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90_SB0137 40 ILCS 5/14-120 from Ch. 108 1/2, par. 14-120 40 ILCS 5/14-128 from Ch. 108 1/2, par. 14-128 Amends the State Employee Article of the Pension Code to restore benefits to certain surviving spouses of State police officers whose pensions were terminated upon remarriage. Effective immediately. LRB9000389EGfg LRB9000389EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Sections 14-120 and 14-128. 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 Sections 14-120 and 14-128 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 -2- LRB9000389EGfg 1 the date of the member's death. In the case of survivors of 2 a member whose death occurred between November 1, 1970 and 3 July 15, 1971, the payment of the survivors annuity shall 4 begin upon October 1, 1977, if the beneficiary is then 50 5 years of age or older, or upon the attainment of age 50 if 6 the 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 the member was in effect at least 18 one year at the date of the member's death or at least 19 one year at the date of his withdrawal, whichever first 20 occurs.
;21 (2) An unmarried child under age 18 of the member 22 or annuitant; an unmarried stepchild under age 18 who has 23 been such for at least one year at the date of the 24 member's death or at least one year at the date of 25 withdrawal, whichever first occurs; an unmarried adopted 26 child under age 18 if the adoption proceedings were 27 initiated at least one year prior to the death or 28 withdrawal of the member or annuitant, whichever first 29 occurs; and an unmarried child over age 18 if he is 30 dependent by reason of a physical or mental disability so 31 long as such physical or mental disability continues. 32 For purposes of this subsection, disability means 33 inability to engage in any substantial gainful activity 34 by reason of any medically determinable physical or -3- LRB9000389EGfg 1 mental impairment which can be expected to result in 2 death or which has lasted or can be expected to last for 3 a continuous period of not less than 12 months. ;4 (3) A dependent parent of the member or annuitant; 5 a dependent step-parent by a marriage contracted before 6 the member or annuitant attained age 18; or a dependent 7 adopting parent by whom the member or annuitant was 8 adopted before he attained age 18. 9 (e) Remarriage before age 55 or death of a spouse, ;10 marriage or death of a child, ;or remarriage before age 55 or 11 death of a parent, terminates the survivors annuity payable 12 on account of such beneficiary. Remarriage of a prospective 13 beneficiary prior to the attainment of age 50 disqualifies 14 the beneficiary for the annuity expectancy hereunder. 15 Termination due to amarriage or remarriage shall be 16 permanent regardless of any future changes in marital status. 17 However, this subsection is subject to the provisions of 18 subsections (e-1) and (e-2). 19 (e-1) Any person whose survivors annuity was terminated 20 during 1978 or 1979 due to remarriage at age 55 or over shall 21 be eligible to apply, not later than July 1, 1990, for a 22 resumption of that annuity, to begin on July 1, 1990. 23 (e-2) This subsection applies only to the surviving 24 spouse of a person who dies while in service as a State 25 policeman or withdraws from service with at least 20 years of 26 eligible creditable service as a State policeman. This 27 subsection is not limited to cases where the deceased member 28 was in service on or after the effective date of this 29 amendatory Act of 1997. 30 The provisions of subsections (e) and (g) of this Section 31 terminating the annuity or expectation of an annuity of a 32 surviving spouse due to remarriage do not apply to surviving 33 spouses to whom this subsection (e-2) applies. 34 A surviving spouse whose survivors annuity has been -4- LRB9000389EGfg 1 terminated at any time due to remarriage may apply to have 2 the annuity reinstated. If, at the time of application, the 3 annuity is not payable to an eligible surviving child or 4 parent, payment to the surviving spouse shall be reinstated 5 effective on the first day of the month following the month 6 in which the completed application is received by the Board. 7 If, at the time of application, the annuity is payable to an 8 eligible surviving child or parent, payment of the annuity to 9 the surviving spouse shall not be reinstated until the 10 pension is no longer payable to any surviving child or 11 parent. A surviving spouse whose expectation of receiving a 12 survivors annuity was terminated due to remarriage before 13 attainment of age 50 shall also be entitled to reinstatement 14 under this subsection, except that the resulting survivors 15 annuity shall not become payable sooner than upon the 16 surviving spouse's attainment of age 50. The reinstated 17 annuity shall include any one-time or annual increases 18 received prior to the date of termination, but shall not 19 include any increases that would otherwise have accrued from 20 the date of termination to the date of reinstatement. 