational
22 disability benefit, or after retirement;
23 (3) she was nominated exclusively to receive the
24 entire death benefit payable under this Article;
25 (4) death of the member occurred after withdrawal,
26 and he had fulfilled the prescribed age and service
27 conditions for establishing a right in a retirement
28 annuity; and
29 (5) she elected to receive the widow's annuity
30 within 6 months from the date of death of the employee,
31 otherwise the survivors annuity if applicable, shall be
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1 payable.
2 If a widow's annuity beneficiary becomes entitled to a
3 survivors annuity and a widow's annuity, she shall elect to
4 receive only one of such annuities.
5 The surviving spouse of a person who (1) died on or after
6 January 1, 1985, (2) withdrew from service prior to August 1,
7 1953, (3) was receiving an annuity from the system at the
8 time of death, and (4) meets all other requirements of this
9 Section, shall be entitled to the benefits provided under
10 this Section.
11 A widow's annuity shall be payable beginning on the first
12 of the month following the date of death of the member if the
13 widow has then attained age 50 or, if she is under age 50 on
14 such date, on the first of the month following her attainment
15 of such age; provided, that if an unmarried child or children
16 of the member under age 18 (or under age 22 if a full-time
17 student) also survive him, and the child or children are
18 under the care of the eligible widow, the widow's annuity
19 shall begin on the first of the month following the member's
20 death without regard to the age of the widow. If she is
21 under age 50 at the death of the member and she qualifies for
22 a widow's annuity, she is entitled to receive the lump sum
23 payment immediately upon application, but payment of the
24 widow's annuity shall be deferred as provided above.
25 The provision for a widow's annuity shall not be
26 construed to affect the payment of a reversionary annuity.
27 If a widow qualifies for more than one widow's annuity, or
28 for a widow's annuity and a survivors annuity, she shall
29 elect to receive only one of such annuities.
30 This Section shall not apply to the widow of any male
31 person who first became a member after July 19, 1961.
32 (Source: P.A. 84-1028.)
33 (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
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1 Sec. 14-119. Amount of widow's annuity.
2 (a) The widow's annuity shall be 50% of the amount of
3 retirement annuity payable to the member on the date of death
4 while on retirement if an annuitant, or on the date of his
5 death while in service if an employee, regardless of his age
6 on such date, or on the date of withdrawal if death occurred
7 after termination of service under the conditions prescribed
8 in the preceding Section.
9 (b) If an eligible widow, regardless of age, has in her
10 care any unmarried child or children of the member under age
11 18 (under age 22 if a full-time student), the widow's annuity
12 shall be increased in the amount of 5% of the retirement
13 annuity for each such child, but the combined payments for a
14 widow and children shall not exceed 66 2/3% of the member's
15 earned retirement annuity.
16 The amount of retirement annuity from which the widow's
17 annuity is derived shall be that earned by the member without
18 regard to whether he attained age 60 prior to his withdrawal
19 under the conditions stated or prior to his death.
20 (c) Adopted children shall be considered as children of
21 the member only if the proceedings for adoption were
22 commenced at least 1 year prior to the member's death.
23 Marriage of a child shall render the child ineligible for
24 further consideration in the increase in the amount of the
25 widow's annuity.
26 Attainment of age 18 (age 22 if a full-time student) of a
27 child shall render a child him ineligible for further
28 consideration in the increase of the widow's annuity, but the
29 annuity to the widow shall be continued thereafter, without
30 regard to her age at that time.
31 (d) A widow's annuity payable on account of any covered
32 employee who shall have been a covered employee for at least
33 18 months shall be reduced by 1/2 of the amount of survivors
34 benefits to which his beneficiaries are eligible under the
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1 provisions of the Federal Social Security Act, except that
2 (1) the amount of any widow's annuity payable under this
3 Article shall not be reduced by reason of any increase under
4 that Act which occurs after the offset required by this
5 subsection is first applied to that annuity, and (2) for
6 benefits granted on or after January 1, 1992, the offset
7 under this subsection (d) shall not exceed 50% of the amount
8 of widow's annuity otherwise payable.
