Full Text of HB0049 95th General Assembly
HB0049enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| Sections 1-104.3, 2-121, 3-108, 4-114, 4-115.1, 5-152, 6-148, | 6 |
| 6-151, 7-145.2, 7-160, 8-120, 8-243.3, 9-115, 9-121.7, 11-153, | 7 |
| 12-137, 13-308, 13-314, 14-119, 14-120, 14-128, 15-129, | 8 |
| 18-128, and 19-115 as follows: | 9 |
| (40 ILCS 5/1-104.3 new)
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| Sec. 1-104.3. Adopted children. Notwithstanding any other | 11 |
| provision of this Code to the contrary, beginning on the | 12 |
| effective date of this amendatory Act of the 95th General | 13 |
| Assembly, legally adopted children shall be entitled to the | 14 |
| same benefits as other children, and no child's or survivor's | 15 |
| benefit shall be disallowed because the child is an adopted | 16 |
| child. The provisions of this Section apply without regard to | 17 |
| whether the employee or member was in service on or after the | 18 |
| date of the adoption of the child.
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| (40 ILCS 5/2-121) (from Ch. 108 1/2, par. 2-121)
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| Sec. 2-121. Survivor's annuity - conditions for payment.
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| (a) A survivor's annuity shall be payable to a surviving | 22 |
| spouse or
eligible child (1) upon the death in service of a |
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| participant with at least
2 years of service credit, or (2) | 2 |
| upon the death of an annuitant in receipt
of a retirement | 3 |
| annuity, or (3) upon the death of a participant who terminated
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| service with at least 4 years of service credit.
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| The change in this subsection (a) made by this amendatory | 6 |
| Act of 1995
applies to survivors of participants who die on or | 7 |
| after December 1, 1994,
without regard to whether or not the | 8 |
| participant was in service on or after
the effective date of | 9 |
| this amendatory Act of 1995.
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| (b) To be eligible for the survivor's annuity, the spouse | 11 |
| and the
participant or annuitant must have been married for a | 12 |
| continuous period of at
least one year immediately preceding | 13 |
| the date of death, but need not have
been married on the day of | 14 |
| the participant's last termination of service,
regardless of | 15 |
| whether such termination occurred prior to the effective date
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| of this amendatory Act of 1985.
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| (c) The annuity shall be payable beginning on the date of a
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| participant's death, or the first of the month following an | 19 |
| annuitant's
death, if the spouse is then age 50 or over, or | 20 |
| beginning at age 50 if the
spouse is then under age 50. If an | 21 |
| eligible child or children of the
participant or annuitant (or | 22 |
| a child or children of the eligible spouse
meeting the criteria | 23 |
| of item (1), (2), or (3) of subsection (d) of this
Section) | 24 |
| also survive, and the child or children are under
the care of | 25 |
| the eligible spouse, the annuity shall begin as of the date of
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| a participant's death, or the first of the month following an |
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| annuitant's
death, without regard to the spouse's age.
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| The change to this subsection made by this amendatory Act | 3 |
| of 1998
(relating to children of an eligible spouse) applies to | 4 |
| the eligible spouse
of a participant or annuitant who dies on | 5 |
| or after the effective date of this
amendatory Act, without | 6 |
| regard to whether the participant or annuitant is in
service on | 7 |
| or after that effective date.
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| (d) For the purposes of this Section and Section 2-121.1, | 9 |
| "eligible child"
means a child of the deceased participant or | 10 |
| annuitant
who is at least one of the following:
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| (1) unmarried and under the age of 18;
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| (2) unmarried, a full-time student, and under the age | 13 |
| of 22;
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| (3) dependent by reason of physical or mental | 15 |
| disability.
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| The inclusion of unmarried students under age 22 in the | 17 |
| calculation of
survivor's annuities by this amendatory Act of | 18 |
| 1991 shall apply to all
eligible students beginning January 1, | 19 |
| 1992, without regard to whether the
deceased participant or | 20 |
| annuitant was in service on or after the effective
date of this | 21 |
| amendatory Act of 1991.
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| Adopted children shall have the same status as children of | 23 |
| the
participant or annuitant, but only if the proceedings for | 24 |
| adoption are
commenced at least one year prior to the date of | 25 |
| the participant's
or annuitant's death.
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| (e) Remarriage of a surviving spouse prior to attainment of |
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| age 55
shall disqualify the surviving spouse from the receipt | 2 |
| of a survivor's
annuity, if the remarriage occurs before the | 3 |
| effective date of this
amendatory Act of the 91st General | 4 |
| Assembly.
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| The changes made to this subsection by this amendatory Act | 6 |
| of the 91st
General Assembly (pertaining to remarriage prior to | 7 |
| age 55) apply without
regard to whether the deceased | 8 |
| participant or annuitant was in service on or
after the | 9 |
| effective date of this amendatory Act.
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| (Source: P.A. 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)
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| (40 ILCS 5/3-108) (from Ch. 108 1/2, par. 3-108)
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| Sec. 3-108. Child or children. "Child" or "children": | 13 |
| "Child" or "children" includes a police officer's
natural and | 14 |
| legally adopted
children. Adopted
children shall be eligible | 15 |
| for benefits only if the judicial proceedings
for adoption were | 16 |
| commenced at least one year prior to the death or
disability of | 17 |
| the police officer and in any event prior
to his or her | 18 |
| attainment of age 50.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
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| Sec. 4-114. Pension to survivors. If a firefighter who is | 22 |
| not receiving a
disability pension under Section 4-110 or | 23 |
| 4-110.1 dies (1) as a result of any
illness or accident, or (2) | 24 |
| from any cause while in receipt of a disability
pension under |
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| this Article, or (3) during retirement after 20 years service, | 2 |
| or
(4) while vested for or in receipt of a pension payable | 3 |
| under subsection (b)
of Section 4-109, or (5) while a deferred | 4 |
| pensioner, having made all required
contributions, a pension | 5 |
| shall be paid to his or her survivors, based on the
monthly | 6 |
| salary attached to the firefighter's rank on the last day of | 7 |
| service
in the fire department, as follows:
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| (a)(1) To the surviving spouse, a monthly pension of
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| 40% of the monthly salary, and to the guardian of any minor | 10 |
| child or
children including a child which has been | 11 |
| conceived but not yet born, 12%
of such monthly salary for | 12 |
| each such child until attainment of age 18 or
until the | 13 |
| child's marriage, whichever occurs first. Beginning July | 14 |
| 1,
1993, the monthly pension to the surviving spouse shall | 15 |
| be 54% of the
monthly salary for all persons receiving a | 16 |
| surviving spouse pension under
this Article, regardless of | 17 |
| whether the deceased firefighter was in service
on or after | 18 |
| the effective date of this amendatory Act of 1993.
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| (2) Beginning July 1, 2004, unless the amount provided | 20 |
| under paragraph (1) of this subsection (a) is greater, the | 21 |
| total monthly pension payable under
this paragraph (a), | 22 |
| including any amount payable on account of children, to the | 23 |
| surviving spouse of a firefighter who died (i) while
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| receiving a retirement pension, (ii) while he or she was a | 25 |
| deferred pensioner with at least 20 years of creditable | 26 |
| service, or (iii) while he or she was in active service |
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| having at least 20 years of creditable service, regardless | 2 |
| of age, shall be no less than 100% of the monthly | 3 |
| retirement pension earned by
the deceased firefighter at | 4 |
| the time of death, regardless of whether death occurs | 5 |
| before or after attainment of age 50, including any
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| increases under Section 4-109.1. This minimum applies to | 7 |
| all such surviving
spouses who are eligible to receive a | 8 |
| surviving spouse pension, regardless of
whether the | 9 |
| deceased firefighter was in service on or after the | 10 |
| effective date
of this amendatory Act of the 93rd General | 11 |
| Assembly, and notwithstanding any
limitation on maximum | 12 |
| pension under paragraph (d) or any other provision of
this | 13 |
| Article.
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| (3) If the pension paid on and after July 1, 2004 to | 15 |
| the surviving spouse of a firefighter who died on or after | 16 |
| July 1, 2004 and before the effective date of this | 17 |
| amendatory Act of the 93rd General Assembly was less than | 18 |
| the minimum pension payable under paragraph (1) or (2) of | 19 |
| this subsection (a), the fund shall pay a lump sum equal to | 20 |
| the difference within 90 days after the effective date of | 21 |
| this amendatory Act of the 93rd General Assembly.
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| The pension to the surviving spouse shall terminate in the | 23 |
| event of the
surviving spouse's remarriage prior to July 1, | 24 |
| 1993; remarriage on or after
that date does not affect the | 25 |
| surviving spouse's pension, regardless of
whether the deceased | 26 |
| firefighter was in service on or after the effective
date of |
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| this amendatory Act of 1993.
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| The surviving spouse's pension shall be subject to the | 3 |
| minimum established
in Section 4-109.2.
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| (b) Upon the death of the surviving spouse leaving one or | 5 |
| more minor
children, to the duly appointed guardian of each | 6 |
| such child, for support
and maintenance of each such child | 7 |
| until the child reaches age 18 or
marries, whichever occurs | 8 |
| first, a monthly pension of 20% of the monthly
salary.
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| (c) If a deceased firefighter leaves no surviving spouse or | 10 |
| unmarried
minor children under age 18, but leaves a dependent | 11 |
| father or mother, to
each dependent parent a monthly pension of | 12 |
| 18% of the monthly salary. To
qualify for the pension, a | 13 |
| dependent parent must furnish satisfactory proof
that the | 14 |
| deceased firefighter was at the time of his or her death the | 15 |
| sole
supporter of the parent or that the parent was the | 16 |
| deceased's dependent for
federal income tax purposes.
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| (d) The total pension provided under paragraphs (a), (b) | 18 |
| and (c) of this
Section shall not exceed 75% of the monthly | 19 |
| salary of the deceased firefighter
(1) when paid to the | 20 |
| survivor of a firefighter who has attained 20 or more
years of | 21 |
| service credit and who receives or is eligible to receive a | 22 |
| retirement
pension under this Article, or (2) when paid to the | 23 |
| survivor of a firefighter
who dies as a result of illness or | 24 |
| accident, or (3) when paid to the survivor
of a firefighter who | 25 |
| dies from any cause while in receipt of a disability
pension | 26 |
| under this Article, or (4) when paid to the survivor of a |
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| deferred
pensioner. For all other survivors of deceased | 2 |
| firefighters, the total pension
provided under paragraphs (a), | 3 |
| (b) and (c) of this Section shall not exceed 50%
of the | 4 |
| retirement annuity the firefighter would have received on the | 5 |
| date of
death.
