State of Illinois
90th General Assembly
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90_HB3072

      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.
                                                     LRB9009896EGfg
                                               LRB9009896EGfg
 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-                LRB9009896EGfg
 1    the date of the member's death. In the case of survivors of a
 2    member whose death occurred between November 1, 1970 and July
 3    15, 1971, the payment of the survivors  annuity  shall  begin
 4    upon  October 1, 1977, if the beneficiary is then 50 years of
 5    age or older, or  upon  the  attainment  of  age  50  if  the
 6    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 or her withdrawal,  whichever
20        first occurs.
21             (2)  An  unmarried  child under age 18 (under age 22
22        if a full-time student) of the member  or  annuitant;  an
23        unmarried  stepchild  under  age  18  (under  age 22 if a
24        full-time student) who has been such  for  at  least  one
25        year  at  the  date of the member's death or at least one
26        year at the date of withdrawal, whichever  first  occurs;
27        an  unmarried adopted child under age 18 (under age 22 if
28        a full-time student) if  the  adoption  proceedings  were
29        initiated  at  least  one  year  prior  to  the  death or
30        withdrawal of the member or  annuitant,  whichever  first
31        occurs;  and  an unmarried child over age 18 if he or she
32        is  dependent  by  reason  of  a   physical   or   mental
33        disability,  so long as the physical or mental disability
34        continues.  For purposes of this  subsection,  disability
                            -3-                LRB9009896EGfg
 1        means  inability  to  engage  in  any substantial gainful
 2        activity by reason of any medically determinable physical
 3        or mental impairment which can be expected to  result  in
 4        death  or which has lasted or can be expected to last for
 5        a continuous period of not less than 12 months.
 6             (3)  A dependent parent of the member or  annuitant;
 7        a  dependent  step-parent by a marriage contracted before
 8        the member or annuitant attained age 18; or  a  dependent
 9        adopting  parent  by  whom  the  member  or annuitant was
10        adopted before he or she attained age 18.
11        (e)  Payment of a  survivors  annuity  to  a  beneficiary
12    terminates  upon:  (1)  remarriage before age 55 or death, if
13    the beneficiary is of a spouse; (2) marriage or death, if the
14    beneficiary is of a child; or (3) remarriage before age 55 or
15    death, if the beneficiary  is  of  a  parent  terminates  the
16    survivors  annuity  payable  on  account of such beneficiary.
17    Remarriage  of  a  prospective  beneficiary  prior   to   the
18    attainment  of  age  50  disqualifies the beneficiary for the
19    annuity expectancy hereunder.  Termination due to a  marriage
20    or  remarriage  shall  be  permanent regardless of any future
21    changes in  marital  status.   However,  this  subsection  is
22    subject to the provisions of subsections (e-1) and (e-2).
23        (e-1)  Any  person whose survivors annuity was terminated
24    during 1978 or 1979 due to remarriage at age 55 or over shall
25    be eligible to apply, not later than  July  1,  1990,  for  a
26    resumption of that annuity, to begin on July 1, 1990.
27        (e-2)  This  subsection  applies  only  to  the surviving
28    spouse of a person who dies  while  in  service  as  a  State
29    policeman or withdraws from service with at least 20 years of
30    eligible  creditable  service  as  a  State  policeman.  This
31    subsection is not limited to cases where the deceased  member
32    was  in  service  on  or  after  the  effective  date of this
33    amendatory Act of 1998.
34        The provisions of subsections (e) and (g) of this Section
                            -4-                LRB9009896EGfg
 1    terminating the annuity or expectation of  an  annuity  of  a
 2    surviving  spouse due to remarriage do not apply to surviving
 3    spouses to whom this subsection (e-2) applies.
 4        A surviving  spouse  whose  survivors  annuity  has  been
 5    terminated  at  any  time due to remarriage may apply to have
 6    the annuity reinstated.  If, at the time of application,  the
 7    annuity  is  not  payable  to  an eligible surviving child or
 8    parent, payment to the surviving spouse shall  be  reinstated
 9    effective  on  the first day of the month following the month
10    in which the completed application is received by the  Board.