9 (e) Upon the death of a recipient of a widow's annuity
10 the excess, if any, of the member's accumulated
11 contributions plus credited interest over all annuity
12 payments to the member and widow, exclusive of the $500 lump
13 sum payment, shall be paid to the named beneficiary of the
14 widow, or if none has been named, to the estate of the widow,
15 provided no reversionary annuity is payable.
16 (f) On January 1, 1981, any recipient of a widow's
17 annuity who was receiving a widow's annuity on or before
18 January 1, 1971, shall have her widow's annuity then being
19 paid increased by 1% for each full year which has elapsed
20 from the date the widow's annuity began. On January 1, 1982,
21 any recipient of a widow's annuity who began receiving a
22 widow's annuity after January 1, 1971, but before January 1,
23 1981, shall have her widow's annuity then being paid
24 increased by 1% for each full year which has elapsed from the
25 date the widow's annuity began. On January 1, 1987, any
26 recipient of a widow's annuity who began receiving the
27 widow's annuity on or before January 1, 1977, shall have the
28 monthly widow's annuity increased by $1 for each full year
29 which has elapsed since the date the annuity began.
30 (g) Beginning January 1, 1990, every widow's annuity
31 shall be increased (1) on each January 1 occurring on or
32 after the commencement of the annuity if the deceased member
33 died while receiving a retirement annuity, or (2) in other
34 cases, on each January 1 occurring on or after the first
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1 anniversary of the commencement of the annuity, by an amount
2 equal to 3% of the current amount of the annuity, including
3 any previous increases under this Article. Such increases
4 shall apply without regard to whether the deceased member was
5 in service on or after the effective date of Public Act
6 86-1488, but shall not accrue for any period prior to January
7 1, 1990.
8 (Source: P.A. 86-273; 86-1488; 87-794.)
9 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
10 Sec. 14-120. Survivors annuities - Conditions for
11 payments. A survivors annuity is established for all members
12 of the System. Upon the death of any male person who was a
13 member on July 19, 1961, however, his widow may have the
14 option of receiving the widow's annuity provided in this
15 Article, in lieu of the survivors annuity.
16 (a) A survivors annuity beneficiary, as herein defined,
17 is eligible for a survivors annuity if the deceased member
18 had completed at least 1 1/2 years of contributing creditable
19 service if death occurred:
20 (1) while in service;
21 (2) while on an approved or authorized leave of
22 absence from service, not exceeding one year
23 continuously; or
24 (3) while in receipt of a non-occupational
25 disability or an occupational disability benefit.
26 (b) If death of the member occurs after withdrawal, the
27 survivors annuity beneficiary is eligible for such annuity
28 only if the member had fulfilled at the date of withdrawal
29 the prescribed service conditions for establishing a right in
30 a retirement annuity.
31 (c) Payment of the survivors annuity shall begin
32 immediately if the beneficiary is 50 years or over, or upon
33 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 member was in effect at least one
18 year at the date of the member's death or at least one
19 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 such physical or mental
34 disability continues. For purposes of this subsection
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1 sub-section, disability means inability to engage in any
2 substantial gainful activity by reason of any medically
3 determinable physical or mental impairment which can be
4 expected to result in death or which has lasted or can be
5 expected to last for a continuous period of not less than
6 12 months.;
7 (3) A dependent parent of the member or annuitant;
8 a dependent step-parent by a marriage contracted before
9 the member or annuitant attained age 18; or a dependent
10 adopting parent by whom the member or annuitant was
11 adopted before he or she attained age 18.
12 (e) Remarriage before age 55 or death of a spouse;
13 marriage or death of a child; or remarriage before age 55 or
14 death of a parent terminates the survivors annuity payable on
15 account of such beneficiary. Remarriage of a prospective
16 beneficiary prior to the attainment of age 50 disqualifies
17 the beneficiary for the annuity expectancy hereunder.
18 Termination due to a marriage or remarriage shall be
19 permanent regardless of any future changes in marital status.
20 Any person whose survivors annuity was terminated during
21 1978 or 1979 due to remarriage at age 55 or over shall be
22 eligible to apply, not later than July 1, 1990, for a
23 resumption of that annuity, to begin on July 1, 1990.
