Illinois General Assembly - Full Text of Public Act 095-0870
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Public Act 095-0870




Public Act 095-0870
HB5120 Enrolled LRB095 16598 AMC 42629 b

    AN ACT concerning public employee benefits.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Pension Code is amended by changing
Section 16-140 as follows:
    (40 ILCS 5/16-140)  (from Ch. 108 1/2, par. 16-140)
    Sec. 16-140. Survivors' benefits - definitions.
    (a) For the purpose of Sections 16-138 through 16-143.2,
the following terms shall have the following meanings, unless
the context otherwise requires:
        (1) "Average salary": the average salary for the
    highest 4 consecutive years within the last 10 years of
    creditable service immediately preceding date of death or
    retirement, whichever is applicable, or the average salary
    for the total creditable service if service is less than 4
        (2) "Member": any teacher included in the membership of
    the system. However, a teacher who becomes an annuitant of
    the system or a teacher whose services terminate after 20
    years of service from any cause other than retirement is
    considered a member, subject to the conditions and
    limitations stated in this Article.
        (3) "Dependent beneficiary": (A) a surviving spouse of
    a member or annuitant who was married to the member or
    annuitant for the 12 month period immediately preceding and
    on the date of death of such member or annuitant, except
    where a child is born of such marriage, in which case the
    qualifying period shall not be applicable; (A-1) a
    surviving spouse of a member or annuitant who (i) was
    married to the member or annuitant on the date of the
    member or annuitant's death, (ii) was married to the member
    or annuitant for a period of at least 12 months (but not
    necessarily the 12 months immediately preceding the member
    or annuitant's death), and (iii) has not received a benefit
    under subsection (a) of Section 16-141 or paragraph (1) of
    Section 16-142; (B) an eligible child of a member or
    annuitant; and (C) a dependent parent.
        Unless otherwise designated by the member, eligibility
    for benefits shall be in the order named, except that a
    dependent parent shall be eligible only if there is no
    other dependent beneficiary. Any benefit to be received by
    or paid to a dependent beneficiary to be determined under
    this paragraph as provided in Sections 16-141 and 16-142
    may be received by or paid to a trust established for such
    dependent beneficiary if such dependent beneficiary is
    living at the time such benefit would be received by or
    paid to such trust.
        (4) "Eligible child": an unmarried natural or adopted
    child of the member or annuitant under age 18 (age 22 if a
    full-time student). An unmarried natural or adopted child,
    regardless of age, who is dependent by reason of a physical
    or mental disability, except any such child receiving
    benefits under Article III of the Illinois Public Aid Code,
    is eligible for so long as such physical or mental
    disability continues. An adopted child, however, is
    eligible only if the proceedings for adoption were
    finalized while the child was a minor.
        For purposes of this subsection, "disability" means an
    inability to engage in any substantial gainful activity by
    reason of any medically determinable physical or mental
    impairment which can be expected to result in death or
    which has lasted or can be expected to last for a
    continuous period of not less than 12 months.
        The changes made to this Section by Public Act 90-448,
    relating to benefits for certain unmarried children who are
    full-time students under age 22, apply without regard to
    whether the deceased member was in service on or after the
    effective date of that Act. These changes do not authorize
    the repayment of a refund or a re-election of benefits, and
    any benefit or increase in benefits resulting from these
    changes is not payable retroactively for any period before
    the effective date of that Act.
        (5) "Dependent parent": a parent who was receiving at
    least 1/2 of his or her support from a member or annuitant
    for the 12-month period immediately preceding and on the
    date of such member's or annuitant's death, provided
    however, that such dependent status terminates upon a
    member's acceptance of a refund for survivor benefit
    contributions as provided under Section 16-142.
        (6) "Non-dependent beneficiary": any person,
    organization or other entity designated by the member who
    does not qualify as a dependent beneficiary.
        (7) "In service": the condition of a member being in
    receipt of salary as a teacher at any time within 12 months
    immediately before his or her death, being on leave of
    absence for which the member, upon return to teaching,
    would be eligible to purchase service credit under
    subsection (b)(5) of Section 16-127, or being in receipt of
    a disability or occupational disability benefit. This term
    does not include any annuitant or member who previously
    accepted a refund of survivor benefit contributions under
    paragraph (1) of Section 16-142 unless the conditions
    specified in subsection (b) of Section 16-143.2 are met.
    (b) The change to this Section made by Public Act 90-511
applies without regard to whether the deceased member or
annuitant was in service on or after the effective date of that
    The change to this Section made by this amendatory Act of
the 91st General Assembly applies without regard to whether the
deceased member or annuitant was in service on or after the
effective date of this amendatory Act.
(Source: P.A. 90-448, eff. 8-16-97; 90-511, eff. 8-22-97;
90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/21/2008