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Illinois Compiled Statutes - Full Text
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(40 ILCS 5/5-136.1) (from Ch. 108 1/2, par. 5-136.1)
Sec. 5-136.1.
(a) Notwithstanding the other provisions of this
Article, the widow of a policeman (1) who retires on or after January 1, 1986,
and subsequently dies while receiving a retirement annuity, or (2) dies
on or after January 1, 1991 while receiving a retirement annuity without
regard to the date of retirement, or (3) dies after
December 31, 1985, while an active policeman with at least 1 1/2 years of
creditable service, may in lieu of any other widow's annuity have the
amount of widow's annuity calculated in accordance with this Section.
(b) If the deceased policeman was an active policeman at the time of
his death and had at least 1 1/2 years of creditable service, the widow's
annuity shall be 30% of the annual maximum salary attached to the
classified civil service position of a first class patrolman at the time of
his death. If such policeman dies on or after January 1, 1991, the
widow's annuity shall be the greater of (1) 30% of the annual maximum
salary attached to the classified civil service position of a first class
patrolman at the time of his death, or (2) 50% of the retirement annuity
the deceased policeman would have been eligible to receive if he had
retired from service on the day before his death.
This annuity is fixed at the time of the policeman's death and
does not increase. This annuity shall not be limited to the maximum dollar
amount in effect for widows' annuities at the time of the policeman's death.
(c) If the deceased policeman was receiving a retirement annuity at the
time of his death, the widow's annuity shall be equal to 40% of the
policeman's annuity at the time of the policeman's death until December
31, 1987, and 50% of such policeman's annuity thereafter. The increase in
widow's annuity provided by this amendatory Act of 1987 shall apply to all
annuities calculated under this subsection (c). This annuity
shall not be limited to the maximum dollar amount in effect for widows'
annuities at the time of the policeman's death or retirement.
(d) This Section shall in no way limit any annuity otherwise payable
under this Article.
(e) The widow's annuity of any widow of a policeman who retired on or
after January 1, 1986 and died while receiving a retirement annuity, which
was not calculated under this Section because the deceased policeman had
reached age 63 prior to January 1, 1986, shall be recalculated, effective
January 1, 1991, in accordance with the provisions of this Section,
notwithstanding Section 1-103.1.
(Source: P.A. 85-964; 86-1488.)
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