24 (f) The term "dependent" relating to a survivors annuity
25 means a beneficiary of a survivors annuity who was receiving
26 from the member at the date of the member's death at least
27 1/2 of the support for maintenance including board, lodging,
28 medical care and like living costs.
29 (g) If there is no eligible spouse surviving the member,
30 or if a survivors annuity beneficiary includes a spouse who
31 dies or remarries, the annuity is payable to an unmarried
32 child or children. If at the date of death of the member
33 there is no spouse or unmarried child, payments shall be made
34 to a dependent parent or parents. If no eligible survivors
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1 annuity beneficiary survives the member, the non-occupational
2 death benefit is payable in the manner provided in this
3 Article.
4 (h) Survivor benefits do not affect any reversionary
5 annuity.
6 (i) If a survivors annuity beneficiary becomes entitled
7 to a widow's annuity or one or more survivors annuities or
8 both such annuities, the beneficiary shall elect to receive
9 only one of such annuities.
10 (j) Contributing creditable service under the State
11 Universities Retirement System and the Teachers Retirement
12 System of the State of Illinois shall be considered in
13 determining whether the member has met the contributing
14 service requirements of this Section.
15 (k) In lieu of the Survivor's Annuity described in this
16 Section, the spouse of the member has the option to select
17 the Nonoccupational Death Benefit described in this Article,
18 provided the spouse is the sole survivor and the sole
19 nominated beneficiary of the member.
20 (l) The changes made to this Section and Sections
21 14-118, 14-119, and 14-128 by this amendatory Act of 1997,
22 relating to benefits for certain unmarried children who are
23 full-time students under age 22, apply without regard to
24 whether the deceased member was in service on or after the
25 effective date of this amendatory Act of 1997. These changes
26 do not authorize the repayment of a refund or a re-election
27 of benefits, and any benefit or increase in benefits
28 resulting from these changes is not payable retroactively for
29 any period before the effective date of this amendatory Act
30 of 1997.
31 (Source: P.A. 86-273.)
32 (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
33 Sec. 14-128. Occupational death benefit. An
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1 occupational death benefit is provided for a member of the
2 System whose death, prior to retirement, is the proximate
3 result of bodily injuries sustained or a hazard undergone
4 while in the performance and within the scope of the member's
5 duties.
6 (a) Conditions for payment.
7 Exclusive of the lump sum payment provided for herein,
8 all annuities under this Section shall accrue and be payable
9 for complete calendar months, beginning on the first day of
10 the month next following the month in which the initiating
11 event occurs and ending on the last day of the month in which
12 the terminating event occurs.
13 The following named survivors of the member may be
14 eligible for an annuity under this Section:
15 (i) The member's spouse.
16 (ii) An unmarried child of the member under age 18
17 (under age 22 if a full-time student); an unmarried
18 stepchild under age 18 (under age 22 if a full-time
19 student) who has been such for at least one year at the
20 date of the member's death; an unmarried adopted child
21 under age 18 (under age 22 if a full-time student) if the
22 adoption proceedings were initiated at least one year
23 prior to the death of the member; and an unmarried child
24 over age 18 who is dependent by reason of a physical or
25 mental disability, for so long as such physical or mental
26 disability continues. For the purposes of this Section
27 disability means inability to engage in any substantial
28 gainful activity by reason of any medically determinable
29 physical or mental impairment which can be expected to
30 result in death or which has lasted or can be expected to
31 last for a continuous period of not less than 12 months.
32 (iii) If no spouse or eligible children survive: a
33 dependent parent of the member; a dependent step-parent
34 by a marriage contracted before the member attained age
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1 18; or a dependent adopting parent by whom the member was
2 adopted before he or she attained age 18.
3 The term "dependent" relating to an Occupational Death
4 Benefit means a survivor of the member who was receiving from
5 the member at the date of the member's death at least 1/2 of
6 the support for maintenance including board, lodging, medical
7 care and like living costs.