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| The maximum pension limitations in this paragraph (d) do | 7 |
| not control
over any contrary provision of this Article | 8 |
| explicitly establishing a minimum
amount of pension or granting | 9 |
| a one-time or annual increase in pension.
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| (e) If a firefighter leaves no eligible survivors under | 11 |
| paragraphs (a),
(b) and (c), the board shall refund to the | 12 |
| firefighter's estate the amount
of his or her accumulated | 13 |
| contributions, less the amount of pension
payments, if any, | 14 |
| made to the firefighter while living.
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| (f) (Blank)
An adopted child is eligible for the pension | 16 |
| provided under
paragraph (a) if the child was adopted before | 17 |
| the firefighter attained age 50 .
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| (g) If a judgment of dissolution of marriage between a | 19 |
| firefighter and
spouse is judicially set aside subsequent to | 20 |
| the firefighter's death, the
surviving spouse is eligible for | 21 |
| the pension provided in paragraph (a) only
if the judicial | 22 |
| proceedings are filed within 2 years after the date of the
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| dissolution of marriage and within one year after the | 24 |
| firefighter's death and
the board is made a party to the | 25 |
| proceedings. In such case the pension shall be
payable only | 26 |
| from the date of the court's order setting aside the judgment |
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| of
dissolution of marriage.
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| (h) Benefits payable on account of a child under this | 3 |
| Section shall
not be reduced or terminated by reason of the | 4 |
| child's attainment of age 18
if he or she is then dependent by | 5 |
| reason of a physical or mental disability
but shall continue to | 6 |
| be paid as long as such dependency continues.
Individuals over | 7 |
| the age of 18 and adjudged as a disabled person pursuant
to | 8 |
| Article XIa of the Probate Act of 1975, except for persons | 9 |
| receiving
benefits under Article III of the Illinois Public Aid | 10 |
| Code, shall be
eligible to receive benefits under this Act.
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| (i) Beginning January 1, 2000, the pension of the surviving | 12 |
| spouse of
a firefighter who dies on or after January 1, 1994 as | 13 |
| a result of sickness,
accident, or injury incurred in or | 14 |
| resulting from the performance of an act of
duty or from the | 15 |
| cumulative effects of acts of duty shall not be less than 100%
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| of the salary attached to the rank held by the deceased | 17 |
| firefighter on the last
day of service, notwithstanding | 18 |
| subsection (d) or any other provision of
this Article.
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| (j) Beginning July 1, 2004, the pension of the surviving | 20 |
| spouse of
a firefighter who dies on or after January 1, 1988 as | 21 |
| a result of sickness,
accident, or injury incurred in or | 22 |
| resulting from the performance of an act of
duty or from the | 23 |
| cumulative effects of acts of duty shall not be less than 100%
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| of the salary attached to the rank held by the deceased | 25 |
| firefighter on the last
day of service, notwithstanding | 26 |
| subsection (d) or any other provision of
this Article.
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| (Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
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| (40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1)
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| Sec. 4-115.1. Eligibility of children. Dependent benefits | 4 |
| shall be paid to
each natural child of a deceased firefighter, | 5 |
| and to each child legally adopted
before the firefighter | 6 |
| attains age 50 , until the child's attainment of age
18 or | 7 |
| marriage, whichever occurs first, whether or not the death of | 8 |
| the
firefighter occurred prior to November 21, 1975.
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| Benefits payable to or on account of a child under this | 10 |
| Article shall not
be reduced or terminated by reason of the | 11 |
| child's adoption by a third party
after the firefighter's | 12 |
| death.
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| Benefits payable to or on account of a child under this | 14 |
| Article shall not be reduced or terminated by reason of the | 15 |
| child's
attainment of age 18 if he or she is then dependent by | 16 |
| reason of a physical or
mental disability but shall continue to | 17 |
| be paid as long as such dependency
continues. Individuals over | 18 |
| the age of 18 and adjudged as a disabled person
pursuant to | 19 |
| Article XIa of the Probate Act of 1975, except for persons
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| receiving benefits under Article III of the Illinois Public Aid | 21 |
| Code, shall be
eligible to receive benefits under this Act.
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| (Source: P.A. 90-32, eff. 6-27-97.)
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| (40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
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| Sec. 5-152. Child's annuity - Conditions - Amount. A |
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| child's
annuity shall be payable in the following cases of | 2 |
| policemen who die
on or after the effective date: (a) A | 3 |
| policeman whose death results
from injury incurred in the | 4 |
| performance of an act or acts of duty;
(b) a policeman who dies | 5 |
| in service from any cause; (c) a policeman
who withdraws upon | 6 |
| or after attainment of age 50 and who enters upon
or is | 7 |
| eligible for annuity; (d) a present employee with at least 20
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| years of service who dies after withdrawal, whether or not he | 9 |
| has
entered upon annuity.
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| A child to be eligible must have been born or legally | 11 |
| adopted
before the policeman has withdrawn from service. In the | 12 |
| case of an adopted
child, the policeman shall be married and | 13 |
| living with his wife at the
time of the adoption, and the | 14 |
| proceedings for adoption must have been
initiated at least 6 | 15 |
| months prior to the policeman's death. The requirement
that the | 16 |
| proceedings for adoption be initiated at least 6 months prior | 17 |
| to
the policeman's death does not apply where death occurs as a | 18 |
| result of
an act of duty.
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| Only one annuity shall be granted and paid for the benefit | 20 |
| of
any child if both parents have been policemen.
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| The annuity shall be paid, without regard to the fact that
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| the death of the deceased policeman parent may have occurred | 23 |
| prior to
the effective date of this amendatory Act of 1975, in
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| an amount equal to 10% of the
annual maximum salary attached to | 25 |
| the classified civil
service position of a first class | 26 |
| patrolman
on July 1, 1975, or the date of the policeman's |
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| death, whichever is later,
for each child while a widow or | 2 |
| widower of the
deceased policeman survives and in
an amount | 3 |
| equal to 15% of the annual maximum
salary attached to the | 4 |
| classified civil service position of a first
class patrolman on | 5 |
| July 1, 1975, or the date of the policeman's death, whichever
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| is later, while no widow
or widower shall survive,
provided | 7 |
| that if the combined annuities for the widow
and children of a | 8 |
| policeman who dies on or after September 26, 1969,
as the | 9 |
| result of an act of duty, or for the children of such
policeman | 10 |
| in any case wherein a widow or widower does not exist,
exceed | 11 |
| the salary that would ordinarily have been paid to him if
he | 12 |
| had been in the active discharge of his duties, all such | 13 |
| annuities shall be
reduced pro rata so that the combined | 14 |
| annuities for the family shall
not exceed such limitation. The | 15 |
| compensation portion of the annuity
of the widow shall not be | 16 |
| considered in making such reduction.
Benefits payable under | 17 |
| this Section shall not be reduced or
terminated by reason of | 18 |
| any child's attainment of age 18 if he is then
dependent by | 19 |
| reason of a physical or mental disability but shall continue
to | 20 |
| be paid as long as such dependency continues. For the purposes | 21 |
| of this
subsection, "disability" means inability to engage in | 22 |
| any substantial
gainful activity by reason of any medically | 23 |
| determinable physical or
mental impairment which can be | 24 |
| expected to result in death or which has
lasted or can be | 25 |
| expected to last for a continuous period of not less
than 12 | 26 |
| months.
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| In the case of a family of a policeman who dies on or after
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| September 26, 1969, as the result of any cause other than the | 3 |
| performance
of an act of duty, in which annuities for such | 4 |
| family exceed an amount
equal to 60% of the salary that would | 5 |
| ordinarily have been paid to
him if he had been in the active | 6 |
| discharge of his duties, all such
annuities shall be reduced | 7 |
| pro rata so that the combined annuities shall
not exceed such | 8 |
| limitation.
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| Child's annuity shall be paid to the parent providing for
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| the child, unless another person is appointed by a court of law | 11 |
| as
the child's guardian.
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| (Source: P.A. 79-699; 79-881; 79-1454.)
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| (40 ILCS 5/6-148) (from Ch. 108 1/2, par. 6-148)
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| Sec. 6-148. A child's annuity, shall be paid for the | 15 |
| benefit of any
unmarried child, less than age 18, of any | 16 |
| following described firemen:
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| (a) A fireman whose death results from the performance of | 18 |
| any act or
acts of duty; (b) a fireman who dies in service from | 19 |
| any cause; (c) a
fireman who withdraws subsequent to age 50 and | 20 |
| who enters upon or is
eligible for annuity; and (d) a fireman | 21 |
| having at least 20 years of
service who withdraws and dies | 22 |
| before he enters upon annuity.
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| A child to be eligible must have been born or in esse | 24 |
| before the
fireman withdrew, or legally adopted by a fireman at | 25 |
| least one year prior
to the fireman's death or
withdrawal. The |
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| requirement that the adoption take place at least 1 year
prior | 2 |
| to the fireman's death does not apply where death occurs as a
| 3 |
| result of an act or acts of duty or as the result of any | 4 |
| accident.
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| The annuity shall be paid without regard to the fact that | 6 |
| the death
of the deceased fireman parent may have occurred | 7 |
| prior to the effective
date of this amendatory Act and shall be | 8 |
| paid monthly in an amount equal
to 15% of the current annual | 9 |
| maximum salary attached to the classified
civil service | 10 |
| position of fire fighter if no widow survives and 10% of
such | 11 |
| salary while the widow survives and no age limitation in this
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| Section shall apply to a child who is so physically or mentally
| 13 |
| handicapped as to be unable to support himself; provided, if | 14 |
| annuities
for the widow and children of a fireman who dies on | 15 |
| or after the
effective date and whose death has been the result | 16 |
| of an act or acts of
duty performed on or after said date, or | 17 |
| for the children in any such
case wherein a widow shall not | 18 |
| exist, computed at the rates hereinbefore
stated, would exceed | 19 |
| the final annual salary of a first class fireman,
(one who | 20 |
| receives maximum salary for classified civil service rank of
| 21 |
| fire fighter), the annuity for each child shall be reduced pro | 22 |
| rata so
that the combined annuities for the family of the | 23 |
| fireman shall not
exceed such amount; and in the case of the | 24 |
| family of a fireman who dies
on or after said date and whose | 25 |
| death is the result of any cause or
causes other than injury | 26 |
| incurred in the performance of an act or acts
of duty in which |
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| annuities for such family, computed at the rates
hereinbefore | 2 |
| stated would exceed 60% of the final annual salary of a
first | 3 |
| class fireman, the annuity of each child shall be reduced pro | 4 |
| rata
so that the combined annuities for the family do not | 5 |
| exceed such
limitation.
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| Child's annuity shall be paid to the parent who is | 7 |
| providing for the
child, unless another person is appointed by | 8 |
| a court of law as the
child's guardian.
