Section 1540.140  Removal of Children from Care of Surviving Spouse

a)         Children Under Age 18

            If a spouse is receiving a widow's or survivors' annuity prior to age 50 because minor children of the member are under the care of the spouse and the children are legally removed by order of a court from the spouse's care, then the widow's annuity or survivors'  annuity  payable  to  the spouse shall be suspended until the spouse attains age 50; however, the children eligible to receive a survivors' annuity, if under the care of the legal guardian, may continue to receive their portion of the survivors' benefit, based on their individual eligibility.  Widow's or survivors' annuity payments accepted by the spouse after the children have legally been removed by order of a court from the spouse's care will be considered benefit overpayments due to the System.

b)         Children Over Age 18 and Under Age 22 and a Full-Time Student

1)         If under the care of the surviving spouse at attainment of age 18, children over age 18 and under age 22 and a full-time student will be presumed under the care of a surviving spouse during their period of eligibility, based upon a self-certification signed by the surviving spouse.  However, the surviving spouse will not be considered as the natural guardian of the child.

2)         Application for benefits by or on behalf of a child over age 18 and under age 22 and a full-time student must be accompanied by a student certification.  The certification must have the signature of the student and a representative of the school to be valid.  A new certification must be obtained and submitted to the System semi-annually after initial approval of the benefit.

(Source:  Amended at 22 Ill. Reg. 967, effective December 22, 1997)