11    If,  at the time of application, the annuity is payable to an
12    eligible surviving child or parent, payment of the annuity to
13    the surviving  spouse  shall  not  be  reinstated  until  the
14    pension  is  no  longer  payable  to  any  surviving child or
15    parent.  A surviving spouse whose expectation of receiving  a
16    survivors  annuity  was  terminated  due to remarriage before
17    attainment of age 50 shall also be entitled to  reinstatement
18    under  this  subsection,  except that the resulting survivors
19    annuity  shall  not  become  payable  sooner  than  upon  the
20    surviving spouse's attainment of  age  50.    The  reinstated
21    annuity  shall  include  any  one-time  or  annual  increases
22    received  prior  to  the  date  of termination, but shall not
23    include any increases that would otherwise have accrued  from
24    the date of termination to the date of reinstatement.
25        (f)  The term "dependent" relating to a survivors annuity
26    means  a beneficiary of a survivors annuity who was receiving
27    from the member at the date of the member's  death  at  least
28    1/2  of the support for maintenance including board, lodging,
29    medical care and like living costs.
30        (g)  If there is no eligible spouse surviving the member,
31    or if a survivors annuity beneficiary includes a  spouse  who
32    dies  or remarries (except as provided in subsection (e-2) of
33    this Section), the annuity is payable to an  unmarried  child
34    or  children.  If at the date of death of the member there is
                            -5-                LRB9009896EGfg
 1    no spouse or unmarried child, payments shall  be  made  to  a
 2    dependent  parent  or  parents.   If  no  eligible  survivors
 3    annuity beneficiary survives the member, the non-occupational
 4    death  benefit  is  payable  in  the  manner provided in this
 5    Article.
 6        (h)  Survivor benefits do  not  affect  any  reversionary
 7    annuity.
 8        (i)  If  a survivors annuity beneficiary becomes entitled
 9    to a widow's annuity or one or more  survivors  annuities  or
10    both  such  annuities, the beneficiary shall elect to receive
11    only one of such annuities.
12        (j)  Contributing  creditable  service  under  the  State
13    Universities Retirement System and  the  Teachers  Retirement
14    System  of  the  State  of  Illinois  shall  be considered in
15    determining whether  the  member  has  met  the  contributing
16    service requirements of this Section.
17        (k)  In  lieu of the Survivor's Annuity described in this
18    Section, the spouse of the member has the  option  to  select
19    the  Nonoccupational Death Benefit described in this Article,
20    provided the  spouse  is  the  sole  survivor  and  the  sole
21    nominated beneficiary of the member.
22        (l)  The  changes  made  to  this  Section  and  Sections
23    14-118,  14-119,  and  14-128 by this amendatory Act of 1997,
24    relating to benefits for certain unmarried children  who  are
25    full-time  students  under  age  22,  apply without regard to
26    whether the deceased member was in service on  or  after  the
27    effective date of this amendatory Act of 1997.  These changes
28    do  not  authorize the repayment of a refund or a re-election
29    of  benefits,  and  any  benefit  or  increase  in   benefits
30    resulting from these changes is not payable retroactively for
31    any  period  before the effective date of this amendatory Act
32    of 1997.
33    (Source: P.A. 90-448, eff. 8-16-97.)
                            -6-                LRB9009896EGfg
 1        (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
 2        Sec.   14-128.    Occupational   death   benefit.      An
 3    occupational  death  benefit  is provided for a member of the
 4    System whose death, prior to  retirement,  is  the  proximate
 5    result  of  bodily  injuries  sustained or a hazard undergone
 6    while in the performance and within the scope of the member's
 7    duties.
 8        (a)  Conditions for payment.