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| (Source: P.A. 84-11.)
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| (40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151)
| 11 |
| Sec. 6-151. An active fireman who is or becomes disabled on | 12 |
| or after the
effective date as the result of a specific injury, | 13 |
| or of cumulative
injuries, or of specific sickness incurred in | 14 |
| or resulting from an act or
acts of duty, shall have the right | 15 |
| to receive duty disability benefit
during any period of such | 16 |
| disability for which he does not receive or have
a right to | 17 |
| receive salary, equal to 75% of his salary at the time the
| 18 |
| disability is allowed. However, beginning January 1, 1994, no
| 19 |
| duty disability benefit that has been payable under this | 20 |
| Section for at least
10 years shall be less than 50%
of the | 21 |
| current salary attached from time to time to the rank and grade | 22 |
| held
by the fireman at the time of his removal from the | 23 |
| Department payroll,
regardless of whether that removal | 24 |
| occurred before the effective date of
this amendatory Act of | 25 |
| 1993.
|
|
|
|
HB0049 Enrolled |
- 16 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| Whenever an active fireman is or becomes so injured or | 2 |
| sick, as to
require medical or hospital attention, the chief | 3 |
| officer of the fire
department of the city shall file, or cause | 4 |
| to be filed, with the board a
report of the nature and cause of | 5 |
| his disability, together with the
certificate or report of the | 6 |
| physician attending or treating, or who
attended or treated the | 7 |
| fireman, and a copy of any hospital record
concerning the | 8 |
| disability. Any injury or sickness not reported to the board
in | 9 |
| time to permit the board's physician to examine the fireman | 10 |
| before his
recovery, and any injury or sickness for which a | 11 |
| physician's report or copy
of the hospital record is not on | 12 |
| file with the board shall not be
considered for the payment of | 13 |
| duty disability benefit.
| 14 |
| Such fireman shall also receive a child's disability | 15 |
| benefit of $30 per
month on account of each unmarried child, | 16 |
| the issue of the fireman or
legally adopted by him prior to the | 17 |
| date of disability , who is less
than 18 years of age or | 18 |
| handicapped and dependent upon the fireman for
support. The | 19 |
| total amount of child's disability benefit shall not exceed
25% | 20 |
| of his salary at the time the disability is allowed.
| 21 |
| The first payment of duty disability or child's disability | 22 |
| benefit shall
be made not later than one month after the | 23 |
| benefit is granted. Each
subsequent payment shall be made not | 24 |
| later than one month after the date of
the latest payment.
| 25 |
| Duty disability benefit shall be payable during the period | 26 |
| of the
disability until the fireman reaches the age of |
|
|
|
HB0049 Enrolled |
- 17 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| compulsory retirement.
Child's disability benefit shall be | 2 |
| paid to such a fireman during the
period of disability until | 3 |
| such child or children attain age 18 or marries,
whichever | 4 |
| event occurs first; except that attainment of age 18 by a child
| 5 |
| who is so physically or mentally handicapped as to be dependent | 6 |
| upon the
fireman for support, shall not render the child | 7 |
| ineligible for child's
disability benefit. The fireman shall | 8 |
| thereafter receive such
annuity or annuities as are provided | 9 |
| for him in accordance with other
provisions of this Article.
| 10 |
| (Source: P.A. 88-528.)
| 11 |
| (40 ILCS 5/7-145.2)
| 12 |
| Sec. 7-145.2. Alternative survivor's benefits for | 13 |
| survivors of county
officers.
In lieu of the survivor's | 14 |
| benefits otherwise payable under this
Article, the spouse or | 15 |
| eligible child of any deceased elected county
officer who (1) | 16 |
| had elected to participate in the
Fund, and (2) was either | 17 |
| making additional optional contributions in
accordance with | 18 |
| Section 7-145.1 on the date of death, or was receiving
an | 19 |
| annuity calculated under that Section at the time of death, may | 20 |
| elect to
receive an annuity beginning on the date of the
| 21 |
| elected county officer's death, provided that the spouse and | 22 |
| officer must
have been married on the date of the last | 23 |
| termination of his or her service
as an elected county officer | 24 |
| and for a continuous period of at least one year
immediately | 25 |
| preceding his or her death.
|
|
|
|
HB0049 Enrolled |
- 18 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| The annuity shall be payable beginning on the date of the | 2 |
| elected
county officer's death if the spouse is then age 50 or | 3 |
| over, or beginning
at age 50 if the age of the spouse is less | 4 |
| than 50 years. If a minor
unmarried child or children of the | 5 |
| county officer, under age 18, also
survive, and the child or | 6 |
| children are under the care of the eligible
spouse, the annuity | 7 |
| shall begin as of the date of death of the elected county
| 8 |
| officer without regard to the spouse's age.
| 9 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 10 |
| retirement
annuity earned by the elected county officer on the | 11 |
| date of death, subject to a
minimum payment of 10% of salary, | 12 |
| provided that if an eligible spouse,
regardless of age, has in | 13 |
| his or her care at the date of death of the
elected county | 14 |
| officer any unmarried child or children of the county
officer, | 15 |
| under age 18, the minimum annuity shall be 30% of the elected
| 16 |
| officer's salary, plus 10% of salary on account of each minor | 17 |
| child
of the elected county officer, subject to a combined | 18 |
| total payment on
account of a spouse and minor children not to | 19 |
| exceed 50% of the deceased
officer's salary. In the event there | 20 |
| shall be no spouse
of the elected county officer surviving, or | 21 |
| should a
spouse remarry or die while eligible minor children | 22 |
| still survive the
elected county officer, each such child shall | 23 |
| be entitled to an annuity
equal to 20% of salary of the elected | 24 |
| officer subject to a combined total
payment on account of all | 25 |
| such children not to exceed 50% of salary of the
elected county | 26 |
| officer. The salary to be used in the calculation of these
|
|
|
|
HB0049 Enrolled |
- 19 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| benefits shall be the same as that prescribed for determining a | 2 |
| retirement
annuity as provided in Section 7-145.1.
| 3 |
| Upon the death of an elected county officer occurring after | 4 |
| termination
of service or while in receipt of a retirement | 5 |
| annuity, the combined total
payment to a spouse and minor | 6 |
| children, or to minor children alone if no
eligible spouse | 7 |
| survives, shall be limited to 75% of the amount of
retirement | 8 |
| annuity earned by the county officer.
| 9 |
| Adopted children shall have status as children of the | 10 |
| elected county
officer only if the proceedings for adoption | 11 |
| were commenced at least one
year prior to the date of the | 12 |
| elected county officer's death.
| 13 |
| Marriage of a child or attainment of age 18, whichever | 14 |
| first occurs,
shall render the child ineligible for further | 15 |
| consideration in the payment
of an annuity to a spouse or in | 16 |
| the increase in the amount thereof. Upon
attainment of | 17 |
| ineligibility of the youngest minor child of the elected
county | 18 |
| officer, the annuity shall immediately revert to the amount | 19 |
| payable
upon death of an elected county officer leaving no | 20 |
| minor children surviving
him or her. If the spouse is under age | 21 |
| 50 at such time, the annuity as
revised shall be deferred until | 22 |
| such age is attained. Remarriage of a
widow or widower prior to | 23 |
| attainment of age 55 shall disqualify the spouse
from the | 24 |
| receipt of an annuity.
| 25 |
| (Source: P.A. 90-32, eff. 6-27-97.)
|
|
|
|
HB0049 Enrolled |
- 20 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| (40 ILCS 5/7-160) (from Ch. 108 1/2, par. 7-160)
| 2 |
| Sec. 7-160. Child annuities-eligibility.
| 3 |
| Child annuities shall be payable to each child of an | 4 |
| employee annuitant
who dies with no surviving spouse and whose | 5 |
| spouse would have been eligible
to receive a surviving spouse | 6 |
| annuity, and each child of a deceased
employee whose surviving | 7 |
| spouse dies and whose spouse, immediately prior to
death, was | 8 |
| receiving or would have been eligible to receive, a surviving
| 9 |
| spouse annuity, or who left no surviving spouse, is eligible to | 10 |
| receive a
child annuity, provided:
| 11 |
| a. The child is less than age 18 and unmarried;
| 12 |
| b. The child is the natural born or legally adopted child | 13 |
| of the
employee and was born prior to the date of the | 14 |
| employee's latest
resignation or discharge from the service of | 15 |
| the participating
municipality;
| 16 |
| c. (Blank)
If the child is legally adopted, the legal | 17 |
| proceedings therefor were
commenced at least 1 year before the | 18 |
| death of the participating employee or
employee annuitant .
| 19 |
| (Source: P.A. 78-255.)
| 20 |
| (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120)
| 21 |
| Sec. 8-120. Child or children. "Child" or "children": The | 22 |
| natural child or children, or any child or
children legally | 23 |
| adopted by an employee at least one year prior to the date
any | 24 |
| benefit for the child or children accrues .
| 25 |
| (Source: P.A. 92-599, eff. 6-28-02.)
|
|
|
|
HB0049 Enrolled |
- 21 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| (40 ILCS 5/8-243.3) (from Ch. 108 1/2, par. 8-243.3)
| 2 |
| Sec. 8-243.3. Alternative survivor's benefits for | 3 |
| survivors of city
officers. In lieu of the survivor's benefits | 4 |
| otherwise payable under this
Article, the spouse or eligible | 5 |
| child of any deceased city officer
elected by vote of the | 6 |
| people who (1) had elected to participate in the
Fund, and (2) | 7 |
| was either making additional optional contributions in
| 8 |
| accordance with Section 8-243.2 on the date of death, or was | 9 |
| receiving
an annuity calculated under that Section at the time | 10 |
| of death, may elect to
receive an annuity beginning on the date | 11 |
| of the
elected city officer's death, provided that the spouse | 12 |
| and officer must
have been married on the date of the last | 13 |
| termination of his or her service
as an elected city officer | 14 |
| and for a continuous period of at least one year
immediately | 15 |
| preceding his or her death.
| 16 |
| The annuity shall be payable beginning on the date of the | 17 |
| elected
city officer's death if the spouse is then age 50 or | 18 |
| over, or beginning
at age 50 if the age of the spouse is less | 19 |
| than 50 years. If a minor
unmarried child or children of the | 20 |
| city officer, under age 18, also
survive, and the child or | 21 |
| children are under the care of the eligible
spouse, the annuity | 22 |
| shall begin as of the date of death of the elected city
officer | 23 |
| without regard to the spouse's age.
