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LRB095 03657 AMC 23683 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing |
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| Sections 1-104.3, 2-121, 3-108, 4-114, 4-115.1, 5-152, 6-148, |
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| 6-151, 7-145.2, 7-160, 8-120, 8-243.3, 9-115, 9-121.7, 11-153, |
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| 12-137, 13-308, 13-314, 14-119, 14-120, 14-128, 15-129, |
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| 18-128, and 19-115 as follows: |
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| (40 ILCS 5/1-104.3 new)
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| Sec. 1-104.3. Adopted children. Notwithstanding any other |
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| provision of this Code to the contrary, beginning on the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly, legally adopted children shall be entitled to the |
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| same benefits as other children, and no child's or survivor's |
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| benefit shall be disallowed because the child is an adopted |
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| child. The provisions of this Section apply without regard to |
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| whether the employee or member was in service on or after the |
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| 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 |
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| spouse or
eligible child (1) upon the death in service of a |
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LRB095 03657 AMC 23683 b |
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| participant with at least
2 years of service credit, or (2) |
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| upon the death of an annuitant in receipt
of a retirement |
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| 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 |
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| Act of 1995
applies to survivors of participants who die on or |
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| after December 1, 1994,
without regard to whether or not the |
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| participant was in service on or after
the effective date of |
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| this amendatory Act of 1995.
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| (b) To be eligible for the survivor's annuity, the spouse |
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| and the
participant or annuitant must have been married for a |
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| continuous period of at
least one year immediately preceding |
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| the date of death, but need not have
been married on the day of |
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| the participant's last termination of service,
regardless of |
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| 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 |
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| annuitant's
death, if the spouse is then age 50 or over, or |
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| beginning at age 50 if the
spouse is then under age 50. If an |
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| eligible child or children of the
participant or annuitant (or |
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| a child or children of the eligible spouse
meeting the criteria |
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| of item (1), (2), or (3) of subsection (d) of this
Section) |
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| also survive, and the child or children are under
the care of |
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| 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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LRB095 03657 AMC 23683 b |
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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 |
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| of 1998
(relating to children of an eligible spouse) applies to |
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| the eligible spouse
of a participant or annuitant who dies on |
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| or after the effective date of this
amendatory Act, without |
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| regard to whether the participant or annuitant is in
service on |
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| or after that effective date.
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| (d) For the purposes of this Section and Section 2-121.1, |
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| "eligible child"
means a child of the deceased participant or |
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| 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 |
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| of 22;
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| (3) dependent by reason of physical or mental |
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| disability.
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| The inclusion of unmarried students under age 22 in the |
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| calculation of
survivor's annuities by this amendatory Act of |
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| 1991 shall apply to all
eligible students beginning January 1, |
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| 1992, without regard to whether the
deceased participant or |
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| annuitant was in service on or after the effective
date of this |
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| amendatory Act of 1991.
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| Adopted children shall have the same status as children of |
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| the
participant or annuitant, but only if the proceedings for |
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| adoption are
commenced at least one year prior to the date of |
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| 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 |
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| of a survivor's
annuity, if the remarriage occurs before the |
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| effective date of this
amendatory Act of the 91st General |
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| Assembly.
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| The changes made to this subsection by this amendatory Act |
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| of the 91st
General Assembly (pertaining to remarriage prior to |
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| age 55) apply without
regard to whether the deceased |
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| participant or annuitant was in service on or
after the |
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| 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": |
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| "Child" or "children" includes a police officer's
natural and |
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| legally adopted
children. Adopted
children shall be eligible |
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| for benefits only if the judicial proceedings
for adoption were |
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| commenced at least one year prior to the death or
disability of |
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| the police officer and in any event prior
to his or her |
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| 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 |
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| not receiving a
disability pension under Section 4-110 or |
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| 4-110.1 dies (1) as a result of any
illness or accident, or (2) |
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| 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, |
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| or
(4) while vested for or in receipt of a pension payable |
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| under subsection (b)
of Section 4-109, or (5) while a deferred |
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| pensioner, having made all required
contributions, a pension |
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| shall be paid to his or her survivors, based on the
monthly |
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| salary attached to the firefighter's rank on the last day of |
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| 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 |
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| child or
children including a child which has been |
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| conceived but not yet born, 12%
of such monthly salary for |
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| each such child until attainment of age 18 or
until the |
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| child's marriage, whichever occurs first. Beginning July |
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| 1,
1993, the monthly pension to the surviving spouse shall |
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| be 54% of the
monthly salary for all persons receiving a |
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| surviving spouse pension under
this Article, regardless of |
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| whether the deceased firefighter was in service
on or after |
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| the effective date of this amendatory Act of 1993.