 9        Exclusive of the lump sum payment  provided  for  herein,
10    all  annuities under this Section shall accrue and be payable
11    for complete calendar months, beginning on the first  day  of
12    the  month  next  following the month in which the initiating
13    event occurs and ending on the last day of the month in which
14    the terminating event occurs.
15        The following  named  survivors  of  the  member  may  be
16    eligible for an annuity under this Section:
17             (i)  The member's spouse.
18             (ii)  An  unmarried child of the member under age 18
19        (under age 22  if  a  full-time  student);  an  unmarried
20        stepchild  under  age  18  (under  age  22 if a full-time
21        student) who has been such for at least one year  at  the
22        date  of  the  member's death; an unmarried adopted child
23        under age 18 (under age 22 if a full-time student) if the
24        adoption proceedings were initiated  at  least  one  year
25        prior  to the death of the member; and an unmarried child
26        over age 18 who is dependent by reason of a  physical  or
27        mental disability, for so long as such physical or mental
28        disability  continues.   For the purposes of this Section
29        disability means inability to engage in  any  substantial
30        gainful  activity by reason of any medically determinable
31        physical or mental impairment which can  be  expected  to
32        result in death or which has lasted or can be expected to
33        last for a continuous period of not less than 12 months.
34             (iii)  If  no spouse or eligible children survive: a
                            -7-                LRB9009896EGfg
 1        dependent parent of the member; a  dependent  step-parent
 2        by  a  marriage contracted before the member attained age
 3        18; or a dependent adopting parent by whom the member was
 4        adopted before he or she attained age 18.
 5        The term "dependent" relating to  an  Occupational  Death
 6    Benefit means a survivor of the member who was receiving from
 7    the  member at the date of the member's death at least 1/2 of
 8    the support for maintenance including board, lodging, medical
 9    care and like living costs.
10        Payment  of  the  annuity  shall   continue   until   the
11    occurrence of the following:
12             (1)  remarriage  before age 55 or death, in the case
13        of a surviving spouse, except as provided  in  subsection
14        (a-5);
15             (2)  attainment   of   age   18  or  termination  of
16        disability,  death,  or  marriage,  in  the  case  of  an
17        eligible child;
18             (3)  remarriage before age 55 or death, in the  case
19        of a dependent parent.
20        If  none of the aforementioned beneficiaries is living at
21    the date of  death  of  the  member,  no  occupational  death
22    benefit  shall  be  payable,  but  the  nonoccupational death
23    benefit shall be payable as provided in this Article.
24        (a-5)  This subsection  applies  only  to  the  surviving
25    spouse  of  a  person  who  dies  while in service as a State
26    policeman.  This subsection is not limited to cases where the
27    deceased member was in service on or after the effective date
28    of this amendatory Act of 1998.
29        The provisions of subdivisions (a)(1) and (b)(3) of  this
30    Section  terminating the annuity of a surviving spouse due to
31    remarriage do not apply to surviving  spouses  to  whom  this
32    subsection (a-5) applies.
33        A  surviving  spouse  whose  occupational  death  benefit
34    annuity has been terminated at any time due to remarriage may
                            -8-                LRB9009896EGfg
 1    apply  to  have  the  annuity reinstated.  If, at the time of
 2    application, the  annuity  is  not  payable  to  an  eligible
 3    surviving  child  or  parent, payment to the surviving spouse
 4    shall be reinstated effective on the first day of  the  month
 5    following  the  month  in  which the completed application is
 6    received by the Board.  If, at the time of  application,  the
 7    annuity  is payable to an eligible surviving child or parent,
 8    payment of the annuity to the surviving spouse shall  not  be
 9    reinstated  until  the  pension  is  no longer payable to any
10    surviving child or  parent.   The  reinstated  annuity  shall
11    include  any  one-time  or annual increases received prior to
12    the date of termination, but shall not include any  increases
13    that   would   otherwise   have  accrued  from  the  date  of
14    termination to the date of reinstatement.