21 (f) The term "dependent" relating to a survivors annuity 22 means a beneficiary of a survivors annuity who was receiving 23 from the member at the date of the member's death at least 24 1/2 of the support for maintenance including board, lodging, 25 medical care and like living costs. 26 (g) If there is no eligible spouse surviving the member, 27 or if a survivors annuity beneficiary includes a spouse who 28 dies or remarries (except as provided in subsection (e-2) of 29 this Section), the annuity is payable to an unmarried child 30 or children. If at the date of death of the member there is 31 no spouse or unmarried child, payments shall be made to a 32 dependent parent or parents. If no eligible survivors 33 annuity beneficiary survives the member, the non-occupational 34 death benefit is payable in the manner provided in this -5- LRB9000389EGfg 1 Article. 2 (h) Survivor benefits do not affect any reversionary 3 annuity. 4 (i) If a survivors annuity beneficiary becomes entitled 5 to a widow's annuity or one or more survivors annuities or 6 both such annuities, the beneficiary shall elect to receive 7 only one of such annuities. 8 (j) Contributing creditable service under the State 9 Universities Retirement System and the Teachers Retirement 10 System of the State of Illinois shall be considered in 11 determining whether the member has met the contributing 12 service requirements of this Section. 13 (k) In lieu of the survivor's annuity described in this 14 Section, the spouse of the member has the option to select 15 the Nonoccupational Death Benefit described in this Article, 16 provided the spouse is the sole survivor and the sole 17 nominated beneficiary of the member. 18 (Source: P.A. 86-273.) 19 (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128) 20 Sec. 14-128. Occupational death benefit. An 21 occupational death benefit is provided for a member of the 22 System whose death, prior to retirement, is the proximate 23 result of bodily injuries sustained or a hazard undergone 24 while in the performance and within the scope of the member's 25 duties. 26 (a) Conditions for payment. 27 Exclusive of the lump sum payment provided for herein, 28 all annuities under this Section shall accrue and be payable 29 for complete calendar months, beginning on the first day of 30 the month next following the month in which the initiating 31 event occurs and ending on the last day of the month in which 32 the terminating event occurs. 33 The following named survivors of the member may be -6- LRB9000389EGfg 1 eligible for an annuity under this Section: 2 (i) The member's spouse. 3 (ii) An unmarried child of the member under age 18; 4 an unmarried stepchild under age 18 who has been such for 5 at least one year at the date of the member's death; an 6 unmarried adopted child under age 18 if the adoption 7 proceedings were initiated at least one year prior to the 8 death of the member; and an unmarried child over age 18 9 who is dependent by reason of a physical or mental 10 disability, for so long as such physical or mental 11 disability continues. For the purposes of this Section 12 disability means inability to engage in any substantial 13 gainful activity by reason of any medically determinable 14 physical or mental impairment which can be expected to 15 result in death or which has lasted or can be expected to 16 last for a continuous period of not less than 12 months. 17 (iii) If no spouse or eligible children survive: a 18 dependent parent of the member; a dependent step-parent 19 by a marriage contracted before the member attained age 20 18; or a dependent adopting parent by whom the member was 21 adopted before he attained age 18. 22 The term "dependent" relating to an occupational death 23 benefit means a survivor of the member who was receiving from 24 the member at the date of the member's death at least 1/2 of 25 the support for maintenance including board, lodging, medical 26 care and like living costs. 27 Payment of the annuity shall continue until the 28 occurrence of the following: 29 (1) remarriage before age 55 or death, in the case 30 of a surviving spouse, except as provided in subsection 31 (a-5); 32 (2) attainment of age 18 or termination of 33 disability, death, or marriage, in the case of an 34 eligible child; -7- LRB9000389EGfg 1 (3) remarriage before age 55 or death, in the case 2 of a dependent parent. 3 If none of the aforementioned beneficiaries is living at 4 the date of death of the member, no occupational death 5 benefit shall be payable, but the nonoccupational death 6 benefit shall be payable as provided in this Article. 7 (a-5) This subsection applies only to the surviving 8 spouse of a person who dies while in service as a State 9 policeman. This subsection is not limited to cases where the 10 deceased member was in service on or after the effective date 11 of this amendatory Act of 1997. 