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Public Act 095-0870
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| HB5120 Enrolled |
LRB095 16598 AMC 42629 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Section 16-140 as follows:
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(40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
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Sec. 16-140. Survivors' benefits - definitions.
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(a) For the purpose of Sections 16-138 through 16-143.2, |
the following
terms shall have the following meanings, unless |
the context otherwise
requires:
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(1) "Average salary": the average salary for the |
highest 4 consecutive
years within the last 10 years of |
creditable service immediately preceding
date of death or |
retirement, whichever is applicable, or the average salary
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for the total creditable service if service is less than 4 |
years.
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(2) "Member": any teacher included in the membership of |
the system.
However, a teacher who becomes an annuitant of |
the system or a teacher
whose services terminate after 20 |
years of service from any cause other
than retirement is |
considered a member, subject to the
conditions and |
limitations stated in this Article.
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(3) "Dependent beneficiary": (A) a surviving spouse of |
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a member or
annuitant who was married to the member or |
annuitant for the 12 month
period immediately preceding and |
on the date of death of such member or
annuitant, except |
where a child is born of such marriage, in which case the
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qualifying period shall not be applicable;
(A-1) a |
surviving spouse of a member or annuitant who (i) was |
married to the
member or annuitant on the date of the |
member or annuitant's death, (ii) was
married to the member |
or annuitant for a period of at least 12 months (but not
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necessarily the 12 months immediately preceding the member |
or annuitant's
death), and (iii) has not received a benefit |
under subsection (a) of Section
16-141 or paragraph (1) of |
Section 16-142; (B) an eligible child of a member
or |
annuitant; and (C) a dependent parent.
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Unless otherwise designated by the member, eligibility |
for benefits shall
be in the order named, except that a |
dependent parent shall be eligible only if
there is no |
other dependent beneficiary. Any benefit to be received by |
or paid
to a dependent beneficiary to be determined under |
this paragraph as provided in
Sections 16-141 and 16-142 |
may be received by or paid to a trust established
for such |
dependent beneficiary if such dependent beneficiary is |
living at the
time such benefit would be received by or |
paid to such trust.
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(4) "Eligible child": an unmarried natural or adopted |
child of the member
or annuitant under age 18 (age 22 if a |
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full-time student). An unmarried
natural or adopted child, |
regardless of age, who is dependent by reason of a
physical |
or mental disability, except any such child receiving |
benefits under
Article III of the Illinois Public Aid Code, |
is eligible for so long as such
physical or mental |
disability continues. An adopted child, however, is
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eligible only if the proceedings for adoption were |
finalized while the child
was a minor.
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For purposes of this subsection, "disability" means an |
inability to
engage in any substantial gainful activity by |
reason of any medically
determinable physical or mental |
impairment which can be expected to result
in death or |
which has lasted or can be expected to last for a |
continuous
period of not less than 12 months.
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The changes made to this Section
by Public Act 90-448, |
relating to benefits
for certain
unmarried children who are |
full-time students under age 22, apply without
regard to |
whether the deceased member was in service on or after the |
effective
date of that Act. These changes do not
authorize |
the
repayment of a refund or a re-election of benefits, and |
any benefit or increase
in benefits resulting from these |
changes is not payable retroactively for any
period before |
the effective date of that Act.
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(5) "Dependent parent": a parent who was receiving at |
least 1/2 of his
or her support from a member or annuitant |
for the 12-month period
immediately preceding and on the |
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date of such member's or annuitant's
death, provided |
however, that such dependent status terminates upon a
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member's acceptance of a refund for survivor benefit |
contributions as
provided under Section 16-142.
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(6) "Non-dependent beneficiary": any person, |
organization or other entity
designated by the member who |
does not qualify as a dependent beneficiary.
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(7) "In service": the condition of a member being in |
receipt of
salary as a teacher at any time within 12 months |
immediately before his
or her death, being on leave of |
absence for which the member, upon return
to teaching, |
would be eligible to purchase service credit under |
subsection
(b)(5) of Section 16-127, or being in receipt of |
a disability or
occupational disability benefit. This term |
does not include any annuitant
or member who previously |
accepted a refund of survivor benefit
contributions under |
paragraph (1) of Section 16-142 unless the conditions
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specified in subsection (b) of Section 16-143.2 are met.
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(b) The change to this Section made by Public Act 90-511 |
applies without
regard to whether the deceased member or |
annuitant was in service on or after
the effective date of that |
Act.
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The change to this Section made by this amendatory Act of |
the 91st General
Assembly applies without regard to whether the |
deceased member or annuitant was
in service on or after the |
effective date of this amendatory Act.
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