| 24 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 25 |
| retirement
annuity earned by the elected city officer on the |
|
|
|
HB0049 Enrolled |
- 22 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| date of death, subject to a
minimum payment of 10% of salary, | 2 |
| provided that if an eligible spouse,
regardless of age, has in | 3 |
| his or her care at the date of death of the
elected city | 4 |
| officer any unmarried child or children of the city
officer, | 5 |
| under age 18, the minimum annuity shall be 30% of the elected
| 6 |
| officer's salary, plus 10% of salary on account of each minor | 7 |
| child
of the elected city officer, subject to a combined total | 8 |
| payment on
account of a spouse and minor children not to exceed | 9 |
| 50% of the deceased
officer's salary. In the event there shall | 10 |
| be no spouse
of the elected city officer surviving, or should a
| 11 |
| spouse remarry or die while eligible minor children still | 12 |
| survive the
elected city officer, each such child shall be | 13 |
| entitled to an annuity
equal to 20% of salary of the elected | 14 |
| officer subject to a combined total
payment on account of all | 15 |
| such children not to exceed 50% of salary of the
elected city | 16 |
| officer. The salary to be used in the calculation of these
| 17 |
| benefits shall be the same as that prescribed for determining a | 18 |
| retirement
annuity as provided in Section 8-243.2.
| 19 |
| Upon the death of an elected city officer occurring after | 20 |
| termination
of service or while in receipt of a retirement | 21 |
| annuity, the combined total
payment to a spouse and minor | 22 |
| children, or to minor children alone if no
eligible spouse | 23 |
| survives, shall be limited to 75% of the amount of
retirement | 24 |
| annuity earned by the city officer.
| 25 |
| Adopted children shall have status as children of the | 26 |
| elected city
officer only if the proceedings for adoption were |
|
|
|
HB0049 Enrolled |
- 23 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| commenced at least one
year prior to the date of the elected | 2 |
| city officer's death.
| 3 |
| Marriage of a child or attainment of age 18, whichever | 4 |
| first occurs,
shall render the child ineligible for further | 5 |
| consideration in the payment
of an annuity to a spouse or in | 6 |
| the increase in the amount thereof. Upon
attainment of | 7 |
| ineligibility of the youngest minor child of the elected
city | 8 |
| officer, the annuity shall immediately revert to the amount | 9 |
| payable
upon death of an elected city officer leaving no minor | 10 |
| children surviving
him or her. If the spouse is under age 50 at | 11 |
| such time, the annuity as
revised shall be deferred until such | 12 |
| age is attained. Remarriage of a
widow or widower prior to | 13 |
| attainment of age 55 shall disqualify the spouse
from the | 14 |
| receipt of an annuity.
| 15 |
| (Source: P.A. 86-1488.)
| 16 |
| (40 ILCS 5/9-115) (from Ch. 108 1/2, par. 9-115)
| 17 |
| Sec. 9-115. Child or children.
| 18 |
| "Child" or "children": The natural child or children or any | 19 |
| child or
children legally adopted by an employee at least 1 | 20 |
| year prior to the date
any benefit for the child or children | 21 |
| accrues, and so adopted prior to the
employee's attainment of | 22 |
| age 55 .
| 23 |
| (Source: Laws 1963, p. 161.)
| 24 |
| (40 ILCS 5/9-121.7) (from Ch. 108 1/2, par. 9-121.7)
|
|
|
|
HB0049 Enrolled |
- 24 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| Sec. 9-121.7. Alternative survivor's benefits for | 2 |
| survivors of county
officers. In lieu of the survivor's | 3 |
| benefits otherwise payable under this
Article, the spouse or | 4 |
| eligible child of any deceased county officer
elected by vote | 5 |
| of the people who (1) had elected to participate in the
Fund, | 6 |
| and (2) was either making additional optional contributions in
| 7 |
| accordance with Section 9-121.6 on the date of death, or was | 8 |
| receiving
an annuity calculated under that Section at the time | 9 |
| of death, may elect to
receive an annuity beginning on the date | 10 |
| of the
elected county officer's death, provided that the spouse | 11 |
| and officer must
have been married on the date of the last | 12 |
| termination of his or her service
as an elected county officer | 13 |
| and for a continuous period of at least one year
immediately | 14 |
| preceding his or her death.
| 15 |
| The annuity shall be payable beginning on the date of the | 16 |
| elected
county officer's death if the spouse is then age 50 or | 17 |
| over, or beginning
at age 50 if the age of the spouse is less | 18 |
| than 50 years. If a minor
unmarried child or children of the | 19 |
| county officer, under age 18, also
survive, and the child or | 20 |
| children are under the care of the eligible
spouse, the annuity | 21 |
| shall begin as of the date of death of the elected county
| 22 |
| officer without regard to the spouse's age.
| 23 |
| The annuity to a spouse shall be 66 2/3% of the amount of | 24 |
| retirement
annuity earned by the elected county officer on the | 25 |
| date of death, subject to a
minimum payment of 10% of salary, | 26 |
| provided that if an eligible spouse,
regardless of age, has in |
|
|
|
HB0049 Enrolled |
- 25 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| his or her care at the date of death of the
elected county | 2 |
| officer any unmarried child or children of the county
officer, | 3 |
| under age 18, the minimum annuity shall be 30% of the elected
| 4 |
| officer's salary, plus 10% of salary on account of each minor | 5 |
| child
of the elected county officer, subject to a combined | 6 |
| total payment on
account of a spouse and minor children not to | 7 |
| exceed 50% of the deceased
officer's salary. In the event there | 8 |
| shall be no spouse
of the elected county officer surviving, or | 9 |
| should a
spouse remarry or die while eligible minor children | 10 |
| still survive the
elected county officer, each such child shall | 11 |
| be entitled to an annuity
equal to 20% of salary of the elected | 12 |
| officer subject to a combined total
payment on account of all | 13 |
| such children not to exceed 50% of salary of the
elected county | 14 |
| officer. The salary to be used in the calculation of these
| 15 |
| benefits shall be the same as that prescribed for determining a | 16 |
| retirement
annuity as provided in Section 9-121.6.
| 17 |
| Upon the death of an elected county officer occurring after | 18 |
| termination
of service or while in receipt of a retirement | 19 |
| annuity, the combined total
payment to a spouse and minor | 20 |
| children, or to minor children alone if no
eligible spouse | 21 |
| survives, shall be limited to 75% of the amount of
retirement | 22 |
| annuity earned by the county officer.
| 23 |
| Adopted children shall have status as children of the | 24 |
| elected county
officer only if the proceedings for adoption | 25 |
| were commenced at least one
year prior to the date of the | 26 |
| elected county officer's death.
|
|
|
|
HB0049 Enrolled |
- 26 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| Marriage of a child or attainment of age 18, whichever | 2 |
| first occurs,
shall render the child ineligible for further | 3 |
| consideration in the payment
of an annuity to a spouse or in | 4 |
| the increase in the amount thereof. Upon
attainment of | 5 |
| ineligibility of the youngest minor child of the elected
county | 6 |
| officer, the annuity shall immediately revert to the amount | 7 |
| payable
upon death of an elected county officer leaving no | 8 |
| minor children surviving
him or her. If the spouse is under age | 9 |
| 50 at such time, the annuity as
revised shall be deferred until | 10 |
| such age is attained. Remarriage of a
widow or widower prior to | 11 |
| attainment of age 55 shall disqualify the spouse
from the | 12 |
| receipt of an annuity.
| 13 |
| (Source: P.A. 85-964.)
| 14 |
| (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153)
| 15 |
| Sec. 11-153. Child's annuity.
| 16 |
| (a) A "Child's Annuity" shall be payable
monthly after the | 17 |
| death of an employee parent to an unmarried child until
the | 18 |
| child's attainment of age 18 or marriage, whichever event shall | 19 |
| first
occur, under the following conditions, if the child was | 20 |
| born or in esse
before the employee attained age 65, and before | 21 |
| he withdrew from service:
| 22 |
| (1) upon death in service from any cause;
| 23 |
| (2) upon death of an employee who withdraws from | 24 |
| service after
age 55
(or after age 50 with at least 30 | 25 |
| years of service if withdrawal is on or
after June 27, |
|
|
|
HB0049 Enrolled |
- 27 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| 1997) and who has entered upon or is eligible for annuity.
| 2 |
| Payment shall be made as provided in Section 11-124.
| 3 |
| (b) After July 24, 1967, an adopted child shall be entitled | 4 |
| to the same
child's annuity benefits provided for natural | 5 |
| children in this Article, if:
| 6 |
| (1) (Blank)
the child was legally adopted by the | 7 |
| employee at least one year
prior to the death of the | 8 |
| employee ; and
| 9 |
| (2) the child was adopted before the employee withdrew | 10 |
| from service.
| 11 |
| (Source: P.A. 92-599, eff. 6-28-02 .)
| 12 |
| (40 ILCS 5/12-137) (from Ch. 108 1/2, par. 12-137)
| 13 |
| Sec. 12-137. Eligibility for child's benefit. A benefit | 14 |
| shall be granted to any child of the employee under 18 years
of | 15 |
| age or any child under such age legally adopted by the employee | 16 |
| provided
the legal proceedings for such adoption shall have | 17 |
| been commenced at least
one year prior to: (1) the death or | 18 |
| disability of the employee; and (2) the
attainment of age 55 by | 19 |
| the employee, whose death occurred under the
following | 20 |
| conditions:
| 21 |
| (a) from injury incurred in the performance of duty | 22 |
| regardless of length
of service;
| 23 |
| (b) from any other cause after completion of at least 2 | 24 |
| years of
service;
| 25 |
| (c) after the employee withdraws from service subsequent to |
|
|
|
HB0049 Enrolled |
- 28 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| age 55 and
entered upon or is eligible for annuity.
| 2 |
| In the case of an employee whose death
occurs after | 3 |
| withdrawal subsequent to age 55, if eligible for an annuity,
| 4 |
| birth of a child must have occurred before the date of the | 5 |
| employee's
latest withdrawal.
| 6 |
| No annuity shall be payable to any child after such child's | 7 |
| marriage.
