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(40 ILCS 5/20-123) (from Ch. 108 1/2, par. 20-123)
(Text of Section WITH the changes made by P.A. 98-599, which has been held unconstitutional)
Sec. 20-123. Survivor's annuity. The provisions governing a retirement
annuity shall be applicable to a survivor's annuity. Appropriate credits shall
be established for survivor's annuity purposes in those participating systems
which provide survivor's annuities, according to the same conditions and
subject to the same limitations and restrictions herein prescribed for a
retirement annuity. If a participating system has no survivor's annuity
benefit, or if the survivor's annuity benefit under that system is waived,
pension credit established in that system shall not be considered
in determining eligibility for or the amount of the survivor's annuity which
may be payable by any other participating system.
For persons who participate in the self-managed plan established under
Section 15-158.2 or the portable benefit package established under Section
15-136.4, pension credit established under Article 15 may be considered in
determining eligibility for or the amount of the survivor's annuity that is
payable by any other participating system, but pension credit established in
any other system shall not result in any right to a survivor's annuity under
the Article 15 system.
For persons who participate in a defined contribution plan established under Article 2, 14, 15, or 16 of this Code to whom the provisions of this Article apply, the pension credits established under the defined contribution plan may be considered in
determining eligibility for or the amount of the defined benefit survivor's annuity that is
payable by any other participating system, but pension credits established in
any other system shall not result in any right to or increase in the value of a survivor's annuity under
the defined contribution plan, which depends solely on the options chosen and the value of the participant's vested account
balances and is not subject to any proportional adjustment under this
Section. (Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional)
Sec. 20-123.
Survivor's annuity.
The provisions governing a retirement
annuity shall be applicable to a survivor's annuity. Appropriate credits shall
be established for survivor's annuity purposes in those participating systems
which provide survivor's annuities, according to the same conditions and
subject to the same limitations and restrictions herein prescribed for a
retirement annuity. If a participating system has no survivor's annuity
benefit, or if the survivor's annuity benefit under that system is waived,
pension credit established in that system shall not be considered
in determining eligibility for or the amount of the survivor's annuity which
may be payable by any other participating system.
For persons who participate in the self-managed plan established under
Section 15-158.2 or the portable benefit package established under Section
15-136.4, pension credit established under Article 15 may be considered in
determining eligibility for or the amount of the survivor's annuity that is
payable by any other participating system, but pension credit established in
any other system shall not result in any right to a survivor's annuity under
the Article 15 system.
(Source: P.A. 91-887, eff. 7-6-00.)
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