12 The provisions of subdivisions (a)(1) and (b)(3) of this 13 Section terminating the annuity of a surviving spouse due to 14 remarriage do not apply to surviving spouses to whom this 15 subsection (a-5) applies. 16 A surviving spouse whose occupational death benefit 17 annuity has been terminated at any time due to remarriage may 18 apply to have the annuity reinstated. If, at the time of 19 application, the annuity is not payable to an eligible 20 surviving child or parent, payment to the surviving spouse 21 shall be reinstated effective on the first day of the month 22 following the month in which the completed application is 23 received by the Board. If, at the time of application, the 24 annuity is payable to an eligible surviving child or parent, 25 payment of the annuity to the surviving spouse shall not be 26 reinstated until the pension is no longer payable to any 27 surviving child or parent. The reinstated annuity shall 28 include any one-time or annual increases received prior to 29 the date of termination, but shall not include any increases 30 that would otherwise have accrued from the date of 31 termination to the date of reinstatement. 32 (b) Amount of benefit. 33 The member's accumulated contributions plus credited 34 interest shall be payable in a lump sum to such person as the -8- LRB9000389EGfg 1 member has nominated by written direction, duly acknowledged 2 and filed with the Board, or if no such nomination to the 3 estate of the member. When an annuitant is re-employed by a 4 Department, the accumulated contributions plus credited 5 interest payable on the member's account shall, if the member 6 has not previously elected a reversionary annuity, consist of 7 the excess, if any, of the member's total accumulated 8 contributions plus credited interest for all creditable 9 service over the total amount of all retirement annuity 10 payments received by the member prior to death. 11 In addition to the foregoing payment, an annuity is 12 provided for eligible survivors as follows: 13 (1) If the survivor is a spouse only, the annuity 14 shall be 50% of the member's final average compensation. 15 (2) If the spouse has in his or her care an 16 eligible child or children, the annuity shall be 17 increased by an amount equal to 15% of the final average 18 compensation on account of each such child, subject to a 19 limitation on the combined annuities to a surviving 20 spouse and children of 75% of final average compensation. 21 (3) If there is no surviving spouse, or if the 22 surviving spouse dies or remarries (except as provided in 23 subsection (a-5) of this Section) while a child remains 24 eligible, then each such child shall be entitled to an 25 annuity of 15% of the deceased member's final average 26 compensation, subject to a limitation of 50% of final 27 average compensation to all such children. 28 (4) If there is no surviving spouse or eligible 29 children, then an annuity shall be payable to the 30 member's dependent parents, equal to 25% of final average 31 compensation to each such beneficiary. 32 If any annuity payable under this Section is less than 33 the corresponding survivors annuity, the beneficiary or 34 beneficiaries of the annuity under this Section may elect to -9- LRB9000389EGfg 1 receive the survivors annuity and the Nonoccupational Death 2 Benefit provided for in this Article in lieu of the annuity 3 provided under this Section. 4 (c) Occupational death claims pending adjudication by 5 the Industrial Commission or a ruling by the agency 6 responsible for determining the liability of the State under 7 the "Workers' Compensation Act "or "Workers' Occupational 8 Diseases Act "shall be payable under the Survivor's Annuity9 Section 14-121 of this Article until a ruling or adjudication 10 occurs if the beneficiary or beneficiaries: (1) meet all 11 conditions for payment as prescribed in this Article; and (2) 12 execute an assignment of benefits payable as a result of 13 adjudication by the Industrial Commission or a ruling by the 14 agency responsible for determining the liability of the State 15 under such Acts. The assignment shall be made to the System 16 and shall be for an amount equal to the excess of benefits 17 paid under the Survivor's AnnuitySection 14-121 of this 18 Article over benefits payable as a result of adjudication of 19 the Workers' Compensation claim computed from the date of 20 death of the member. 21 (d) Every occupational death annuity payable under this 22 Section shall be increased on each January 1 occurring on or 23 after (i) January 1, 1990, or (ii) the first anniversary of 24 the commencement of the annuity, whichever occurs later, by 25 an amount equal to 3% of the current amount of the annuity, 26 including any previous increases under this Article, without 27 regard to whether the deceased member was in service on the 28 effective date of this amendatory Act of 1991. 29 (Source: P.A. 86-273; 86-1488.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.
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