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| (2) Beginning July 1, 2004, unless the amount provided |
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| under paragraph (1) of this subsection (a) is greater, the |
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| total monthly pension payable under
this paragraph (a), |
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| including any amount payable on account of children, to the |
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| surviving spouse of a firefighter who died (i) while
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| receiving a retirement pension, (ii) while he or she was a |
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| deferred pensioner with at least 20 years of creditable |
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| service, or (iii) while he or she was in active service |
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LRB095 03657 AMC 23683 b |
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| having at least 20 years of creditable service, regardless |
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| of age, shall be no less than 100% of the monthly |
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| retirement pension earned by
the deceased firefighter at |
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| the time of death, regardless of whether death occurs |
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| before or after attainment of age 50, including any
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| increases under Section 4-109.1. This minimum applies to |
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| all such surviving
spouses who are eligible to receive a |
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| surviving spouse pension, regardless of
whether the |
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| deceased firefighter was in service on or after the |
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| effective date
of this amendatory Act of the 93rd General |
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| Assembly, and notwithstanding any
limitation on maximum |
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| pension under paragraph (d) or any other provision of
this |
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| Article.
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| (3) If the pension paid on and after July 1, 2004 to |
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| the surviving spouse of a firefighter who died on or after |
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| July 1, 2004 and before the effective date of this |
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| amendatory Act of the 93rd General Assembly was less than |
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| the minimum pension payable under paragraph (1) or (2) of |
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| this subsection (a), the fund shall pay a lump sum equal to |
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| the difference within 90 days after the effective date of |
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| this amendatory Act of the 93rd General Assembly.
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| The pension to the surviving spouse shall terminate in the |
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| event of the
surviving spouse's remarriage prior to July 1, |
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| 1993; remarriage on or after
that date does not affect the |
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| surviving spouse's pension, regardless of
whether the deceased |
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| firefighter was in service on or after the effective
date of |
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HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
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| this amendatory Act of 1993.
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| The surviving spouse's pension shall be subject to the |
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| minimum established
in Section 4-109.2.
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| (b) Upon the death of the surviving spouse leaving one or |
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| more minor
children, to the duly appointed guardian of each |
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| such child, for support
and maintenance of each such child |
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| until the child reaches age 18 or
marries, whichever occurs |
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| first, a monthly pension of 20% of the monthly
salary.
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| (c) If a deceased firefighter leaves no surviving spouse or |
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| unmarried
minor children under age 18, but leaves a dependent |
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| father or mother, to
each dependent parent a monthly pension of |
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| 18% of the monthly salary. To
qualify for the pension, a |
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| dependent parent must furnish satisfactory proof
that the |
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| deceased firefighter was at the time of his or her death the |
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| sole
supporter of the parent or that the parent was the |
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| deceased's dependent for
federal income tax purposes.
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| (d) The total pension provided under paragraphs (a), (b) |
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| and (c) of this
Section shall not exceed 75% of the monthly |
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| salary of the deceased firefighter
(1) when paid to the |
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| survivor of a firefighter who has attained 20 or more
years of |
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| service credit and who receives or is eligible to receive a |
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| retirement
pension under this Article, or (2) when paid to the |
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| survivor of a firefighter
who dies as a result of illness or |
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| accident, or (3) when paid to the survivor
of a firefighter who |
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| dies from any cause while in receipt of a disability
pension |
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| under this Article, or (4) when paid to the survivor of a |
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LRB095 03657 AMC 23683 b |
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| deferred
pensioner. For all other survivors of deceased |
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| firefighters, the total pension
provided under paragraphs (a), |
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| (b) and (c) of this Section shall not exceed 50%
of the |
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| retirement annuity the firefighter would have received on the |
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| date of
death.