8 Payment of the annuity shall continue until the
9 occurrence of the following:
10 (1) remarriage before age 55 or death, in the case
11 of a surviving spouse;
12 (2) attainment of age 18 or termination of
13 disability, death, or marriage, in the case of an
14 eligible child;
15 (3) remarriage before age 55 or death, in the case
16 of a dependent parent.
17 If none of the aforementioned beneficiaries is living at
18 the date of death of the member, no occupational death
19 benefit shall be payable, but the nonoccupational death
20 benefit shall be payable as provided in this Article.
21 (b) Amount of benefit.
22 The member's accumulated contributions plus credited
23 interest shall be payable in a lump sum to such person as the
24 member has nominated by written direction, duly acknowledged
25 and filed with the Board, or if no such nomination to the
26 estate of the member. When an annuitant is re-employed by a
27 Department, the accumulated contributions plus credited
28 interest payable on the member's account shall, if the member
29 has not previously elected a reversionary annuity, consist of
30 the excess, if any, of the member's total accumulated
31 contributions plus credited interest for all creditable
32 service over the total amount of all retirement annuity
33 payments received by the member prior to death.
34 In addition to the foregoing payment, an annuity is
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1 provided for eligible survivors as follows:
2 (1) If the survivor is a spouse only, the annuity
3 shall be 50% of the member's final average compensation.
4 (2) If the spouse has in her care an eligible child
5 or children, the annuity shall be increased by an amount
6 equal to 15% of the final average compensation on account
7 of each such child, subject to a limitation on the
8 combined annuities to a surviving spouse and children of
9 75% of final average compensation.
10 (3) If there is no surviving spouse, or if the
11 surviving spouse dies or remarries while a child remains
12 eligible, then each such child shall be entitled to an
13 annuity of 15% of the deceased member's final average
14 compensation, subject to a limitation of 50% of final
15 average compensation to all such children.
16 (4) If there is no surviving spouse or eligible
17 children, then an annuity shall be payable to the
18 member's dependent parents, equal to 25% of final average
19 compensation to each such beneficiary.
20 If any annuity payable under this Section is less than
21 the corresponding survivors annuity, the beneficiary or
22 beneficiaries of the annuity under this Section may elect to
23 receive the survivors annuity and the Nonoccupational Death
24 Benefit provided for in this Article in lieu of the annuity
25 provided under this Section.
26 (c) Occupational death claims pending adjudication by
27 the Industrial Commission or a ruling by the agency
28 responsible for determining the liability of the State under
29 the "Workers' Compensation Act" or "Workers' Occupational
30 Diseases Act" shall be payable under the Survivor's Annuity
31 Section of this Article until a ruling or adjudication occurs
32 if the beneficiary or beneficiaries: (1) meet all conditions
33 for payment as prescribed in this Article; and (2) execute an
34 assignment of benefits payable as a result of adjudication by
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1 the Industrial Commission or a ruling by the agency
2 responsible for determining the liability of the State under
3 such Acts. The assignment shall be made to the System and
4 shall be for an amount equal to the excess of benefits paid
5 under the Survivor's Annuity Section of this Article over
6 benefits payable as a result of adjudication of the Workers'
7 Compensation claim computed from the date of death of the
8 member.
9 (d) Every occupational death annuity payable under this
10 Section shall be increased on each January 1 occurring on or
11 after (i) January 1, 1990, or (ii) the first anniversary of
12 the commencement of the annuity, whichever occurs later, by
13 an amount equal to 3% of the current amount of the annuity,
14 including any previous increases under this Article, without
15 regard to whether the deceased member was in service on the
16 effective date of this amendatory Act of 1991.
17 (Source: P.A. 86-273; 86-1488.)
18 (40 ILCS 5/15-131) (from Ch. 108 1/2, par. 15-131)
19 Sec. 15-131. Survivors insurance beneficiary. "Survivors
20 insurance beneficiary": The spouse, dependent unmarried child
21 under age 18 (under age 22 if a full-time student), unmarried
22 child over age 18 who is dependent by reason of a physical or
23 mental disability which began prior to attainment of that
24 age, or dependent parent, who could qualify for survivors
25 insurance payments under this Article.
26 (Source: P.A. 86-273; 86-1488.)
