(40 ILCS 5/17-124) (from Ch. 108 1/2, par. 17-124)
Sec. 17-124.
Death Benefits - Death on pension.
On written application to the Board, there shall be paid to the
estate of a deceased teacher-pensioner pension payments, accrued,
temporarily withheld or represented by checks uncashed at the date of
his death and the excess, if any, of an amount equal to his refundable
contributions for service or disability retirement pension over pension
to the date of death; provided, that if there be filed with the Board
prior to the death of the pensioner his written direction, signed and
acknowledged before an officer authorized to take acknowledgments, that
such payments be paid to designated beneficiaries, they shall be so paid
on written application therefor to the Board. If none of several
named
beneficiaries survives the pensioner and no directive was furnished by
the member to cover this contingency, the deceased beneficiary's share
shall be paid to the estate of the pensioner.
If a reversionary pension is payable upon death of a pensioner, the
determination and payment of any refund of contributions payable under
this Section shall be made upon death of the reversionary pensioner. At
such time a refund of contributions less (1) the amount contributed for
annual increases in pension and (2) total pension payments to the
teacher-pensioner and survivor shall be paid in the manner provided in
this Section to the designated beneficiaries, or estate of the deceased
survivor.
If a pension is payable to a surviving spouse and/or minor children
upon death of a pensioner, the determination of any refund of
contributions payable under this Section shall be made upon death of the
survivor and marriage or attainment of age 18 of minor children. At that
time a refund of contributions for retirement and survivors' and
children's pensions less total pension payments to teacher-pensioner,
survivor and minor children shall be paid in the manner provided in this
Section to the designated beneficiaries, or estate of the deceased
survivor.
If eligible beneficiaries for survivors' or children's benefits
existed at the time of a pensioner's retirement but not on the date of
his death thereafter, the excess of total contributions for retirement
and survivors' and children's pensions over pensions paid shall be
determined upon death of the pensioner and paid in the manner provided
in this Section to the designated beneficiaries, or estate of the
deceased teacher-pensioner.
Reversionary or survivor's pension payments accrued, temporarily
withheld, or represented by uncashed checks to the date of death shall
be paid to the reversionary pensioner's or survivor's designated
beneficiaries, or estate in the manner provided in this Section.
On death of a retired teacher whose death occurs on
or after the effective date of this amendatory Act of 1991, there shall
be payable a lump sum
death benefit equal to 6 times the teacher's salary rate for his last
month of service or $10,000, whichever is less, upon death during the
first year on pension minus 1/5 of the death benefit, as defined herein,
for each year or fraction thereof on pension after the first full year,
to a minimum of $5,000.
Notwithstanding Section 17-157, the changes made in this Section and
Section 17-123 by this amendatory Act of 1991 shall apply to teachers dying
on or after the effective date of this amendatory Act of 1991 without
regard to whether service terminated prior to that date.
(Source: P.A. 90-566, eff. 1-2-98.)
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