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90_SB0137
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.
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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
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1 the date of the member's death. In the case of survivors of
2 a member whose death occurred between November 1, 1970 and
3 July 15, 1971, the payment of the survivors annuity shall
4 begin upon October 1, 1977, if the beneficiary is then 50
5 years of age or older, or upon the attainment of age 50 if
6 the 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 withdrawal, whichever first
20 occurs.;
21 (2) An unmarried child under age 18 of the member
22 or annuitant; an unmarried stepchild under age 18 who has
23 been such for at least one year at the date of the
24 member's death or at least one year at the date of
25 withdrawal, whichever first occurs; an unmarried adopted
26 child under age 18 if the adoption proceedings were
27 initiated at least one year prior to the death or
28 withdrawal of the member or annuitant, whichever first
29 occurs; and an unmarried child over age 18 if he is
30 dependent by reason of a physical or mental disability so
31 long as such physical or mental disability continues.
32 For purposes of this subsection, disability means
33 inability to engage in any substantial gainful activity
34 by reason of any medically determinable physical or
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1 mental impairment which can be expected to result in
2 death or which has lasted or can be expected to last for
3 a continuous period of not less than 12 months.;
4 (3) A dependent parent of the member or annuitant;
5 a dependent step-parent by a marriage contracted before
6 the member or annuitant attained age 18; or a dependent
7 adopting parent by whom the member or annuitant was
8 adopted before he attained age 18.
9 (e) Remarriage before age 55 or death of a spouse,;
10 marriage or death of a child,; or remarriage before age 55 or
11 death of a parent, terminates the survivors annuity payable
12 on account of such beneficiary. Remarriage of a prospective
13 beneficiary prior to the attainment of age 50 disqualifies
14 the beneficiary for the annuity expectancy hereunder.
15 Termination due to a marriage or remarriage shall be
16 permanent regardless of any future changes in marital status.
17 However, this subsection is subject to the provisions of
18 subsections (e-1) and (e-2).
19 (e-1) Any person whose survivors annuity was terminated
20 during 1978 or 1979 due to remarriage at age 55 or over shall
21 be eligible to apply, not later than July 1, 1990, for a
22 resumption of that annuity, to begin on July 1, 1990.
23 (e-2) This subsection applies only to the surviving
24 spouse of a person who dies while in service as a State
25 policeman or withdraws from service with at least 20 years of
26 eligible creditable service as a State policeman. This
27 subsection is not limited to cases where the deceased member
28 was in service on or after the effective date of this
29 amendatory Act of 1997.
30 The provisions of subsections (e) and (g) of this Section
31 terminating the annuity or expectation of an annuity of a
32 surviving spouse due to remarriage do not apply to surviving
33 spouses to whom this subsection (e-2) applies.
34 A surviving spouse whose survivors annuity has been
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1 terminated at any time due to remarriage may apply to have
2 the annuity reinstated. If, at the time of application, the
3 annuity is not payable to an eligible surviving child or
4 parent, payment to the surviving spouse shall be reinstated
5 effective on the first day of the month following the month
6 in which the completed application is received by the Board.
7 If, at the time of application, the annuity is payable to an
8 eligible surviving child or parent, payment of the annuity to
9 the surviving spouse shall not be reinstated until the
10 pension is no longer payable to any surviving child or
11 parent. A surviving spouse whose expectation of receiving a
12 survivors annuity was terminated due to remarriage before
13 attainment of age 50 shall also be entitled to reinstatement
14 under this subsection, except that the resulting survivors
15 annuity shall not become payable sooner than upon the
16 surviving spouse's attainment of age 50. The reinstated
17 annuity shall include any one-time or annual increases
18 received prior to the date of termination, but shall not
19 include any increases that would otherwise have accrued from
20 the date of termination to the date of reinstatement.
21 (f) The term "dependent" relating to a survivors annuity
22 means a beneficiary of a survivors annuity who was receiving
23 from the member at the date of the member's death at least
24 1/2 of the support for maintenance including board, lodging,
25 medical care and like living costs.
