(40 ILCS 5/11-145.1)
(from Ch. 108 1/2, par. 11-145.1)
Sec. 11-145.1. Minimum annuities for widows.
The widow otherwise eligible for widow's annuity under other Sections of
this Article 11, of an employee hereinafter described, who retires from
service or dies while in the service subsequent to the effective date of
this amendatory provision, and for which widow the amount of widow's
annuity and widow's prior service annuity combined, fixed or provided for
such widow under other provisions of said Article 11 is less than the
amount hereinafter provided in this section, shall, from and after the date
her otherwise provided annuity would begin, in lieu of such otherwise
provided widow's and widow's prior service annuity, be entitled to the
following indicated amount of annuity:
(a) The widow of any employee who dies while in service on or after the date
on which he attains age 60 if the death occurs before July 1, 1990, or on or
after the date on which he attains age 55 if the death occurs on or after July
1, 1990, with at least 20 years of service, or on or after the date on which
he attains age 50 if the death occurs on or after the effective date of this
amendatory Act of 1997 with at least 30 years of service, shall be entitled
to an annuity equal to one-half of the amount of annuity which her deceased
husband would have been entitled to receive had he withdrawn from the service
on the day immediately preceding the date of his death, conditional upon such
widow having attained age 60 on or before such date if the death occurs before
July 1, 1990, or age 55 if the death occurs on or after July 1, 1990, or age
50 if the death occurs on or after January 1, 1998 and the employee is age 50
or over with at least 30 years of service or age 55 or over with at least 25
years of service. Except
as provided in subsection (j), the widow's annuity shall not, however,
exceed the sum of $500 a month if the employee's death in service occurs before
January 23, 1987. The widow's annuity shall not be limited to a maximum dollar
amount if the employee's death in service occurs on or after January 23, 1987.
If the employee dies in service before July 1, 1990, and if such
widow of such described employee shall not be 60 or more years
of age on such date of death, the amount provided in the immediately
preceding paragraph for a widow 60 or more years of age, shall, in the case
of such younger widow, be reduced by 0.25% for each month that
her then attained age is less than 60 years if the employee was born before
January 1, 1936, or dies in service on or after January 1, 1988, or
0.5% for each month that her then attained age is less
than 60 years if the employee was born on or after January 1, 1936 and
dies in service before January 1, 1988.
If the employee dies in service on or after July 1, 1990, and if the
widow of the employee has not attained age 55 on or before the employee's
date of death, the amount otherwise provided in this subsection (a) shall
be reduced by 0.25% for each month that her then attained age is less than
55 years; except that
if the employee dies in service on or after January 1, 1998 at age 50 or over
with at least 30 years of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due to the widow's age if she has
attained age 50 on or before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's date of death the amount
otherwise provided in this subsection (a) shall be reduced by 0.25% for each
month that her then attained age is less than 50 years.
(b) The widow of any employee who dies subsequent to the date of his
retirement on annuity, and who so retired on or after the date on which he
attained age 60 if retirement occurs before July 1, 1990, or on or after the
date on which he attained age 55 if retirement occurs on or after July 1, 1990,
with at least 20 years of service, or on or after the date on which he
attained age 50 if the retirement occurs on or after the effective date of this
amendatory Act of 1997 with at least 30 years of service, shall be entitled
to an annuity equal to one-half of the amount of annuity which her deceased
husband received as of the date of his retirement on annuity, conditional upon
such widow having attained age 60 on or before the date of her husband's
retirement on annuity if retirement occurs before July 1, 1990, or age 55 if
retirement occurs on or after July 1, 1990, or age 50 if the
retirement on annuity
occurs on or after January 1, 1998 and the employee is age 50 or over with
at least 30 years of service or age 55 or over with at least 25 years of
service.
Except as provided in subsection
(j), this widow's annuity shall not, however, exceed the
sum of $500 a month if the employee's death occurs before January 23, 1987.
The widow's annuity shall not be limited to a maximum dollar amount if the
employee's death occurs on or after January 23, 1987, regardless of the date
of retirement; provided that, if retirement was before January 23, 1987, the
employee or eligible spouse repays the excess spouse refund with interest at
the effective rate from the date of refund to the date of repayment.
If the date of the employee's retirement on annuity is before July 1,
1990, and if such widow of such described employee shall not have
attained such age of 60 or more years on such date of her husband's
retirement on annuity, the amount provided in the immediately preceding
paragraph for a widow 60 or more years of age on the date of her husband's
retirement on annuity, shall, in the case of such then younger widow, be
reduced by 0.25% for each month that her then attained age was less than 60
years if the employee was born before January 1, 1936, or withdraws from
service on or after January 1, 1988, or 0.5% for each month that her then
attained age was less than 60 years if the employee was born on or after
January 1, 1936 and withdraws from service before January 1, 1988.