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| The maximum pension limitations in this paragraph (d) do |
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| not control
over any contrary provision of this Article |
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| explicitly establishing a minimum
amount of pension or granting |
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| a one-time or annual increase in pension.
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| (e) If a firefighter leaves no eligible survivors under |
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| paragraphs (a),
(b) and (c), the board shall refund to the |
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| firefighter's estate the amount
of his or her accumulated |
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| contributions, less the amount of pension
payments, if any, |
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| made to the firefighter while living.
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| (f) (Blank)
An adopted child is eligible for the pension |
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| provided under
paragraph (a) if the child was adopted before |
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| the firefighter attained age 50 .
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| (g) If a judgment of dissolution of marriage between a |
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| firefighter and
spouse is judicially set aside subsequent to |
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| the firefighter's death, the
surviving spouse is eligible for |
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| the pension provided in paragraph (a) only
if the judicial |
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| proceedings are filed within 2 years after the date of the
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| dissolution of marriage and within one year after the |
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| firefighter's death and
the board is made a party to the |
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| proceedings. In such case the pension shall be
payable only |
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| from the date of the court's order setting aside the judgment |
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LRB095 03657 AMC 23683 b |
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| of
dissolution of marriage.
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| (h) Benefits payable on account of a child under this |
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| Section shall
not be reduced or terminated by reason of the |
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| child's attainment of age 18
if he or she is then dependent by |
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| reason of a physical or mental disability
but shall continue to |
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| be paid as long as such dependency continues.
Individuals over |
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| the age of 18 and adjudged as a disabled person pursuant
to |
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| 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 |
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| Code, shall be
eligible to receive benefits under this Act.
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| (i) Beginning January 1, 2000, the pension of the surviving |
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| spouse of
a firefighter who dies on or after January 1, 1994 as |
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| a result of sickness,
accident, or injury incurred in or |
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| resulting from the performance of an act of
duty or from the |
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| 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 |
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| firefighter on the last
day of service, notwithstanding |
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| subsection (d) or any other provision of
this Article.
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| (j) Beginning July 1, 2004, the pension of the surviving |
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| spouse of
a firefighter who dies on or after January 1, 1988 as |
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| a result of sickness,
accident, or injury incurred in or |
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| resulting from the performance of an act of
duty or from the |
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| 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 |
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| firefighter on the last
day of service, notwithstanding |
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| subsection (d) or any other provision of
this Article.
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LRB095 03657 AMC 23683 b |
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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 |
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| shall be paid to
each natural child of a deceased firefighter, |
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| and to each child legally adopted
before the firefighter |
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| attains age 50 , until the child's attainment of age
18 or |
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| marriage, whichever occurs first, whether or not the death of |
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| the
firefighter occurred prior to November 21, 1975.
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| Benefits payable to or on account of a child under this |
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| Article shall not
be reduced or terminated by reason of the |
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| child's adoption by a third party
after the firefighter's |
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| death.
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| Benefits payable to or on account of a child under this |
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| Article shall not be reduced or terminated by reason of the |
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| child's
attainment of age 18 if he or she is then dependent by |
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| reason of a physical or
mental disability but shall continue to |
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| be paid as long as such dependency
continues. Individuals over |
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| the age of 18 and adjudged as a disabled person
pursuant to |
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| 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 |
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| 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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LRB095 03657 AMC 23683 b |
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| child's
annuity shall be payable in the following cases of |
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| policemen who die
on or after the effective date: (a) A |
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| policeman whose death results
from injury incurred in the |
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| performance of an act or acts of duty;
(b) a policeman who dies |
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| in service from any cause; (c) a policeman
who withdraws upon |
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| or after attainment of age 50 and who enters upon
or is |
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| 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 |
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| has
entered upon annuity.
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| A child to be eligible must have been born or legally |
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| adopted
before the policeman has withdrawn from service. In the |
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| case of an adopted
child, the policeman shall be married and |
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| living with his wife at the
time of the adoption, and the |
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| proceedings for adoption must have been
initiated at least 6 |
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| months prior to the policeman's death. The requirement
that the |
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| proceedings for adoption be initiated at least 6 months prior |
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| to
the policeman's death does not apply where death occurs as a |
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| result of
an act of duty.