27 (40 ILCS 5/15-145) (from Ch. 108 1/2, par. 15-145)
28 Sec. 15-145. Survivors insurance benefits; Conditions
29 and amounts.
30 (a) The survivors insurance benefits provided under this
31 Section shall be payable upon the death of (1) a
32 participating employee with at least 1 1/2 years of service,
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1 (2) a participant who terminated employment with at least 10
2 years of service, and (3) an annuitant in receipt of a
3 retirement annuity or disability retirement annuity under
4 this Article.
5 Service under the State Employees' Retirement System of
6 Illinois, the Teachers' Retirement System of the State of
7 Illinois and the Public School Teacher's Pension and
8 Retirement Fund of Chicago shall be considered in determining
9 eligibility for survivors benefits under this Section.
10 If by law, a function of a governmental unit, as defined
11 by Section 20-107, is transferred in whole or in part to an
12 employer, and an employee transfers employment from this
13 governmental unit to such employer within 6 months after the
14 transfer of this function, the service credits in the
15 governmental unit's retirement system which have been
16 validated under Section 20-109 shall be considered in
17 determining eligibility for survivors benefits under this
18 Section.
19 (b) A surviving spouse of a deceased participant, or of
20 a deceased annuitant who had a survivors insurance
21 beneficiary at the time of retirement, shall receive a
22 survivors annuity of 30% of the final rate of earnings.
23 Payments shall begin on the day following the participant's
24 or annuitant's death or the date the surviving spouse attains
25 age 50, whichever is later, and continue until the death of
26 the surviving spouse. The annuity shall be payable to the
27 surviving spouse prior to attainment of age 50 if the
28 surviving spouse has in his or her care a deceased
29 participant's or annuitant's dependent unmarried child under
30 age 18 (under age 22 if a full-time student) who is eligible
31 for a survivors annuity. Remarriage of a surviving spouse
32 prior to attainment of age 55 shall disqualify him or her for
33 the receipt of a survivors annuity.
34 (c) Each dependent unmarried child under age 18 (under
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1 age 22 if a full-time student) of a deceased participant, or
2 of a deceased annuitant who had a survivors insurance
3 beneficiary at the time of his or her retirement, shall
4 receive a survivors annuity equal to the sum of (1) 20% of
5 the final rate of earnings, and (2) 10% of the final rate of
6 earnings divided by the number of children entitled to this
7 benefit. Payments shall begin on the day following the
8 participant's or annuitant's death and continue until the
9 child marries, dies, or attains age 18 (age 22 if a full-time
10 student). If the child is in the care of a surviving spouse
11 who is eligible for survivors insurance benefits, the child's
12 benefit shall be paid to the surviving spouse.
13 Each unmarried child over age 18 of a deceased
14 participant or of a deceased annuitant who had a survivor's
15 insurance beneficiary at the time of his or her retirement,
16 and who was dependent upon the participant or annuitant by
17 reason of a physical or mental disability which began prior
18 to the date the child attained age 18 (age 22 if a full-time
19 student), shall receive a survivor's annuity equal to the sum
20 of (1) 20% of the final rate of earnings, and (2) 10% of the
21 final rate of earnings divided by the number of children
22 entitled to survivors benefits. Payments shall begin on the
23 day following the participant's or annuitant's death and
24 continue until the child marries, dies, or is no longer
25 disabled. If the child is in the care of a surviving spouse
26 who is eligible for survivors insurance benefits, the child's
27 benefit may be paid to the surviving spouse. For the
28 purposes of this Section, disability means inability to
29 engage in any substantial gainful activity by reason of any
30 medically determinable physical or mental impairment that can
31 be expected to result in death or that has lasted or can be
32 expected to last for a continuous period of at least one
33 year.
34 (d) Each dependent parent of a deceased participant, or
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1 of a deceased annuitant who had a survivors insurance
2 beneficiary at the time of his or her retirement, shall
3 receive a survivors annuity equal to the sum of (1) 20% of
4 final rate of earnings, and (2) 10% of final rate of earnings
5 divided by the number of parents who qualify for the benefit.