If the date of the employee's retirement on annuity is on or after July
1, 1990, and if the widow of the employee has not attained age 55 by the
date of the employee's retirement on annuity, the amount otherwise provided
in this subsection (b) shall be reduced by 0.25% for each month that her
then attained age is less than 55 years; except that if
the employee retires on annuity on or after January 1, 1998 at age 50 or over
with at least 30 years of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due to the widow's age if she has
attained age 50 on or before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's date of death the amount
otherwise provided in this subsection (b) shall be reduced by 0.25% for each
month that her then attained age is less than 50 years.
(c) The foregoing provisions relating to minimum annuities for widows
shall not apply to the widow of any former employee receiving an annuity
from the fund on August 2, 1965 or on the effective date of this amendatory
provision, who re-enters service as a former employee, unless such employee
renders at least 3 years of additional service after the date of re-entry.
(d) (Blank).
(e) (Blank).
(f) The amendments to this Section by this amendatory Act of 1985, relating
to changing the discount because of age from 1/2 of 1% to 0.25% per month for
widows of employees born before January 1, 1936, shall apply only to qualifying
widows whose husbands die while in the service on or after August 16, 1985 or
withdraw and enter on annuity on or after August 16, 1985.
(g) Beginning on January 1, 1999, the minimum amount of widow's
annuity shall be $800 per month for life for the following
classes of widows, without regard to the fact that the death of the employee
occurred prior to the effective date of this amendatory Act of
1998:
(1) any widow annuitant alive and receiving a term annuity on the effective date of this |
The increases granted under items (1), (2), (3) and (4) of this
subsection (g) shall not be limited by any other Section of this Act.
(h) The widow of an employee who retired or died in service on or
after January 1, 1985 and before July 1, 1990, at age 55 or older, and with
at least 35 years of service credit, shall be entitled to have her widow's
annuity increased, effective January 1, 1991, to an amount equal to 50% of
the retirement annuity that the deceased employee received on the date of
retirement, or would have been eligible to receive if he had retired on the
day preceding the date of his death in service, provided that if the widow
had not attained age 60 by the date of the employee's retirement or death
in service, the amount of the annuity shall be reduced by 0.25% for each
month that her then attained age was less than age 60 if the employee's
retirement or death in service occurred on or after January 1, 1988, or by
0.5% for each month that her attained age is less than age 60 if the
employee's retirement or death in service occurred prior to January 1,
1988. However, in cases where a refund of excess contributions for
widow's annuity has been paid by the Fund, the increase in benefit provided
by this subsection (h) shall be contingent upon repayment of the
refund to the Fund with interest at the effective rate from the date of refund
to the date of payment.
(i) If a deceased employee is receiving a retirement annuity at the time
of death and that death occurs on or after June 27, 1997,
the widow may elect to receive, in lieu of any
other annuity provided under this Article, 50% of the deceased employee's
retirement annuity at the time of death reduced by 0.25% for each month that
the widow's age on the date of death is less than 55; except that if the
employee dies on or after January 1, 1998 and withdrew from service on or
after June 27, 1997 at age 50 or over with at least 30 years of service
or at age 55 or over with at least 25 years of service, there shall be no
reduction due to the widow's age if she has attained age 50 on or before the
employee's date of death, and if the widow has not attained age 50 on or before
the employee's date of death the amount otherwise provided in this subsection
(i) shall be reduced by 0.25% for each month that her age on the date of death
is less than 50 years. However, in cases where
a refund of excess contributions for widow's annuity has been paid by the Fund,
the benefit provided by this subsection (i) is contingent upon repayment of the
refund to the Fund with interest at the effective rate from the date of refund
to the date of payment.
(j) For widows of employees who died before January 23,
1987 after retirement on annuity or in service, the maximum dollar amount
limitation on widow's annuity shall cease to apply, beginning with the first
annuity payment after the effective date of this amendatory Act
of 1997; except
that if a refund of excess contributions for widow's annuity has been paid by
the Fund, the increase resulting from this subsection (j) shall not begin
before the refund has been repaid to the Fund, together with interest at the
effective rate from the date of the refund to the date of repayment.
(k) In lieu of any other annuity provided in this Article, an eligible
spouse of an employee who dies in service on or after January 1, 2002
(regardless of whether that death in service occurs prior to the effective date of this amendatory Act of the 93rd General Assembly)
with at least 10 years of service shall be
entitled to an annuity of 50% of the minimum formula annuity earned and
accrued to the credit of the employee at the date of death.
For the purposes of this subsection, the minimum formula annuity earned and
accrued to the credit of the employee is equal to 2.40% for each year of
service of the highest average annual salary for any 4 consecutive years within
the last 10 years of service immediately preceding the date of death, up to
a maximum of 80% of the highest average annual salary. This annuity shall
not be reduced due to the age of the employee or spouse. In addition to any
other eligibility requirements under this Article, the spouse is eligible for
this annuity only if the marriage was in effect for 10 full years or more.
(Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
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