The termination date of any child's annuity due to | 8 |
| the attainment of age 18
or marriage shall be the due date of | 9 |
| the last annuity payment for the
child, next preceding such due | 10 |
| date with no proration for any period which
is less than a full | 11 |
| month.
| 12 |
| A posthumous child shall be regarded as a child of the | 13 |
| employee entitled
to an annuity.
| 14 |
| (Source: P.A. 86-272.)
| 15 |
| (40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
| 16 |
| Sec. 13-308. Child's annuity.
| 17 |
| (a) Eligibility. A child's annuity shall be provided for | 18 |
| each unmarried
child under the age of 18 years (under the age | 19 |
| of 23 years in the case of a full-time student) whose employee
| 20 |
| parent dies while in service, or whose deceased parent is an | 21 |
| annuitant or
former employee with at least 10 years of | 22 |
| creditable service who did not take a
refund of employee | 23 |
| contributions. Eligibility for benefits to unmarried children | 24 |
| over the age of 18 but under the age of 23 begins no earlier | 25 |
| than the first day of the month following the month in which |
|
|
|
HB0049 Enrolled |
- 29 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| this amendatory Act of the 94th General Assembly takes effect.
| 2 |
| For purposes of this Section, "employee" includes a former | 3 |
| employee, and
"child" means the issue of an employee , or a | 4 |
| child adopted by an employee if
the proceedings for adoption | 5 |
| were instituted at least one year prior to the
employee's | 6 |
| death .
| 7 |
| Payments shall cease when a child attains the age of 18 | 8 |
| years (age of 23 years in the case of a full-time student) or | 9 |
| marries,
whichever first occurs. The annuity shall not be | 10 |
| payable unless the employee
has been employed as an employee | 11 |
| for at
least 36 months from the date of the employee's original
| 12 |
| entry into service (at least 24 months in the case of an | 13 |
| employee who first
entered service before June 13, 1997) and
at | 14 |
| least 12 months from the date of the employee's latest
re-entry | 15 |
| into service; provided, however, that if death arises out of | 16 |
| and
in the course of service to the employer and is compensable | 17 |
| under either the
Illinois Workers' Compensation Act or Illinois | 18 |
| Workers' Occupational
Diseases Act, the annuity is payable | 19 |
| regardless of the employee's length of
service.
| 20 |
| (b) Amount. A child's annuity shall be $500 per month for
| 21 |
| one child and $350 per month for each additional child, up to a
| 22 |
| maximum of $2,500 per month for all children of the employee, | 23 |
| as provided in
this Section, if a parent of the child is | 24 |
| living. The child's annuity
shall be $1,000 per month for one | 25 |
| child and $500 per month
for each additional child, up to a | 26 |
| maximum of $2,500 for all children of
the employee, when |
|
|
|
HB0049 Enrolled |
- 30 - |
LRB095 03657 AMC 23683 b |
|
| 1 |
| neither parent is alive. The total amount payable to
all | 2 |
| children of the employee shall be divided equally among those | 3 |
| children.
Any child's annuity which commenced prior to July 12, | 4 |
| 2001 shall be increased
upon the first day of the month | 5 |
| following the month in which that
effective date occurs, to the | 6 |
| amount set forth herein.
| 7 |
| (c) Payment. Until a child attains the age of 18 years, a
| 8 |
| child's annuity shall be paid to the child's parent or
other | 9 |
| person who shall be providing for the child without requiring | 10 |
| formal
letters of guardianship, unless another person shall be | 11 |
| appointed by a
court of law as guardian.
| 12 |
| (Source: P.A. 94-621, eff. 8-18-05.)
| 13 |
| (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
| 14 |
| Sec. 13-314. Alternative provisions for Water Reclamation | 15 |
| District
commissioners.
| 16 |
| (a) Transfer of credits. Any Water Reclamation District | 17 |
| commissioner
elected by vote of the people and who has elected | 18 |
| to participate in this
Fund may transfer to this Fund credits | 19 |
| and creditable service accumulated
under any other pension fund | 20 |
| or retirement system established under
Articles 2 through 18 of | 21 |
| this Code, upon payment to the Fund of (1) the
amount by which | 22 |
| the employer and employee contributions that would have
been | 23 |
| required if he had participated in this Fund during the period | 24 |
| for
which credit is being transferred, plus interest, exceeds | 25 |
| the amounts
actually transferred from such other fund or system |
|
|
|
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| 1 |
| to this Fund, plus (2)
interest thereon at 6% per year | 2 |
| compounded annually from the date of
transfer to the date of | 3 |
| payment.
| 4 |
| (b) Alternative annuity. Any participant commissioner may | 5 |
| elect to
establish alternative credits for an alternative | 6 |
| annuity by electing in
writing to make additional optional | 7 |
| contributions in accordance with this
Section and procedures | 8 |
| established by the Board. Unless and until such
time as the | 9 |
| U.S. Internal Revenue Service or the federal courts provide a
| 10 |
| favorable ruling as described in Section 13-502(f), a
| 11 |
| commissioner
may discontinue making the additional optional | 12 |
| contributions by notifying the
Fund in writing in accordance | 13 |
| with this Section and procedures established
by the Board.
| 14 |
| Additional optional contributions for the alternative | 15 |
| annuity shall be
as follows:
| 16 |
| (1) For service after the option is elected, an | 17 |
| additional contribution
of 3% of salary shall be | 18 |
| contributed to the Fund on the same basis and
under the | 19 |
| same conditions as contributions required under Section | 20 |
| 13-502.
| 21 |
| (2) For contributions on past service, the additional | 22 |
| contribution shall
be 3% of the salary for the
applicable | 23 |
| period of service, plus interest at the annual rate from | 24 |
| time to
time as determined by the Board, compounded | 25 |
| annually from the date of service
to the date of payment. | 26 |
| Contributions for service before the option is
elected may |
|
|
|
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|
| 1 |
| be made in a lump sum payment to the Fund or by | 2 |
| contributing to the
Fund on the same basis and under the | 3 |
| same conditions as contributions required
under Section | 4 |
| 13-502.
All payments for past service must be paid in full | 5 |
| before credit
is given. No additional optional | 6 |
| contributions may be made for any period
of service for | 7 |
| which credit has been previously forfeited by acceptance of
| 8 |
| a refund, unless the refund is repaid in full with interest | 9 |
| at the rate
specified in Section 13-603, from the date of | 10 |
| refund to the date of repayment.
| 11 |
| In lieu of the retirement annuity otherwise payable under | 12 |
| this Article,
any commissioner who has elected to participate | 13 |
| in the Fund and make
additional optional contributions in | 14 |
| accordance with this Section,
has attained age 55, and has at | 15 |
| least 6 years of service
credit, may elect to have the | 16 |
| retirement annuity computed as follows: 3% of
the participant's | 17 |
| average final salary as a commissioner for each of
the first 8 | 18 |
| years of service credit, plus 4% of such salary for each of the
| 19 |
| next 4 years of service credit, plus 5% of such salary for each | 20 |
| year of
service credit in excess of 12 years, subject to a | 21 |
| maximum of 80% of such
salary. To the extent such commissioner | 22 |
| has made additional optional
contributions with respect to only | 23 |
| a portion of years of service credit,
the retirement annuity | 24 |
| will first be determined in accordance with this
Section to the | 25 |
| extent such additional optional contributions were made, and
| 26 |
| then in accordance with the remaining Sections of this Article |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| to the
extent of years of service credit with respect to which | 2 |
| additional optional
contributions were not made. The change in | 3 |
| minimum retirement age (from
60 to 55) made by this amendatory | 4 |
| Act of 1993 applies to persons who begin
receiving a retirement | 5 |
| annuity under this Section on or after the effective
date of | 6 |
| this amendatory Act, without regard to whether they are in | 7 |
| service
on or after that date.
| 8 |
| (c) Disability benefits. In lieu of the disability benefits | 9 |
| otherwise
payable under this Article, any commissioner who (1) | 10 |
| has elected to
participate in the Fund, and (2) has become | 11 |
| permanently disabled and as a
consequence is unable to perform | 12 |
| the duties of office, and (3) was making
optional contributions | 13 |
| in accordance with this Section at the time the
disability was | 14 |
| incurred, may elect to receive a disability annuity
calculated | 15 |
| in accordance with the formula in subsection (b). For the
| 16 |
| purposes of this subsection, such commissioner shall be
| 17 |
| considered permanently disabled only if: (i) disability occurs | 18 |
| while in
service as a commissioner and is of such a nature as | 19 |
| to prevent the
reasonable performance of the duties of office | 20 |
| at the time; and (ii) the
Board has received a written | 21 |
| certification by at least 2 licensed
physicians appointed by it | 22 |
| stating that such commissioner is disabled and
that the | 23 |
| disability is likely to be permanent.
| 24 |
| (d) Alternative survivor's benefits. In lieu of the
| 25 |
| survivor's benefits otherwise payable under this Article, the | 26 |
| spouse or
eligible child of any deceased commissioner who (1) |
|
|
|
HB0049 Enrolled |
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| 1 |
| had elected to
participate in the Fund, and (2) was either | 2 |
| making (or had already made) additional optional
contributions | 3 |
| on the date of death, or was receiving an annuity calculated
| 4 |
| under this Section at the time of death, may elect to receive | 5 |
| an annuity
beginning on the date of the commissioner's death, | 6 |
| provided that the spouse
and commissioner must have been | 7 |
| married on the date of the last termination
of a service as | 8 |
| commissioner and for a continuous period of at least one
year | 9 |
| immediately preceding death.
| 10 |
| The annuity shall be payable beginning on the date of the | 11 |
| commissioner's
death if the spouse is then age 50 or over, or | 12 |
| beginning at age 50 if the
age of the spouse is less than 50 | 13 |
| years. If a minor unmarried child or
children of the | 14 |
| commissioner, under age 18 (age 23 in the case of a full-time | 15 |
| student), also survive, and the child or
children are under the | 16 |
| care of the eligible spouse, the annuity shall begin
as of the | 17 |
| date of death of the commissioner without regard to the | 18 |
| spouse's age.
| 19 |
| The annuity to a spouse shall be the greater of (i) 66 2/3% | 20 |
| of the amount of retirement
annuity earned by the commissioner | 21 |
| on the date of death, subject to a
minimum payment of 10% of | 22 |
| salary, provided that if an eligible spouse,
regardless of age, | 23 |
| has in his or her care at the date of death of the
commissioner | 24 |
| any unmarried child or children of the commissioner under age
| 25 |
| 18, the minimum annuity shall be 30% of the commissioner's | 26 |
| salary, plus 10%
of salary on account of each minor child of |
|
|
|
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|
| 1 |
| the commissioner, subject to a
combined total payment on | 2 |
| account of a spouse and minor children not to
exceed 50% of the | 3 |
| deceased commissioner's salary or (ii) for the spouse of a | 4 |
| commissioner whose death occurs on or after the effective date | 5 |
| of this amendatory Act of the 94th General Assembly, the | 6 |
| surviving spouse annuity shall be computed in the same manner | 7 |
| as described in Section 13-306(a). The number of total service | 8 |
| years used to calculate the commissioner's annuity shall be the | 9 |
| number of service years used to calculate the annuity for that | 10 |
| commissioner's surviving spouse. In the event there shall
be no | 11 |
| spouse of the commissioner surviving, or should a spouse die | 12 |
| while
eligible minor children still survive the commissioner, | 13 |
| each such child
shall be entitled to an annuity equal to 20% of | 14 |
| salary of the commissioner
subject to a combined total payment | 15 |
| on account of all such children not to
exceed 50% of salary of | 16 |
| the commissioner. The salary to be used in the
calculation of | 17 |
| these benefits shall be the same as that prescribed for
| 18 |
| determining a retirement annuity as provided in subsection (b) | 19 |
| of this Section.