15        (b)  Amount of benefit.
16        The  member's  accumulated  contributions  plus  credited
17    interest shall be payable in a lump sum to such person as the
18    member has nominated by written direction, duly  acknowledged
19    and  filed  with  the  Board, or if no such nomination to the
20    estate of the member.  When an annuitant is re-employed by  a
21    Department,   the  accumulated  contributions  plus  credited
22    interest payable on the member's account shall, if the member
23    has not previously elected a reversionary annuity, consist of
24    the  excess,  if  any,  of  the  member's  total  accumulated
25    contributions  plus  credited  interest  for  all  creditable
26    service over the  total  amount  of  all  retirement  annuity
27    payments received by the member prior to death.
28        In  addition  to  the  foregoing  payment,  an annuity is
29    provided for eligible survivors as follows:
30             (1)  If the survivor is a spouse only,  the  annuity
31        shall be 50% of the member's final average compensation.
32             (2)  If  the  spouse  has  in  his  or  her  care an
33        eligible  child  or  children,  the  annuity   shall   be
34        increased  by an amount equal to 15% of the final average
                            -9-                LRB9009896EGfg
 1        compensation on account of each such child, subject to  a
 2        limitation  on  the  combined  annuities  to  a surviving
 3        spouse and children of 75% of final average compensation.
 4             (3)  If there is no  surviving  spouse,  or  if  the
 5        surviving spouse dies or remarries (except as provided in
 6        subsection  (a-5)  of this Section) while a child remains
 7        eligible, then each such child shall be  entitled  to  an
 8        annuity  of  15%  of  the deceased member's final average
 9        compensation, subject to a limitation  of  50%  of  final
10        average compensation to all such children.
11             (4)  If  there  is  no  surviving spouse or eligible
12        children,  then  an  annuity  shall  be  payable  to  the
13        member's dependent parents, equal to 25% of final average
14        compensation to each such beneficiary.
15        If any annuity payable under this Section  is  less  than
16    the  corresponding  survivors  annuity,  the  beneficiary  or
17    beneficiaries  of the annuity under this Section may elect to
18    receive the survivors annuity and the  Nonoccupational  Death
19    Benefit  provided  for in this Article in lieu of the annuity
20    provided under this Section.
21        (c)  Occupational death claims  pending  adjudication  by
22    the   Industrial   Commission  or  a  ruling  by  the  agency
23    responsible for determining the liability of the State  under
24    the  "Workers'  Compensation  Act"  or "Workers' Occupational
25    Diseases Act" shall be payable under the  Survivor's  Annuity
26    Section 14-121 of this Article until a ruling or adjudication
27    occurs  if  the  beneficiary  or beneficiaries:  (1) meet all
28    conditions for payment as prescribed in this Article; and (2)
29    execute an assignment of benefits  payable  as  a  result  of
30    adjudication  by the Industrial Commission or a ruling by the
31    agency responsible for determining the liability of the State
32    under such Acts.  The assignment shall be made to the  System
33    and  shall  be  for an amount equal to the excess of benefits
34    paid under the Survivor's  Annuity  Section  14-121  of  this
                            -10-               LRB9009896EGfg
 1    Article  over benefits payable as a result of adjudication of
 2    the Workers' Compensation claim computed  from  the  date  of
 3    death of the member.
 4        (d)  Every  occupational death annuity payable under this
 5    Section shall be increased on each January 1 occurring on  or
 6    after  (i)  January 1, 1990, or (ii) the first anniversary of
 7    the commencement of the annuity, whichever occurs  later,  by
 8    an  amount  equal to 3% of the current amount of the annuity,
 9    including any previous increases under this Article,  without
10    regard  to  whether the deceased member was in service on the
11    effective date of this amendatory Act of 1991.
12    (Source: P.A. 90-448, eff. 8-16-97.)
13        Section 99. Effective date.  This Act takes  effect  upon
14    becoming law.

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