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| Only one annuity shall be granted and paid for the benefit |
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| 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 |
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| 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 |
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| the classified civil
service position of a first class |
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| patrolman
on July 1, 1975, or the date of the policeman's |
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LRB095 03657 AMC 23683 b |
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| death, whichever is later,
for each child while a widow or |
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| widower of the
deceased policeman survives and in
an amount |
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| equal to 15% of the annual maximum
salary attached to the |
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| classified civil service position of a first
class patrolman on |
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| 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 |
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| that if the combined annuities for the widow
and children of a |
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| policeman who dies on or after September 26, 1969,
as the |
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| result of an act of duty, or for the children of such
policeman |
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| in any case wherein a widow or widower does not exist,
exceed |
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| the salary that would ordinarily have been paid to him if
he |
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| had been in the active discharge of his duties, all such |
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| annuities shall be
reduced pro rata so that the combined |
14 |
| annuities for the family shall
not exceed such limitation. The |
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| compensation portion of the annuity
of the widow shall not be |
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| considered in making such reduction.
Benefits payable under |
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| this Section shall not be reduced or
terminated by reason of |
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| any child's attainment of age 18 if he is then
dependent by |
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| reason of a physical or mental disability but shall continue
to |
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| be paid as long as such dependency continues. For the purposes |
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| of this
subsection, "disability" means inability to engage in |
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| any substantial
gainful activity by reason of any medically |
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| determinable physical or
mental impairment which can be |
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| expected to result in death or which has
lasted or can be |
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| expected to last for a continuous period of not less
than 12 |
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| months.
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LRB095 03657 AMC 23683 b |
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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 |
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| performance
of an act of duty, in which annuities for such |
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| family exceed an amount
equal to 60% of the salary that would |
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| ordinarily have been paid to
him if he had been in the active |
6 |
| discharge of his duties, all such
annuities shall be reduced |
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| 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 |
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| 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 |
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| benefit of any
unmarried child, less than age 18, of any |
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| following described firemen:
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| (a) A fireman whose death results from the performance of |
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| any act or
acts of duty; (b) a fireman who dies in service from |
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| any cause; (c) a
fireman who withdraws subsequent to age 50 and |
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| who enters upon or is
eligible for annuity; and (d) a fireman |
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| having at least 20 years of
service who withdraws and dies |
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| before he enters upon annuity.
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| A child to be eligible must have been born or in esse |
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| before the
fireman withdrew, or legally adopted by a fireman at |
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| least one year prior
to the fireman's death or
withdrawal. The |
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HB0049 Enrolled |
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LRB095 03657 AMC 23683 b |
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| requirement that the adoption take place at least 1 year
prior |
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| to the fireman's death does not apply where death occurs as a
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| 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
|
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| 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 |
|
|
|
HB0049 Enrolled |
- 15 - |
LRB095 03657 AMC 23683 b |
|
|
1 |
| 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.
|
6 |
| 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.
|
9 |
| (Source: P.A. 84-11.)
|
10 |
| (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 |
|
|
|
HB0049 Enrolled |
- 31 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
|
|
|
HB0049 Enrolled |
- 32 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
- 33 - |
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 |
- 34 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
|
|
|
HB0049 Enrolled |
- 35 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
- 36 - |
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 |
|
|
|
HB0049 Enrolled |
- 37 - |
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 |
|
|
|
HB0049 Enrolled |
- 38 - |
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 |
|
|
|
HB0049 Enrolled |
- 39 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
- 40 - |
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 |
- 41 - |
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 |
- 42 - |
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.
|
|
|
|
HB0049 Enrolled |
- 44 - |
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 |
- 45 - |
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 |
|
|
|
HB0049 Enrolled |
- 46 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
- 47 - |
LRB095 03657 AMC 23683 b |
|
|
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.
|
|
|
|
HB0049 Enrolled |
- 48 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
- 49 - |
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 |
- 50 - |
LRB095 03657 AMC 23683 b |
|
|
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 |
- 51 - |
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 |
- 52 - |
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 |
- 53 - |
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 |
- 54 - |
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 |
- 55 - |
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 |
- 56 - |
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 |
|
|
|