| 20 |
| Upon the death of a commissioner occurring after | 21 |
| termination of a service
or while in receipt of a retirement | 22 |
| annuity, the combined total payment to
a spouse and minor | 23 |
| children, or to minor children alone if no eligible
spouse | 24 |
| survives, shall be limited to 85% of the amount of retirement
| 25 |
| annuity earned by the commissioner.
| 26 |
| Adopted children shall have status as natural children of |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| the
commissioner only if the proceedings for adoption were | 2 |
| commenced at least
one year prior to the date of the | 3 |
| commissioner's death.
| 4 |
| Marriage of a child or attainment of age 18 (age 23 in the | 5 |
| case of a full-time student), whichever first occurs,
shall | 6 |
| render the child ineligible for further consideration in the | 7 |
| payment
of annuity to a spouse or in the increase in the amount | 8 |
| thereof. Upon
attainment of ineligibility of the youngest minor | 9 |
| child of the
commissioner, the annuity shall immediately revert | 10 |
| to the amount payable
upon death of a commissioner leaving no | 11 |
| minor children surviving. If the
spouse is under age 50 at such | 12 |
| time, the annuity as revised shall be
deferred until such age | 13 |
| is attained.
| 14 |
| (e) Refunds. Refunds of additional optional contributions | 15 |
| shall be made
on the same basis and under the same conditions | 16 |
| as provided under Section
13-601. Interest shall be credited on | 17 |
| the same basis and under the same
conditions as for other | 18 |
| contributions.
| 19 |
| Optional contributions shall be accounted for in a separate | 20 |
| Commission's
Optional Contribution Reserve. Optional | 21 |
| contributions under this Section
shall be included in the | 22 |
| amount of employee contributions used to compute
the tax levy | 23 |
| under Section 13-503.
| 24 |
| (f) Effective date. The effective date of this plan of | 25 |
| optional
alternative benefits and contributions shall be the | 26 |
| date upon which
approval was received from the U.S. Internal |
|
|
|
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LRB095 03657 AMC 23683 b |
|
| 1 |
| Revenue Service. The plan of
optional alternative benefits and | 2 |
| contributions shall not be available to
any former employee | 3 |
| receiving an annuity from the Fund on the effective
date, | 4 |
| unless said former employee re-enters service and renders at | 5 |
| least 3
years of additional service after the date of re-entry | 6 |
| as a commissioner.
| 7 |
| (Source: P.A. 94-621, eff. 8-18-05.)
| 8 |
| (40 ILCS 5/14-119) (from Ch. 108 1/2, par. 14-119)
| 9 |
| Sec. 14-119. Amount of widow's annuity.
| 10 |
| (a) The widow's annuity shall be 50% of the amount of | 11 |
| retirement annuity
payable to the member on the date of death | 12 |
| while on retirement if an
annuitant, or on the date of his | 13 |
| death while in service if an employee,
regardless of his age on | 14 |
| such date, or on the date of withdrawal if death
occurred after | 15 |
| termination of service under the conditions prescribed in
the | 16 |
| preceding Section.
| 17 |
| (b) If an eligible widow, regardless of age, has in her | 18 |
| care any
unmarried child or children of the member under age 18 | 19 |
| (under age 22 if a
full-time student), the widow's
annuity | 20 |
| shall be increased in the amount of 5% of the retirement | 21 |
| annuity
for each such child, but the combined payments for a | 22 |
| widow and
children shall not exceed 66 2/3% of the member's | 23 |
| earned
retirement annuity.
| 24 |
| The amount of retirement annuity from which the widow's
| 25 |
| annuity is derived shall be that earned by the member without |
|
|
|
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LRB095 03657 AMC 23683 b |
|
| 1 |
| regard to
whether he attained age 60 prior to his withdrawal | 2 |
| under the conditions
stated or prior to his death.
| 3 |
| (c) Adopted children shall be considered as children of the | 4 |
| member
only if the proceedings for adoption were commenced at | 5 |
| least 1 year
prior to the member's death.
| 6 |
| Marriage of a child shall render the child ineligible for | 7 |
| further
consideration in the increase in the amount of the | 8 |
| widow's annuity.
| 9 |
| Attainment of age 18 (age 22 if a full-time student)
shall | 10 |
| render a child ineligible for
further consideration in the | 11 |
| increase of the widow's annuity, but the
annuity to the widow | 12 |
| shall be continued thereafter, without regard to
her age at | 13 |
| that time.
| 14 |
| (d) A widow's annuity payable on account of any covered | 15 |
| employee who
shall have been a covered employee for at least 18 | 16 |
| months shall be reduced
by 1/2 of the amount of survivors | 17 |
| benefits to which his beneficiaries are
eligible under the | 18 |
| provisions of the Federal Social Security Act, except
that (1) | 19 |
| the amount of any widow's annuity payable under this Article | 20 |
| shall
not be reduced by reason of any increase under that Act | 21 |
| which occurs after
the offset required by this subsection is | 22 |
| first applied to that annuity,
and (2) for benefits granted on | 23 |
| or after January 1, 1992, the offset under
this subsection (d) | 24 |
| shall not exceed 50% of the amount of widow's annuity
otherwise | 25 |
| payable.
| 26 |
| (e) Upon the death of a recipient of a widow's annuity the |
|
|
|
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|
| 1 |
| excess, if
any, of the member's accumulated contributions plus | 2 |
| credited interest over
all annuity payments to the member and | 3 |
| widow, exclusive of the $500 lump
sum payment, shall be paid to | 4 |
| the named beneficiary of the widow, or if
none has been named, | 5 |
| to the estate of the widow, provided no reversionary
annuity is | 6 |
| payable.
| 7 |
| (f) On January 1, 1981, any recipient of a widow's annuity | 8 |
| who was receiving
a widow's annuity on or before January 1, | 9 |
| 1971, shall have her widow's annuity
then being paid increased | 10 |
| by 1% for each full year which has elapsed from
the date the | 11 |
| widow's annuity began. On January 1, 1982, any recipient
of a | 12 |
| widow's annuity who began receiving a widow's annuity after | 13 |
| January
1, 1971, but before January 1, 1981, shall have her | 14 |
| widow's annuity then
being paid increased by 1% for each full | 15 |
| year which has elapsed from the
date the widow's annuity began. | 16 |
| On January 1, 1987, any recipient of a
widow's annuity who | 17 |
| began receiving the widow's annuity on or before January
1, | 18 |
| 1977, shall have the monthly widow's annuity increased by $1
| 19 |
| for each full year which has elapsed since the date the
annuity | 20 |
| began.
| 21 |
| (g) Beginning January 1, 1990, every widow's annuity shall | 22 |
| be
increased (1) on each January 1 occurring on or after the | 23 |
| commencement
of the annuity if the deceased member died while | 24 |
| receiving a retirement
annuity, or (2) in other cases, on each | 25 |
| January 1 occurring on or after
the first anniversary of the | 26 |
| commencement of the annuity, by an amount
equal to 3% of the |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| current amount of the annuity, including any previous
increases | 2 |
| under this Article. Such increases shall apply without regard | 3 |
| to
whether the deceased member was in service on or after the | 4 |
| effective date
of Public Act 86-1488, but shall not accrue for | 5 |
| any period prior to January
1, 1990.
| 6 |
| (Source: P.A. 90-448, eff. 8-16-97.)
| 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 of | 10 |
| the System. Upon
the death of any male person who was a member | 11 |
| on July 19, 1961, however,
his widow may have the option of | 12 |
| receiving the widow's annuity provided
in this Article, in lieu | 13 |
| of the survivors annuity.
| 14 |
| (a) A survivors annuity beneficiary, as herein defined, is | 15 |
| eligible
for a survivors annuity if the deceased member had | 16 |
| 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 absence | 20 |
| from
service, not exceeding one year continuously; or
| 21 |
| (3) while in receipt of a non-occupational disability | 22 |
| or an
occupational disability benefit.
| 23 |
| (b) If death of the member occurs after withdrawal, the | 24 |
| survivors
annuity beneficiary is eligible for such annuity only | 25 |
| if the member had
fulfilled at the date of withdrawal the |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| prescribed service conditions
for establishing a right in a | 2 |
| retirement annuity.
| 3 |
| (c) Payment of the survivors annuity shall begin | 4 |
| immediately if the
beneficiary is 50 years or over, or upon | 5 |
| attainment of age 50 if the
beneficiary is under that age at | 6 |
| the date of the member's death. In the
case of survivors of a | 7 |
| member whose death occurred between November 1,
1970 and July | 8 |
| 15, 1971, the payment of the survivors annuity shall begin
upon | 9 |
| October 1, 1977, if the beneficiary is then 50 years of age or
| 10 |
| older, or upon the attainment of age 50 if the beneficiary is | 11 |
| under that
age on October 1, 1977.
| 12 |
| If an eligible child or children, under the care of the | 13 |
| spouse also
survive the member, the survivors annuity shall | 14 |
| begin immediately
without regard to whether the beneficiary has | 15 |
| attained age 50.
| 16 |
| Benefits under this Section shall accrue and be payable for | 17 |
| whole
calendar months, beginning on the first day of the month | 18 |
| after the
initiating event occurs and ending on the last day of | 19 |
| the month in which
the terminating event occurs.
| 20 |
| (d) A survivor annuity beneficiary means:
| 21 |
| (1) A spouse of a member or annuitant if:
| 22 |
| (i) in the case of a member or annuitant who dies | 23 |
| before the effective
date of this amendatory Act of the | 24 |
| 91st General Assembly, the current
marriage with the | 25 |
| member or annuitant was in effect for at least
one year | 26 |
| at the date of death or withdrawal,
whichever first |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| occurs; or
| 2 |
| (ii) in the case of a member or annuitant who dies | 3 |
| on or after the
effective date of this amendatory Act | 4 |
| of the 91st General Assembly, the current
marriage with | 5 |
| the member or annuitant was in effect for at least one | 6 |
| year
immediately prior to the date of death, regardless | 7 |
| of the date of withdrawal.
