(40 ILCS 5/11-166) (from Ch. 108 1/2, par. 11-166)
Sec. 11-166.
Refunds - When paid to beneficiaries, children or estate.
Whenever the total amount accumulated to the account of a deceased
employee from employee contributions
for annuity purposes have not been
paid to him, and in the case of a married male employee to the employee
and his widow, both together, in form of annuity before the death of the
last of such persons, a refund shall be paid as follows:
An amount equal to the excess of such amounts, over the amount paid
on any annuity or annuities, or refund, without interest upon either of
such amounts, shall be refunded to a beneficiary theretofore designated
by the employee in writing, signed by him before an officer authorized
to administer oaths, and filed with the board before the employee's
death.
If there is no designated beneficiary or the beneficiary does not
survive the employee, the amount shall be refunded to the employee's
children, in equal parts, with the children of a deceased child taking
the share of their parent. If there is no designated beneficiary or
children, the refund shall be paid to the administrator or executor of
the employee's estate.
If an administrator or executor of the estate has not been appointed
within 90 days from the date the refund became payable, the refund may
be applied in the discretion of the board toward the payment of the
employee's burial expenses. Any remaining balance shall be paid to the
heirs of the employee according to the law of descent and distribution
of this State but assuming for the purpose of such payment of refund and
determination of heirs that the deceased male employee left no widow of
him surviving in those cases where a widow eligible for widow's annuity
as his widow survived him and subsequently dies; provided, that if any
child or children of the employee are less than age 18, such part or all
of any such amount necessary to pay annuities to them shall not be
refunded as hereinbefore stated but shall be transferred to the child's
annuity reserve and used therein for the payment of such annuities.
(Source: P.A. 81-1536.)
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