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1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Section 16-140 as follows:
 
6     (40 ILCS 5/16-140)  (from Ch. 108 1/2, par. 16-140)
7     Sec. 16-140. Survivors' benefits - definitions.
8     (a) For the purpose of Sections 16-138 through 16-143.2,
9 the following terms shall have the following meanings, unless
10 the context otherwise requires:
11         (1) "Average salary": the average salary for the
12     highest 4 consecutive years within the last 10 years of
13     creditable service immediately preceding date of death or
14     retirement, whichever is applicable, or the average salary
15     for the total creditable service if service is less than 4
16     years.
17         (2) "Member": any teacher included in the membership of
18     the system. However, a teacher who becomes an annuitant of
19     the system or a teacher whose services terminate after 20
20     years of service from any cause other than retirement is
21     considered a member, subject to the conditions and
22     limitations stated in this Article.
23         (3) "Dependent beneficiary": (A) a surviving spouse of

 

 

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1     a member or annuitant who was married to the member or
2     annuitant for the 12 month period immediately preceding and
3     on the date of death of such member or annuitant, except
4     where a child is born of such marriage, in which case the
5     qualifying period shall not be applicable; (A-1) a
6     surviving spouse of a member or annuitant who (i) was
7     married to the member or annuitant on the date of the
8     member or annuitant's death, (ii) was married to the member
9     or annuitant for a period of at least 12 months (but not
10     necessarily the 12 months immediately preceding the member
11     or annuitant's death), and (iii) has not received a benefit
12     under subsection (a) of Section 16-141 or paragraph (1) of
13     Section 16-142; (B) an eligible child of a member or
14     annuitant; and (C) a dependent parent.
15         Unless otherwise designated by the member, eligibility
16     for benefits shall be in the order named, except that a
17     dependent parent shall be eligible only if there is no
18     other dependent beneficiary. Any benefit to be received by
19     or paid to a dependent beneficiary to be determined under
20     this paragraph as provided in Sections 16-141 and 16-142
21     may be received by or paid to a trust established for such
22     dependent beneficiary if such dependent beneficiary is
23     living at the time such benefit would be received by or
24     paid to such trust.
25         (4) "Eligible child": an unmarried natural or adopted
26     child of the member or annuitant under age 18 (age 22 if a

 

 

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1     full-time student). An unmarried natural or adopted child,
2     regardless of age, who is dependent by reason of a physical
3     or mental disability, except any such child receiving
4     benefits under Article III of the Illinois Public Aid Code,
5     is eligible for so long as such physical or mental
6     disability continues. An adopted child, however, is
7     eligible only if the proceedings for adoption were
8     finalized while the child was a minor.
9         For purposes of this subsection, "disability" means an
10     inability to engage in any substantial gainful activity by
11     reason of any medically determinable physical or mental
12     impairment which can be expected to result in death or
13     which has lasted or can be expected to last for a
14     continuous period of not less than 12 months.
15         The changes made to this Section by Public Act 90-448,
16     relating to benefits for certain unmarried children who are
17     full-time students under age 22, apply without regard to
18     whether the deceased member was in service on or after the
19     effective date of that Act. These changes do not authorize
20     the repayment of a refund or a re-election of benefits, and
21     any benefit or increase in benefits resulting from these
22     changes is not payable retroactively for any period before
23     the effective date of that Act.
24         (5) "Dependent parent": a parent who was receiving at
25     least 1/2 of his or her support from a member or annuitant
26     for the 12-month period immediately preceding and on the

 

 

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1     date of such member's or annuitant's death, provided
2     however, that such dependent status terminates upon a
3     member's acceptance of a refund for survivor benefit
4     contributions as provided under Section 16-142.
5         (6) "Non-dependent beneficiary": any person,
6     organization or other entity designated by the member who
7     does not qualify as a dependent beneficiary.
8         (7) "In service": the condition of a member being in
9     receipt of salary as a teacher at any time within 12 months
10     immediately before his or her death, being on leave of
11     absence for which the member, upon return to teaching,
12     would be eligible to purchase service credit under
13     subsection (b)(5) of Section 16-127, or being in receipt of
14     a disability or occupational disability benefit. This term
15     does not include any annuitant or member who previously
16     accepted a refund of survivor benefit contributions under
17     paragraph (1) of Section 16-142 unless the conditions
18     specified in subsection (b) of Section 16-143.2 are met.
19     (b) The change to this Section made by Public Act 90-511
20 applies without regard to whether the deceased member or
21 annuitant was in service on or after the effective date of that
22 Act.
23     The change to this Section made by this amendatory Act of
24 the 91st General Assembly applies without regard to whether the
25 deceased member or annuitant was in service on or after the
26 effective date of this amendatory Act.

 

 

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1 (Source: P.A. 90-448, eff. 8-16-97; 90-511, eff. 8-22-97;
2 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.