| 8 |
| (2) An unmarried child under age 18 (under age 22 if a | 9 |
| full-time
student) of the member or annuitant; an unmarried | 10 |
| stepchild under age 18
(under age 22 if a full-time | 11 |
| student) who has been such for at least one
year at the | 12 |
| date of the member's death or at least one year at the date | 13 |
| of
withdrawal, whichever first occurs; an unmarried | 14 |
| adopted child under age 18
(under age 22 if a full-time | 15 |
| student) if the adoption proceedings were
initiated at | 16 |
| least one year prior to the death or withdrawal of the | 17 |
| member or
annuitant, whichever first occurs ; and an | 18 |
| unmarried child over age 18 if he
or she is dependent by | 19 |
| reason of a physical or mental disability, so
long as the | 20 |
| physical or mental disability continues. For purposes
of | 21 |
| this subsection, disability means inability to engage in
| 22 |
| any substantial gainful activity by reason of any medically | 23 |
| determinable
physical or mental impairment which can be | 24 |
| expected to result in death or which
has lasted or can be | 25 |
| expected to last for a continuous period of not less than
| 26 |
| 12 months.
|
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| (3) A dependent parent of the member or annuitant; a | 2 |
| dependent
step-parent by a marriage contracted before the | 3 |
| member or annuitant
attained age 18; or a dependent | 4 |
| adopting parent by whom the member or
annuitant was adopted | 5 |
| before he or she attained age 18.
| 6 |
| (e) Payment of a survivors annuity to a beneficiary | 7 |
| terminates upon:
(1) remarriage before age 55 that occurs | 8 |
| before the effective date of this
amendatory Act of the 91st | 9 |
| General Assembly or death, if the beneficiary
is a spouse; (2) | 10 |
| marriage or death, if the beneficiary is
a child; or (3) | 11 |
| remarriage before age 55 or death, if the
beneficiary is a | 12 |
| parent.
Remarriage of a prospective beneficiary prior
to the | 13 |
| attainment of age 50 disqualifies the beneficiary for the | 14 |
| annuity
expectancy hereunder, if the remarriage occurs before | 15 |
| the effective
date of this amendatory Act of the 91st General | 16 |
| Assembly.
Termination due to marriage or remarriage shall be | 17 |
| permanent,
regardless of any future changes in marital status.
| 18 |
| The substantive changes made to this subsection by this | 19 |
| amendatory Act
of the 91st General Assembly (pertaining to | 20 |
| remarriage prior to age 55 or 50)
apply without regard to | 21 |
| whether the deceased participant or annuitant was in
service on | 22 |
| or after the effective date of this amendatory Act.
| 23 |
| Any person whose survivors annuity was terminated during | 24 |
| 1978 or
1979 due to remarriage at age 55 or over shall be | 25 |
| eligible to apply, not later
than July 1, 1990, for a | 26 |
| resumption of that annuity, to begin on July 1, 1990.
|
|
|
|
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LRB095 03657 AMC 23683 b |
|
| 1 |
| (f) The term "dependent" relating to a survivors annuity | 2 |
| means a
beneficiary of a survivors annuity who was receiving | 3 |
| from the member at
the date of the member's death at least 1/2 | 4 |
| of the support for
maintenance including board, lodging, | 5 |
| medical care and like living costs.
| 6 |
| (g) If there is no eligible spouse surviving the member, or | 7 |
| if a survivors
annuity beneficiary includes a spouse who dies | 8 |
| or is disqualified by
remarriage, the annuity is payable to an | 9 |
| unmarried child or
children. If at the date of death of the | 10 |
| member there is no spouse or
unmarried child, payments shall be | 11 |
| made to a dependent parent or parents.
If no eligible survivors | 12 |
| annuity beneficiary survives the member, the
non-occupational | 13 |
| death benefit is payable in the manner provided in this
| 14 |
| Article.
| 15 |
| (h) Survivor benefits do not affect any reversionary | 16 |
| annuity.
| 17 |
| (i) If a survivors annuity beneficiary becomes entitled to | 18 |
| a widow's
annuity or one or more survivors annuities or both | 19 |
| such annuities, the
beneficiary shall elect to receive only one | 20 |
| of such annuities.
| 21 |
| (j) Contributing creditable service under the State | 22 |
| Universities Retirement
System and the Teachers' Retirement | 23 |
| System of the State of
Illinois shall be considered in | 24 |
| determining whether the member has met the
contributing service | 25 |
| requirements of this Section.
| 26 |
| (k) In lieu of the Survivor's Annuity described in this |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| Section, the spouse
of the member has the option to select the | 2 |
| Nonoccupational Death
Benefit described in this Article, | 3 |
| provided the spouse is the sole survivor
and the sole nominated | 4 |
| beneficiary of the member.
| 5 |
| (l) The changes made to this Section and Sections 14-118, | 6 |
| 14-119, and
14-128 by this amendatory Act of 1997, relating to | 7 |
| benefits for certain
unmarried children who are full-time | 8 |
| students under age 22, apply without
regard to whether the | 9 |
| deceased member was in service on or after the effective
date | 10 |
| of this amendatory Act of 1997. These changes do not authorize | 11 |
| the
repayment of a refund or a re-election of benefits, and any | 12 |
| benefit or increase
in benefits resulting from these changes is | 13 |
| not payable retroactively for any
period before the effective | 14 |
| date of this amendatory Act of 1997.
| 15 |
| (Source: P.A. 90-448, eff. 8-16-97; 91-357, eff. 7-29-99; | 16 |
| 91-887, eff. 7-6-00.)
| 17 |
| (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
| 18 |
| Sec. 14-128. Occupational death benefit. An occupational | 19 |
| death
benefit is provided for a member of the System whose | 20 |
| death, prior to
retirement, is the proximate result of bodily | 21 |
| injuries sustained or a
hazard undergone while in the | 22 |
| performance and within the scope of the
member's duties.
| 23 |
| (a) Conditions for payment.
| 24 |
| Exclusive of the lump sum payment provided for herein, all | 25 |
| annuities
under this Section shall accrue and be payable for |
|
|
|
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LRB095 03657 AMC 23683 b |
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| 1 |
| complete calendar
months, beginning on the first day of the | 2 |
| month next following the month
in which the initiating event | 3 |
| occurs and ending on the last day of the
month in which the | 4 |
| terminating event occurs.
| 5 |
| The following named survivors of the member
may be eligible | 6 |
| for an annuity under this Section:
| 7 |
| (i) The member's spouse.
| 8 |
| (ii) An unmarried child of the member under age 18 | 9 |
| (under age 22 if a
full-time student); an unmarried | 10 |
| stepchild under age 18 (under age 22 if a
full-time | 11 |
| student) who has been such for at least one year at the | 12 |
| date of the
member's death; an unmarried adopted child | 13 |
| under age 18 (under age 22 if a
full-time student) if the | 14 |
| adoption proceedings were initiated at least one
year prior | 15 |
| to the death of the member ; and an unmarried child over age | 16 |
| 18 who
is dependent by reason of a physical or mental | 17 |
| disability, for so long as such
physical or mental | 18 |
| disability continues. For the purposes of this Section
| 19 |
| disability means inability to engage in any substantial | 20 |
| gainful activity by
reason of any medically determinable | 21 |
| physical or mental impairment which can be
expected to | 22 |
| result in death or which has lasted or can be expected to | 23 |
| last for
a continuous period of not less than 12 months.
| 24 |
| (iii) If no spouse or eligible children survive: a | 25 |
| dependent parent of
the member; a dependent step-parent by | 26 |
| a marriage contracted before the
member attained age 18; or |
|
|
|
HB0049 Enrolled |
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| 1 |
| a dependent adopting parent by whom the member
was adopted | 2 |
| before he or she attained age 18.
| 3 |
| The term "dependent" relating to an occupational death
| 4 |
| benefit means a survivor of the member who was receiving from | 5 |
| the member
at the date of the member's death at least 1/2 of | 6 |
| the support for maintenance
including board, lodging, medical | 7 |
| care and like living costs.
| 8 |
| Payment of the annuity shall continue until the occurrence | 9 |
| of the following:
| 10 |
| (1) remarriage before age 55 that occurs before the | 11 |
| effective date of
this amendatory Act of the 91st General | 12 |
| Assembly or death, in the case of a
surviving spouse;
| 13 |
| (2) attainment of age 18 or termination of disability,
| 14 |
| death, or marriage, in the case of an eligible child;
| 15 |
| (3) remarriage before age 55 or death, in the case of a
| 16 |
| dependent parent.
| 17 |
| If none of the aforementioned beneficiaries is living at | 18 |
| the date of
death of the member, no occupational death benefit | 19 |
| shall be payable, but
the nonoccupational death benefit shall | 20 |
| be payable as provided in this
Article.
| 21 |
| The change made to this subsection by this amendatory Act | 22 |
| of the 91st
General Assembly (pertaining to remarriage prior to | 23 |
| age 55) applies without
regard to whether the deceased member | 24 |
| was in service on or after the effective
date of this | 25 |
| amendatory Act.
| 26 |
| (b) Amount of benefit.
|
|
|
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LRB095 03657 AMC 23683 b |
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| 1 |
| The member's accumulated contributions plus credited | 2 |
| interest shall
be payable in a lump sum to such person as the | 3 |
| member has nominated by
written direction, duly acknowledged | 4 |
| and filed with the Board, or if no
such nomination to the | 5 |
| estate of the member. When an annuitant is
re-employed by a | 6 |
| Department, the accumulated contributions plus credited
| 7 |
| interest payable on the member's account shall, if the member | 8 |
| has not
previously elected a reversionary annuity, consist of | 9 |
| the excess, if
any, of the member's total accumulated | 10 |
| contributions plus credited
interest for all creditable | 11 |
| service over the total amount of all
retirement annuity | 12 |
| payments received by the member prior to death.
| 13 |
| In addition to the foregoing payment, an annuity is | 14 |
| provided for
eligible survivors as follows:
| 15 |
| (1) If the survivor is a spouse only, the annuity shall | 16 |
| be
50% of the member's final average compensation.
| 17 |
| (2) If the spouse has in his or her care an eligible | 18 |
| child or
children, the annuity shall be increased by an | 19 |
| amount equal to 15% of the
final average compensation on | 20 |
| account of each such child, subject to a
limitation on the | 21 |
| combined annuities to a surviving spouse and children
of | 22 |
| 75% of final average compensation.
| 23 |
| (3) If there is no surviving spouse, or if the | 24 |
| surviving
spouse dies or remarries while a child remains | 25 |
| eligible, then each such
child shall be entitled to an | 26 |
| annuity of 15% of the deceased member's
final average |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| compensation, subject to a limitation of 50% of final
| 2 |
| average compensation to all such children.
| 3 |
| (4) If there is no surviving spouse or eligible | 4 |
| children,
then an annuity shall be payable to the member's | 5 |
| dependent parents,
equal to 25% of final average | 6 |
| compensation to each such beneficiary.
