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(40 ILCS 5/14-121.1)
(from Ch. 108 1/2, par. 14-121.1)
(a) A person who would be
eligible to receive a widow's or survivor's annuity under this Article but
for the fact that the person has not yet attained age 50, shall be eligible
for a monthly distribution under this subsection (a), provided that the
payment of such distribution is required by federal law.
The distribution shall become payable on (i) July 1, 1987, (ii) December
1 of the calendar year immediately following the calendar year in which the
deceased spouse died, or (iii) December 1 of the calendar year in which the
deceased spouse would have attained age 72, whichever occurs last, and
shall remain payable until the first of the following to occur: (1) the
person becomes eligible to receive a widow's or survivor's annuity under
this Article; (2) the end of the month in which the person
ceases to be eligible to receive a widow's or survivor's annuity upon
attainment of age 50, due to remarriage or death; or (3) the end of the
month in which such distribution ceases to be required by federal law.
The amount of the distribution shall be fixed at the time the
distribution first becomes payable, and shall be calculated in the same
manner as a survivor's annuity under Sections 14-120, 14-121 and 14-122
(or, in the case of a person who has elected to receive a widow's annuity
instead of a survivor's annuity, in the same manner as the widow's annuity
under Sections 14-118 and 14-119), but excluding: (A) any requirement for
an application for the distribution; (B) any automatic annual increases,
supplemental increases, or one-time increases that may be provided by law
for survivor's or widow's annuities; and (C) any lump-sum or death benefit.
(b) For the purpose of this Section, a distribution shall be deemed to be
required by federal law if: (1) directly mandated by federal statute, rule,
or administrative or court decision; or (2) indirectly mandated through
imposition of substantial tax or other penalties for noncompliance.
(c) Notwithstanding Section 1-103.1 of this Code, a member need not be
in service on or after the effective date of this amendatory Act of 1989
for the member's surviving spouse to be eligible for a
distribution under this Section.
(Source: P.A. 102-210, eff. 7-30-21.)