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90_SB1912
40 ILCS 5/14-120 from Ch. 108 1/2, par. 14-120
Amends the State Employee Article of the Pension Code to
make stylistic changes relating to the termination of
survivor benefits. Effective immediately.
LRB9011579EGfg
LRB9011579EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-120.
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 14-120 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 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 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.
22 Any person whose survivors annuity was terminated during
23 1978 or 1979 due to remarriage at age 55 or over shall be
24 eligible to apply, not later than July 1, 1990, for a
25 resumption of that annuity, to begin on July 1, 1990.
26 (f) The term "dependent" relating to a survivors annuity
27 means a beneficiary of a survivors annuity who was receiving
28 from the member at the date of the member's death at least
29 1/2 of the support for maintenance including board, lodging,
30 medical care and like living costs.
31 (g) If there is no eligible spouse surviving the member,
32 or if a survivors annuity beneficiary includes a spouse who
33 dies or remarries, the annuity is payable to an unmarried
34 child or children. If at the date of death of the member
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1 there is no spouse or unmarried child, payments shall be made
2 to a 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 Section 99. Effective date. This Act takes effect upon
2 becoming law.