(40 ILCS 5/12-138) (from Ch. 108 1/2, par. 12-138)
Sec. 12-138.
Amount of child's benefit.
A child's benefit effective upon
death of an employee occurring on or after July 1, 1983 shall
be $100 per month, if a parent survives; or $150
per month if no parent survives, or upon the death of the surviving parent;
provided that the combined benefits to a widow and children, or for children
only if there is no widow, shall not exceed 60% of final salary in any case
where the employee's death resulted from any cause other than an act of
duty, or 75% of such salary if death was the result of an act of duty. Where
such limitations are exceeded, the benefits to the widow and children shall
be reduced pro rata to conform to the applicable limitation.
If a parent survives, the child's benefit shall be paid to the parent if
the parent is providing support for the child, unless another person has
been appointed by a court as the guardian of the child. If no parent
survives, or if a surviving parent is not providing support for the child,
the child's benefit shall be paid to the legally appointed guardian.
(Source: P.A. 82-1008.)
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