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90_SB0136
40 ILCS 5/14-118 from Ch. 108 1/2, par. 14-118
40 ILCS 5/14-120 from Ch. 108 1/2, par. 14-120
Amends the State Employee Article of the Illinois Pension
Code. Provides that a person with at least 20 years of
service as a State policeman need not be married for one year
before retirement in order to qualify a surviving spouse for
a widow's or survivor's annuity. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 14-118 and 14-120.
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 14-118 and 14-120 as follows:
7 (40 ILCS 5/14-118) (from Ch. 108 1/2, par. 14-118)
8 Sec. 14-118. Widow's annuity - Conditions for payment.
9 A widow who exercises the right of election to receive an
10 annuity pursuant to this Section is entitled to a lump sum
11 payment of $500 plus a widow's annuity, if:
12 (1) she was married to the deceased member for at least
13 one 1 year prior to his death or retirement, whichever first
14 occurs, and also on the day of the last termination of his
15 service as a State employee (except that in the case of a
16 member who dies on or after the effective date of this
17 amendatory Act of 1997, regardless of the date of withdrawal,
18 and has at least 20 years of creditable service as a State
19 policeman, the requirement of marriage at least one year
20 before the date of withdrawal does not apply);
21 (2) the deceased member had at least 8 years of
22 creditable service if death occurred while in service, or
23 while on leave of absence from service, or while in receipt
24 of a nonoccupational disability or occupational disability
25 benefit, or after retirement;
26 (3) she was nominated exclusively to receive the entire
27 death benefit payable under this Article;
28 (4) death of the member occurred after withdrawal, and
29 he had fulfilled the prescribed age and service conditions
30 for establishing a right in a retirement annuity; and
31 (5) she elected to receive the widow's annuity within 6
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1 months from the date of death of the employee, otherwise the
2 survivors annuity if applicable, shall be payable.
3 If a widow's annuity beneficiary becomes entitled to a
4 survivors annuity and a widow's annuity, she shall elect to
5 receive only one of such annuities.
6 The surviving spouse of a person who (1) died on or after
7 January 1, 1985, (2) withdrew from service prior to August 1,
8 1953, (3) was receiving an annuity from the system at the
9 time of death, and (4) meets all other requirements of this
10 Section, shall be entitled to the benefits provided under
11 this Section.
12 A widow's annuity shall be payable beginning on the first
13 of the month following the date of death of the member if the
14 widow has then attained age 50 or, if she is under age 50 on
15 such date, on the first of the month following her attainment
16 of such age; provided, that if an unmarried child or children
17 of the member under age 18 also survive him, and the child or
18 children are under the care of the eligible widow, the
19 widow's annuity shall begin on the first of the month
20 following the member's death without regard to the age of the
21 widow. If she is under age 50 at the death of the member and
22 she qualifies for a widow's annuity, she is entitled to
23 receive the lump sum payment immediately upon application,
24 but payment of the widow's annuity shall be deferred as
25 provided above.
26 The provision for a widow's annuity shall not be
27 construed to affect the payment of a reversionary annuity.
28 If a widow qualifies for more than one widow's annuity, or
29 for a widow's annuity and a survivors annuity, she shall
30 elect to receive only one of such annuities.
31 This Section shall not apply to the widow of any male
32 person who first became a member after July 19, 1961.
33 (Source: P.A. 84-1028.)
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1 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
2 Sec. 14-120. Survivors annuities - Conditions for
3 payments. A survivors annuity is established for all members
4 of the System. Upon the death of any male person who was a
5 member on July 19, 1961, however, his widow may have the
6 option of receiving the widow's annuity provided in this
7 Article, in lieu of the survivors annuity.
8 (a) A survivors annuity beneficiary, as herein defined,
9 is eligible for a survivors annuity if the deceased member
10 had completed at least 1 1/2 years of contributing creditable
11 service if death occurred:
12 (1) While in service;
13 (2) While on an approved or authorized leave of absence
14 from service, not exceeding one year continuously; or
15 (3) While in receipt of a non-occupational disability or
16 an occupational disability benefit.
17 (b) If death of the member occurs after withdrawal, the
18 survivors annuity beneficiary is eligible for such annuity
19 only if the member had fulfilled at the date of withdrawal
20 the prescribed service conditions for establishing a right in
21 a retirement annuity.
