Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/18-128.01

(40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01)

Sec. 18-128.01. Amount of survivor's annuity.

(a) Upon the death of
an annuitant, his or her surviving spouse shall be entitled to a survivor's
annuity of 66 2/3% of the annuity the annuitant was receiving immediately
prior to his or her death, inclusive of annual increases in the retirement
annuity to the date of death.

(b) Upon the death of an active participant, his or her surviving spouse
shall receive a survivor's annuity of 66 2/3% of the annuity earned by the
participant as of the date of his or her death, determined without regard
to whether the participant had attained age 60 as of that time, or 7 1/2%
of the last salary of the decedent, whichever is greater.

(c) Upon the death of a participant who had terminated service with at
least  10 years of service, his or her surviving spouse shall be entitled
to a survivor's annuity of 66 2/3% of the annuity earned by the deceased
participant at the date of death.

(d) Upon the death of an annuitant, active participant, or participant
who had terminated service with at least 10 years of service, each surviving
child under the age of 18 or disabled as defined in Section 18-128 shall
be entitled to a child's annuity in an amount equal to 5% of the decedent's
final salary, not to exceed in total for all such children the greater of
20% of the decedent's last salary or 66 2/3% of the annuity received or
earned by the decedent as provided under subsections (a) and (b) of this
Section.  This child's annuity shall be paid whether or not a survivor's
annuity was elected under Section 18-123.

(e) The changes made in the survivor's annuity provisions by Public Act
82-306 shall apply to the survivors of a deceased participant or annuitant
whose death occurs on or after August 21, 1981.

(f) Beginning January 1, 1990, every survivor's annuity shall be
increased
(1) on each January 1 occurring on or after the commencement of the annuity if
the deceased member died while receiving a retirement annuity, or (2) in other cases,
on each January 1 occurring on or after the first anniversary of
the commencement of the annuity, by an amount equal to 3% of the current
amount of the annuity, including any previous increases under this Article.
Such increases shall apply without regard to whether the deceased member
was in service on or after the effective date of this amendatory Act of
1991, but shall not accrue for any period prior to January 1, 1990.

(g) Notwithstanding any other provision of this Article, the initial survivor's  annuity  for a survivor of a participant who first serves as a judge after January 1, 2011 (the effective date of Public Act 96-889) shall be in the amount of 66 2/3% of the annuity received or earned by the decedent, and shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if
the deceased participant died while receiving a retirement annuity, or (2) in other cases,
on each January 1 occurring on or after the first anniversary of
the commencement of the annuity, but in no event prior to age 67, by an amount equal to 3% or the annual unadjusted percentage increase in the consumer price index-u as determined by the Public Pension Division of the Department of Insurance under subsection (b-5) of Section 18-125, whichever is less,  of the survivor's  annuity then being paid.

(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)