| 7 |
| If any annuity payable under this Section is less than the | 8 |
| corresponding
survivors annuity, the beneficiary or | 9 |
| beneficiaries of the annuity under this
Section may elect to | 10 |
| receive the survivors annuity and the nonoccupational
death | 11 |
| benefit provided for in this Article in lieu of the annuity | 12 |
| provided
under this Section.
| 13 |
| (c) Occupational death claims pending adjudication by the | 14 |
| Illinois Workers' Compensation
Commission or a ruling by the | 15 |
| agency responsible for determining the liability
of the State | 16 |
| under the "Workers' Compensation Act" or "Workers' | 17 |
| Occupational
Diseases Act" shall be payable under Sections | 18 |
| 14-120 and 14-121 until a ruling or adjudication
occurs, if the | 19 |
| beneficiary or beneficiaries: (1) meet all conditions for
| 20 |
| payment as prescribed in this Article; and (2) execute an | 21 |
| assignment of
benefits payable as a result of adjudication by | 22 |
| the Illinois Workers' Compensation Commission or
a ruling by | 23 |
| the agency responsible for determining the liability of the | 24 |
| State
under such Acts. The assignment shall be made to the | 25 |
| System and shall be for
an amount equal to the excess of | 26 |
| benefits paid under Sections 14-120 and
14-121 over benefits
|
|
|
|
HB0049 Enrolled |
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|
| 1 |
| payable as a result of adjudication of the workers' | 2 |
| compensation claim
computed from the date of death of the | 3 |
| member.
| 4 |
| (d) Every occupational death annuity payable under this | 5 |
| Section shall
be increased on each January 1 occurring on or | 6 |
| after (i) January 1, 1990, or
(ii) the first anniversary of the | 7 |
| commencement of the annuity, whichever
occurs later, by an | 8 |
| amount equal to 3% of the current amount of the
annuity, | 9 |
| including any previous increases under this Article, without
| 10 |
| regard to whether the deceased member was in service on the | 11 |
| effective date
of this amendatory Act of 1991.
| 12 |
| (Source: P.A. 93-721, eff. 1-1-05.)
| 13 |
| (40 ILCS 5/15-129) (from Ch. 108 1/2, par. 15-129)
| 14 |
| Sec. 15-129. Child.
| 15 |
| "Child": The child of a participant or an annuitant, | 16 |
| including a child born out of wedlock, a stepchild who has been | 17 |
| such for not less than 1 year
immediately preceding the death | 18 |
| of the participant or annuitant, and an
adopted child , if the | 19 |
| proceedings for adoption were initiated at least 1
year before | 20 |
| the death or retirement of the participant or annuitant .
| 21 |
| (Source: P.A. 94-229, eff. 1-1-06.)
| 22 |
| (40 ILCS 5/18-128) (from Ch. 108 1/2, par. 18-128)
| 23 |
| Sec. 18-128. Survivor's annuities; Conditions for payment.
| 24 |
| (a) A survivor's annuity shall be payable upon the death of |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| a
participant while in service after June 30, 1967 if the | 2 |
| participant had at
least 1 1/2 years of service credit as a | 3 |
| judge, or upon death of an
inactive participant who had | 4 |
| terminated service as a judge on or after June
30, 1967 with at | 5 |
| least 10 years of service credit, or upon the death of an
| 6 |
| annuitant whose retirement becomes effective after June 30, | 7 |
| 1967.
| 8 |
| (b) The surviving spouse of a deceased participant or | 9 |
| annuitant is
entitled to a survivor's annuity beginning at the | 10 |
| date of death if the
surviving spouse (1) has been married to | 11 |
| the participant or annuitant for a
continuous period of at | 12 |
| least one year immediately preceding the date of
death, and (2) | 13 |
| has attained age 50, or, regardless of age, has in his or
her | 14 |
| care an eligible child or children of the decedent as provided | 15 |
| under
subsections (c) and (d) of this Section. If the surviving | 16 |
| spouse has no
such child in his or her care and has not | 17 |
| attained age 50, the survivor's
annuity shall begin upon | 18 |
| attainment of age 50. When all such children of
the deceased | 19 |
| who are in the care of the surviving spouse no longer qualify
| 20 |
| for benefits and the surviving spouse is under 50 years of age, | 21 |
| the
surviving spouse's annuity shall be suspended until he or | 22 |
| she attains age 50.
| 23 |
| (c) A child's annuity is payable for an unmarried child of | 24 |
| an
annuitant or participant so long as the child is (i) under | 25 |
| age 18,
(ii) under age 22 and a full time student, or (iii) age | 26 |
| 18 or over
if dependent by reason of physical or mental |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| disability. Disability means
inability to engage in any | 2 |
| substantial gainful activity by reason of any
medically | 3 |
| determinable physical or mental impairment which can expected | 4 |
| to
result in death or which has lasted or can be expected to | 5 |
| last for a
continuous period of not less than 12 months.
| 6 |
| (d) (Blank)
Adopted children shall have the same status as | 7 |
| natural children, but
only if the proceedings for adoption were | 8 |
| commenced at least 6 months prior
to the death of the annuitant | 9 |
| or participant .
| 10 |
| (e) Remarriage prior to attainment of age 50 that occurs | 11 |
| before the
effective date of this amendatory Act of the 91st | 12 |
| General Assembly shall
disqualify a surviving spouse for the | 13 |
| receipt of a survivor's annuity.
| 14 |
| The change made to this subsection by this amendatory Act | 15 |
| of the 91st
General Assembly applies without regard to whether | 16 |
| the deceased judge was
in service on or after the effective | 17 |
| date of this amendatory Act of the 91st
General Assembly.
| 18 |
| (f) The changes made in survivor's annuity provisions by | 19 |
| Public Act
82-306 shall apply to the survivors of a deceased | 20 |
| participant or annuitant
whose death occurs on or after August | 21 |
| 21, 1981 and whose service as a judge
terminates on or after | 22 |
| July 1, 1967.
| 23 |
| The provision of child's annuities for dependent students | 24 |
| under age 22
by this amendatory Act of 1991 shall apply to all | 25 |
| eligible students
beginning January 1, 1992, without regard to | 26 |
| whether the deceased judge was
in service on or after the |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| effective date of this amendatory Act.
| 2 |
| (Source: P.A. 91-887, eff. 7-6-00.)
| 3 |
| (40 ILCS 5/19-115) (from Ch. 108 1/2, par. 19-115)
| 4 |
| Sec. 19-115. Marriage of beneficiary.
| 5 |
| When any contributor to said fund, who has been in the | 6 |
| service of the
house of correction for a period of 20 years, | 7 |
| has contributed to said fund
for the same period and has | 8 |
| retired and become a beneficiary under "The
1911 Act" or this | 9 |
| Division, shall then marry, such wife of such marriage
shall | 10 |
| after his death receive no benefit nor annuity from said fund.
| 11 |
| Any widow or child or children receiving benefits or | 12 |
| annuities, under
"The 1911 Act", shall continue to receive such | 13 |
| benefits or annuities, which
shall be increased from $480 per | 14 |
| year to not more than $720 per year and
paid in accordance with | 15 |
| the provisions of Section 19--110 of this Division.
| 16 |
| The term "child" or "children" under this Division shall | 17 |
| not include
adopted child or children, nor shall it include a | 18 |
| stepchild or stepchildren
of any contributor to aforesaid | 19 |
| pension fund.
| 20 |
| (Source: Laws 1963, p. 161.)
| 21 |
| Section 90. The State Mandates Act is amended by adding | 22 |
| Section 8.31 as follows: | 23 |
| (30 ILCS 805/8.31 new) |
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 2 |
| of this Act, no reimbursement by the State is required for the | 3 |
| implementation of any mandate created by this amendatory Act of | 4 |
| the 95th General Assembly.
|
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 40 ILCS 5/1-104.3 new |
|
| 4 |
| 40 ILCS 5/2-121 |
from Ch. 108 1/2, par. 2-121 |
| 5 |
| 40 ILCS 5/2-162 |
|
| 6 |
| 40 ILCS 5/3-108 |
from Ch. 108 1/2, par. 3-108 |
| 7 |
| 40 ILCS 5/4-114 |
from Ch. 108 1/2, par. 4-114 |
| 8 |
| 40 ILCS 5/4-115.1 |
from Ch. 108 1/2, par. 4-115.1 |
| 9 |
| 40 ILCS 5/5-152 |
from Ch. 108 1/2, par. 5-152 |
| 10 |
| 40 ILCS 5/6-148 |
from Ch. 108 1/2, par. 6-148 |
| 11 |
| 40 ILCS 5/6-151 |
from Ch. 108 1/2, par. 6-151 |
| 12 |
| 40 ILCS 5/7-145.2 |
|
| 13 |
| 40 ILCS 5/7-160 |
from Ch. 108 1/2, par. 7-160 |
| 14 |
| 40 ILCS 5/8-120 |
from Ch. 108 1/2, par. 8-120 |
| 15 |
| 40 ILCS 5/8-243.3 |
from Ch. 108 1/2, par. 8-243.3 |
| 16 |
| 40 ILCS 5/9-115 |
from Ch. 108 1/2, par. 9-115 |
| 17 |
| 40 ILCS 5/9-121.7 |
from Ch. 108 1/2, par. 9-121.7 |
| 18 |
| 40 ILCS 5/11-153 |
from Ch. 108 1/2, par. 11-153 |
| 19 |
| 40 ILCS 5/12-137 |
from Ch. 108 1/2, par. 12-137 |
| 20 |
| 40 ILCS 5/13-308 |
from Ch. 108 1/2, par. 13-308 |
| 21 |
| 40 ILCS 5/13-314 |
from Ch. 108 1/2, par. 13-314 |
| 22 |
| 40 ILCS 5/14-119 |
from Ch. 108 1/2, par. 14-119 |
| 23 |
| 40 ILCS 5/14-120 |
from Ch. 108 1/2, par. 14-120 |
| 24 |
| 40 ILCS 5/14-128 |
from Ch. 108 1/2, par. 14-128 |
| 25 |
| 40 ILCS 5/14-152.1 |
|
|
|
|
|
HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
|
| 1 |
| 40 ILCS 5/15-129 |
from Ch. 108 1/2, par. 15-129 |
| 2 |
| 40 ILCS 5/15-198 |
|
| 3 |
| 40 ILCS 5/18-128 |
from Ch. 108 1/2, par. 18-128 |
| 4 |
| 40 ILCS 5/18-169 |
|
| 5 |
| 40 ILCS 5/19-115 |
from Ch. 108 1/2, par. 19-115 |
| 6 |
| 30 ILCS 805/8.31 new |
|
| |
|