26 (g) If there is no eligible spouse surviving the member,
27 or if a survivors annuity beneficiary includes a spouse who
28 dies or remarries (except as provided in subsection (e-2) of
29 this Section), the annuity is payable to an unmarried child
30 or children. If at the date of death of the member there is
31 no spouse or unmarried child, payments shall be made to a
32 dependent parent or parents. If no eligible survivors
33 annuity beneficiary survives the member, the non-occupational
34 death benefit is payable in the manner provided in this
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1 Article.
2 (h) Survivor benefits do not affect any reversionary
3 annuity.
4 (i) If a survivors annuity beneficiary becomes entitled
5 to a widow's annuity or one or more survivors annuities or
6 both such annuities, the beneficiary shall elect to receive
7 only one of such annuities.
8 (j) Contributing creditable service under the State
9 Universities Retirement System and the Teachers Retirement
10 System of the State of Illinois shall be considered in
11 determining whether the member has met the contributing
12 service requirements of this Section.
13 (k) In lieu of the survivor's annuity described in this
14 Section, the spouse of the member has the option to select
15 the Nonoccupational Death Benefit described in this Article,
16 provided the spouse is the sole survivor and the sole
17 nominated beneficiary of the member.
18 (Source: P.A. 86-273.)
19 (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
20 Sec. 14-128. Occupational death benefit. An
21 occupational death benefit is provided for a member of the
22 System whose death, prior to retirement, is the proximate
23 result of bodily injuries sustained or a hazard undergone
24 while in the performance and within the scope of the member's
25 duties.
26 (a) Conditions for payment.
27 Exclusive of the lump sum payment provided for herein,
28 all annuities under this Section shall accrue and be payable
29 for complete calendar months, beginning on the first day of
30 the month next following the month in which the initiating
31 event occurs and ending on the last day of the month in which
32 the terminating event occurs.
33 The following named survivors of the member may be
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1 eligible for an annuity under this Section:
2 (i) The member's spouse.
3 (ii) An unmarried child of the member under age 18;
4 an unmarried stepchild under age 18 who has been such for
5 at least one year at the date of the member's death; an
6 unmarried adopted child under age 18 if the adoption
7 proceedings were initiated at least one year prior to the
8 death of the member; and an unmarried child over age 18
9 who is dependent by reason of a physical or mental
10 disability, for so long as such physical or mental
11 disability continues. For the purposes of this Section
12 disability means inability to engage in any substantial
13 gainful activity by reason of any medically determinable
14 physical or mental impairment which can be expected to
15 result in death or which has lasted or can be expected to
16 last for a continuous period of not less than 12 months.
17 (iii) If no spouse or eligible children survive: a
18 dependent parent of the member; a dependent step-parent
19 by a marriage contracted before the member attained age
20 18; or a dependent adopting parent by whom the member was
21 adopted before he attained age 18.
22 The term "dependent" relating to an occupational death
23 benefit means a survivor of the member who was receiving from
24 the member at the date of the member's death at least 1/2 of
25 the support for maintenance including board, lodging, medical
26 care and like living costs.
27 Payment of the annuity shall continue until the
28 occurrence of the following:
29 (1) remarriage before age 55 or death, in the case
30 of a surviving spouse, except as provided in subsection
31 (a-5);
32 (2) attainment of age 18 or termination of
33 disability, death, or marriage, in the case of an
34 eligible child;
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1 (3) remarriage before age 55 or death, in the case
2 of a dependent parent.
3 If none of the aforementioned beneficiaries is living at
4 the date of death of the member, no occupational death
5 benefit shall be payable, but the nonoccupational death
6 benefit shall be payable as provided in this Article.
7 (a-5) This subsection applies only to the surviving
8 spouse of a person who dies while in service as a State
9 policeman. This subsection is not limited to cases where the
10 deceased member was in service on or after the effective date
11 of this amendatory Act of 1997.
12 The provisions of subdivisions (a)(1) and (b)(3) of this
13 Section terminating the annuity of a surviving spouse due to
14 remarriage do not apply to surviving spouses to whom this
15 subsection (a-5) applies.
