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90_HB0713 40 ILCS 5/16-140 from Ch. 108 1/2, par. 16-140 Amends the Downstate Teacher Article of the Pension Code. Extends to January 1, 1998 the deadline for certain surviving spouses who were married for at least 12 months, but not the 12 months immediately preceding the member's death, to apply for benefits as a dependent beneficiary. Effective immediately. LRB9003766EGfg LRB9003766EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Section 16-140. 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 16-140 as follows: 7 (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140) 8 Sec. 16-140. Survivors' benefits - definitions. 9 (a) For the purpose of Sections 16-138 through 16-143.2, 10 the following terms shall have the following meanings, unless 11 the context otherwise requires: 12 (1) "Average salary": the average salary for the highest 13 4 consecutive years within the last 10 years of creditable 14 service immediately preceding date of death or retirement, 15 whichever is applicable, or the average salary for the total 16 creditable service if service is less than 4 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 a 24 member or annuitant who was married to the member or 25 annuitant for the 12 month period immediately preceding and 26 on the date of death of such member or annuitant, except 27 where a child is born of such marriage, in which case the 28 qualifying period shall not be applicable; (A-1) a surviving 29 spouse of a member or annuitant who (i) was married to the 30 member or annuitant on the date of the member or annuitant's 31 death, (ii) was married to the member or annuitant for a -2- LRB9003766EGfg 1 period of at least 12 months (but not necessarily the 12 2 months immediately preceding the member or annuitant's 3 death), (iii) first applied for a survivor's benefit before 4 January 1, 1998
1994, and (iv) has not received a benefit 5 under subsection (a) of Section 16-141 or paragraph (1) of 6 Section 16-142; (B) an eligible child of a member or 7 annuitant; and (C) a dependent parent. 8 Unless otherwise designated by the member, eligibility 9 for benefits shall be in the order named, except that a 10 dependent parent shall be eligible only if there is no other 11 dependent beneficiary. Any benefit to be received by or paid 12 to a dependent beneficiary to be determined under this 13 paragraph as provided in Sections 16-141 and 16-142 may be 14 received by or paid to a trust established for such dependent 15 beneficiary if such dependent beneficiary is living at the 16 time such benefit would be received by or paid to such trust. 17 (4) "Eligible child": an unmarried natural or adopted 18 child of the member or annuitant under age 18. An unmarried 19 natural or adopted child, regardless of age, who is dependent 20 by reason of a physical or mental disability, except any such 21 child receiving benefits under Article III of the Illinois 22 Public Aid Code, is eligible for so long as such physical or 23 mental disability continues. An adopted child, however, is 24 eligible only if the proceedings for adoption were finalized 25 while the child was a minor. 26 For purposes of this subsection, "disability" means an 27 inability to engage in any substantial gainful activity by 28 reason of any medically determinable physical or mental 29 impairment which can be expected to result in death or which 30 has lasted or can be expected to last for a continuous period 31 of not less than 12 months. 32 (5) "Dependent parent": a parent who was receiving at 33 least 1/2 of his or her support from a member or annuitant 34 for the 12-month period immediately preceding and on the date -3- LRB9003766EGfg 1 of such member's or annuitant's death, provided however, that 2 such dependent status terminates upon a member's acceptance 3 of a refund for survivor benefit contributions as provided 4 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, would 12 be eligible to purchase service credit under subsection 13 (b)(5) of Section 16-127, or being in receipt of a disability 14 or occupational disability benefit. This term does not 15 include any annuitant or member who previously accepted a 16 refund of survivor benefit contributions under paragraph (1) 17 of Section 16-142 unless the conditions specified in 18 subsection (b) of Section 16-143.2 are met. 19 (b) The change to this Section made by this amendatory 20 Act of 1997 applies without regard to whether the deceased 21 member or annuitant was in service on or after the effective 22 date of this amendatory Act. 23 (Source: P.A. 89-430, eff. 12-15-95.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.
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