6 Payments shall begin when the parent reaches age 55 or the
7 day following the participant's or annuitant's death,
8 whichever is later, and continue until the parent dies.
9 Remarriage of a parent prior to attainment of age 55 shall
10 disqualify the parent for the receipt of a survivors annuity.
11 (e) In addition to the survivors annuity provided above,
12 each survivors insurance beneficiary shall, upon death of the
13 participant or annuitant, receive a lump sum payment of
14 $1,000 divided by the number of such beneficiaries.
15 (f) The changes made in this Section by Public Act
16 81-712 pertaining to survivors annuities in cases of
17 remarriage prior to age 55 shall apply to each survivors
18 insurance beneficiary who remarries after June 30, 1979,
19 regardless of the date that the participant or annuitant
20 terminated his employment or died.
21 (g) On January 1, 1981, any person who was receiving a
22 survivors annuity on or before January 1, 1971 shall have the
23 survivors annuity then being paid increased by 1% for each
24 full year which has elapsed from the date the annuity began.
25 On January 1, 1982, any survivor whose annuity began after
26 January 1, 1971, but before January 1, 1981, shall have the
27 survivor's annuity then being paid increased by 1% for each
28 year which has elapsed from the date the survivor's annuity
29 began. On January 1, 1987, any survivor who began receiving a
30 survivor's annuity on or before January 1, 1977, shall have
31 the monthly survivor's annuity increased by $1 for each full
32 year which has elapsed since the date the survivor's annuity
33 began.
34 (h) If the sum of the lump sum and total monthly
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1 survivor benefits payable under this Section upon the death
2 of a participant amounts to less than the sum of the death
3 benefits payable under items (2) and (3) of Section 15-141,
4 the difference shall be paid in a lump sum to the beneficiary
5 of the participant who is living on the date that this
6 additional amount becomes payable.
7 (i) If the sum of the lump sum and total monthly
8 survivor benefits payable under this Section upon the death
9 of an annuitant receiving a retirement annuity or disability
10 retirement annuity amounts to less than the death benefit
11 payable under Section 15-142, the difference shall be paid to
12 the beneficiary of the annuitant who is living on the date
13 that this additional amount becomes payable.
14 (j) Effective on the later of (1) January 1, 1990, or
15 (2) the January 1 on or next after the date on which the
16 survivor annuity begins, if the deceased member died while
17 receiving a retirement annuity, or in all other cases the
18 January 1 nearest the first anniversary of the date the
19 survivor annuity payments begin, every survivors insurance
20 beneficiary shall receive an increase in his or her monthly
21 survivors annuity of 3%. On each January 1 after the initial
22 increase, the monthly survivors annuity shall be increased by
23 3% of the total survivors annuity provided under this
24 Article, including previous increases provided by this
25 subsection. Such increases shall apply to the survivors
26 insurance beneficiaries of each participant and annuitant,
27 whether or not the employment status of the participant or
28 annuitant terminates before the effective date of this
29 amendatory Act of 1990.
30 (k) If the Internal Revenue Code of 1986, as amended,
31 requires that the survivors benefits be payable at an age
32 earlier than that specified in this Section the benefits
33 shall begin at the earlier age, in which event, the
34 survivor's beneficiary shall be entitled only to that amount
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1 which is equal to the actuarial equivalent of the benefits
2 provided by this Section.
3 (l) The changes made to this Section and Section 15-131
4 by this amendatory Act of 1997, relating to benefits for
5 certain unmarried children who are full-time students under
6 age 22, apply without regard to whether the deceased member
7 was in service on or after the effective date of this
8 amendatory Act of 1997. These changes do not authorize the
9 repayment of a refund or a re-election of benefits, and any
10 benefit or increase in benefits resulting from these changes
11 is not payable retroactively for any period before the
12 effective date of this amendatory Act of 1997.
13 (Source: P.A. 86-272; 86-273; 86-1028; 86-1488.)
14 (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
15 Sec. 16-140. Survivors' benefits - definitions. For the
16 purpose of Sections 16-138 through 16-143.2, the following
17 terms shall have the following meanings, unless the context
18 otherwise requires:
19 (1) "Average salary": the average salary for the highest
20 4 consecutive years within the last 10 years of creditable
21 service immediately preceding date of death or retirement,
22 whichever is applicable, or the average salary for the total
23 creditable service if service is less than 4 years.