22 (c) Payment of the survivors annuity shall begin
23 immediately if the beneficiary is 50 years or over, or upon
24 attainment of age 50 if the beneficiary is under that age at
25 the date of the member's death. In the case of survivors of a
26 member whose death occurred between November 1, 1970 and July
27 15, 1971, the payment of the survivors annuity shall begin
28 upon October 1, 1977, if the beneficiary is then 50 years of
29 age or older, or upon the attainment of age 50 if the
30 beneficiary is under that age on October 1, 1977.
31 If an eligible child or children, under the care of the
32 spouse also survive the member, the survivors annuity shall
33 begin immediately without regard to whether the beneficiary
34 has attained age 50.
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1 Benefits under this Section shall accrue and be payable
2 for whole calendar months, beginning on the first day of the
3 month after the initiating event occurs and ending on the
4 last day of the month in which the terminating event occurs.
5 (d) A survivor annuity beneficiary means:
6 (1) A spouse of a member or annuitant if the current
7 marriage with member was in effect at least one year at the
8 date of the member's death or at least one year at the date
9 of his withdrawal, whichever first occurs (except that in the
10 case of a member who dies on or after the effective date of
11 this amendatory Act of 1997, regardless of the date of
12 withdrawal, and has at least 20 years of creditable service
13 as a State policeman, the requirement of marriage at least
14 one year before the date of withdrawal does not apply);
15 (2) An unmarried child under age 18 of the member or
16 annuitant; an unmarried stepchild under age 18 who has been
17 such for at least one year at the date of the member's death
18 or at least one year at the date of withdrawal, whichever
19 first occurs; an unmarried adopted child under age 18 if the
20 adoption proceedings were initiated at least one year prior
21 to the death or withdrawal of the member or annuitant,
22 whichever first occurs; and an unmarried child over age 18 if
23 he is dependent by reason of a physical or mental disability
24 so long as such physical or mental disability continues. For
25 purposes of this sub-section, disability means inability to
26 engage in any substantial gainful activity by reason of any
27 medically determinable physical or mental impairment which
28 can be expected to result in death or which has lasted or can
29 be expected to last for a continuous period of not less than
30 12 months;
31 (3) A dependent parent of the member or annuitant; a
32 dependent step-parent by a marriage contracted before the
33 member or annuitant attained age 18; or a dependent adopting
34 parent by whom the member or annuitant was adopted before he
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1 attained age 18.
2 (e) Remarriage before age 55 or death of a spouse;
3 marriage or death of a child; or remarriage before age 55 or
4 death of a parent terminates the survivors annuity payable on
5 account of such beneficiary. Remarriage of a prospective
6 beneficiary prior to the attainment of age 50 disqualifies
7 the beneficiary for the annuity expectancy hereunder.
8 Termination due to a marriage or remarriage shall be
9 permanent regardless of any future changes in marital status.
10 Any person whose survivors annuity was terminated during
11 1978 or 1979 due to remarriage at age 55 or over shall be
12 eligible to apply, not later than July 1, 1990, for a
13 resumption of that annuity, to begin on July 1, 1990.
14 (f) The term "dependent" relating to a survivors annuity
15 means a beneficiary of a survivors annuity who was receiving
16 from the member at the date of the member's death at least
17 1/2 of the support for maintenance including board, lodging,
18 medical care and like living costs.
19 (g) If there is no eligible spouse surviving the member,
20 or if a survivors annuity beneficiary includes a spouse who
21 dies or remarries, the annuity is payable to an unmarried
22 child or children. If at the date of death of the member
23 there is no spouse or unmarried child, payments shall be made
24 to a dependent parent or parents. If no eligible survivors
25 annuity beneficiary survives the member, the non-occupational
26 death benefit is payable in the manner provided in this
27 Article.
28 (h) Survivor benefits do not affect any reversionary
29 annuity.
30 (i) If a survivors annuity beneficiary becomes entitled
31 to a widow's annuity or one or more survivors annuities or
32 both such annuities, the beneficiary shall elect to receive
33 only one of such annuities.
34 (j) Contributing creditable service under the State
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1 Universities Retirement System and the Teachers Retirement
2 System of the State of Illinois shall be considered in
3 determining whether the member has met the contributing
4 service requirements of this Section.
5 (k) In lieu of the Survivor's Annuity described in this
6 Section, the spouse of the member has the option to select
7 the Nonoccupational Death Benefit described in this Article,
8 provided the spouse is the sole survivor and the sole
9 nominated beneficiary of the member.
10 (Source: P.A. 86-273.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.