16 A surviving spouse whose occupational death benefit
17 annuity has been terminated at any time due to remarriage may
18 apply to have the annuity reinstated. If, at the time of
19 application, the annuity is not payable to an eligible
20 surviving child or parent, payment to the surviving spouse
21 shall be reinstated effective on the first day of the month
22 following the month in which the completed application is
23 received by the Board. If, at the time of application, the
24 annuity is payable to an eligible surviving child or parent,
25 payment of the annuity to the surviving spouse shall not be
26 reinstated until the pension is no longer payable to any
27 surviving child or parent. The reinstated annuity shall
28 include any one-time or annual increases received prior to
29 the date of termination, but shall not include any increases
30 that would otherwise have accrued from the date of
31 termination to the date of reinstatement.
32 (b) Amount of benefit.
33 The member's accumulated contributions plus credited
34 interest shall be payable in a lump sum to such person as the
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1 member has nominated by written direction, duly acknowledged
2 and filed with the Board, or if no such nomination to the
3 estate of the member. When an annuitant is re-employed by a
4 Department, the accumulated contributions plus credited
5 interest payable on the member's account shall, if the member
6 has not previously elected a reversionary annuity, consist of
7 the excess, if any, of the member's total accumulated
8 contributions plus credited interest for all creditable
9 service over the total amount of all retirement annuity
10 payments received by the member prior to death.
11 In addition to the foregoing payment, an annuity is
12 provided for eligible survivors as follows:
13 (1) If the survivor is a spouse only, the annuity
14 shall be 50% of the member's final average compensation.
15 (2) If the spouse has in his or her care an
16 eligible child or children, the annuity shall be
17 increased by an amount equal to 15% of the final average
18 compensation on account of each such child, subject to a
19 limitation on the combined annuities to a surviving
20 spouse and children of 75% of final average compensation.
21 (3) If there is no surviving spouse, or if the
22 surviving spouse dies or remarries (except as provided in
23 subsection (a-5) of this Section) while a child remains
24 eligible, then each such child shall be entitled to an
25 annuity of 15% of the deceased member's final average
26 compensation, subject to a limitation of 50% of final
27 average compensation to all such children.
28 (4) If there is no surviving spouse or eligible
29 children, then an annuity shall be payable to the
30 member's dependent parents, equal to 25% of final average
31 compensation to each such beneficiary.
32 If any annuity payable under this Section is less than
33 the corresponding survivors annuity, the beneficiary or
34 beneficiaries of the annuity under this Section may elect to
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1 receive the survivors annuity and the Nonoccupational Death
2 Benefit provided for in this Article in lieu of the annuity
3 provided under this Section.
4 (c) Occupational death claims pending adjudication by
5 the Industrial Commission or a ruling by the agency
6 responsible for determining the liability of the State under
7 the "Workers' Compensation Act" or "Workers' Occupational
8 Diseases Act" shall be payable under the Survivor's Annuity
9 Section 14-121 of this Article until a ruling or adjudication
10 occurs if the beneficiary or beneficiaries: (1) meet all
11 conditions for payment as prescribed in this Article; and (2)
12 execute an assignment of benefits payable as a result of
13 adjudication by the Industrial Commission or a ruling by the
14 agency responsible for determining the liability of the State
15 under such Acts. The assignment shall be made to the System
16 and shall be for an amount equal to the excess of benefits
17 paid under the Survivor's Annuity Section 14-121 of this
18 Article over benefits payable as a result of adjudication of
19 the Workers' Compensation claim computed from the date of
20 death of the member.
21 (d) Every occupational death annuity payable under this
22 Section shall be increased on each January 1 occurring on or
23 after (i) January 1, 1990, or (ii) the first anniversary of
24 the commencement of the annuity, whichever occurs later, by
25 an amount equal to 3% of the current amount of the annuity,
26 including any previous increases under this Article, without
27 regard to whether the deceased member was in service on the
28 effective date of this amendatory Act of 1991.
29 (Source: P.A. 86-273; 86-1488.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.