24 (2) "Member": any teacher included in the membership of
25 the system. However, a teacher who becomes an annuitant of
26 the system or a teacher whose services terminate after 20
27 years of service from any cause other than retirement is
28 considered a member, subject to the conditions and
29 limitations stated in this Article.
30 (3) "Dependent beneficiary": (A) a surviving spouse of a
31 member or annuitant who was married to the member or
32 annuitant for the 12 month period immediately preceding and
33 on the date of death of such member or annuitant, except
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1 where a child is born of such marriage, in which case the
2 qualifying period shall not be applicable; (A-1) a surviving
3 spouse of a member or annuitant who (i) was married to the
4 member or annuitant on the date of the member or annuitant's
5 death, (ii) was married to the member or annuitant for a
6 period of at least 12 months (but not necessarily the 12
7 months immediately preceding the member or annuitant's
8 death), (iii) first applied for a survivor's benefit before
9 January 1, 1994, and (iv) has not received a benefit under
10 subsection (a) of Section 16-141 or paragraph (1) of Section
11 16-142; (B) an eligible child of a member or annuitant; and
12 (C) a dependent parent.
13 Unless otherwise designated by the member, eligibility
14 for benefits shall be in the order named, except that a
15 dependent parent shall be eligible only if there is no other
16 dependent beneficiary. Any benefit to be received by or paid
17 to a dependent beneficiary to be determined under this
18 paragraph as provided in Sections 16-141 and 16-142 may be
19 received by or paid to a trust established for such dependent
20 beneficiary if such dependent beneficiary is living at the
21 time such benefit would be received by or paid to such trust.
22 (4) "Eligible child": an unmarried natural or adopted
23 child of the member or annuitant under age 18 (age 22 if a
24 full-time student). An unmarried natural or adopted child,
25 regardless of age, who is dependent by reason of a physical
26 or mental disability, except any such child receiving
27 benefits under Article III of the Illinois Public Aid Code,
28 is eligible for so long as such physical or mental disability
29 continues. An adopted child, however, is eligible only if
30 the proceedings for adoption were finalized while the child
31 was a minor.
32 For purposes of this subsection, "disability" means an
33 inability to engage in any substantial gainful activity by
34 reason of any medically determinable physical or mental
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1 impairment which can be expected to result in death or which
2 has lasted or can be expected to last for a continuous period
3 of not less than 12 months.
4 The changes made to this Section by this amendatory Act
5 of 1997, relating to benefits for certain unmarried children
6 who are full-time students under age 22, apply without regard
7 to whether the deceased member was in service on or after the
8 effective date of this amendatory Act of 1997. These changes
9 do not authorize the repayment of a refund or a re-election
10 of benefits, and any benefit or increase in benefits
11 resulting from these changes is not payable retroactively for
12 any period before the effective date of this amendatory Act
13 of 1997.
14 (5) "Dependent parent": a parent who was receiving at
15 least 1/2 of his or her support from a member or annuitant
16 for the 12-month period immediately preceding and on the date
17 of such member's or annuitant's death, provided however, that
18 such dependent status terminates upon a member's acceptance
19 of a refund for survivor benefit contributions as provided
20 under Section 16-142.
21 (6) "Non-dependent beneficiary": any person,
22 organization or other entity designated by the member who
23 does not qualify as a dependent beneficiary.
24 (7) "In service": the condition of a member being in
25 receipt of salary as a teacher at any time within 12 months
26 immediately before his or her death, being on leave of
27 absence for which the member, upon return to teaching, would
28 be eligible to purchase service credit under subsection
29 (b)(5) of Section 16-127, or being in receipt of a disability
30 or occupational disability benefit. This term does not
31 include any annuitant or member who previously accepted a
32 refund of survivor benefit contributions under paragraph (1)
33 of Section 16-142 unless the conditions specified in
34 subsection (b) of Section 16-143.2 are met.
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1 (Source: P.A. 89-430, eff. 12-15-95.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.