(40 ILCS 5/16-143)
(from Ch. 108 1/2, par. 16-143)
Survivors' benefits - other conditions and limitations.
The benefits provided under Sections 16-141 and 16-142, shall be
subject to the following further conditions and limitations:
(1) The period during which a member was in receipt of a disability or
occupational disability benefit shall be considered as creditable service
at the annual salary rate on which the member last made contributions.
(2) All service prior to July 24, 1959, for which creditable service is
granted towards a retirement annuity shall be considered as creditable service.
(3) No benefits shall be payable unless a member, or a disabled member,
returning to service, has made contributions to the system for at least one
month after July 24, 1959, except that an annuitant must have contributed to
the system for at least 1 year of creditable service after July 24, 1959.
(4) Creditable service under the State Employees' Retirement System
of Illinois, the State Universities Retirement System and the Public
School Teachers' Pension and Retirement Fund of Chicago shall be
considered in determining whether the member has met the creditable
(5) If an eligible beneficiary qualifies for a survivors' benefit
because of pension credits established by the participant or
annuitant in another system covered by Article 20, and the combined
survivors' benefits exceed the highest survivors' benefit payable by
either system based upon the combined pension credits,
the survivors' benefit payable by this system shall be reduced to that
amount which when added to the survivors' benefit payable by the other
system would equal this highest survivors' benefit. If the other system
has a similar provision for adjustment of the survivors' benefit,
the respective proportional survivors' benefits shall be reduced
proportionately according to the ratio which the amount of each
proportional survivors' benefit bears to the aggregate of all
proportional survivors' benefits. If a survivors' benefit is payable by
another system covered by Article 20, and the survivor elects to waive
the monthly survivors' benefit and accept a lump sum payment or death benefit
in lieu of the monthly survivors' benefit, this system shall, for the purpose
of adjusting the monthly survivors' benefit under this paragraph, assume that
the survivor had been entitled to a monthly survivors' benefit which, in
accordance with actuarial tables of this system, is the actuarial equivalent
of the amount of the lump sum payment or death benefit.
(6) Remarriage of a surviving spouse prior to attainment of age 55
that occurs before the effective date of this amendatory Act of the 91st
General Assembly shall terminate his or her survivors' benefits.
The change made to this item (6) 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 of the 91st General Assembly.
(7) The benefits payable to an eligible child shall terminate when the
eligible child marries, dies, or attains age 18 (age 22 if a full-time
student); except that benefits payable to a dependent disabled eligible child
shall terminate only when the eligible child dies or ceases to be disabled.
(Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)