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(40 ILCS 5/16-142.3)
(from Ch. 108 1/2, par. 16-142.3)
(a) A person who would be
eligible to receive a monthly survivor benefit under this Article but for
the fact that the person has not yet attained age 50, and who has not elected
to receive a lump sum distribution under subsection (a) of Section 16-141,
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
member or annuitant died, or (iii) December 1 of the calendar year in which
the deceased member or annuitant would have attained age 72, whichever
occurs latest, and shall remain payable until the first of the following to
occur: (1) the person becomes eligible to receive a monthly survivor
benefit under this Article; (2) the day following the date on which the
member ceases to be eligible to receive a monthly survivor benefit upon
attainment of age 50, due to remarriage or death; or (3) the day on 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 the monthly survivor benefit under Sections 16-141, 16-142,
16-142.1 and 16-142.2, but excluding any
automatic annual increases, supplemental increases, or one-time increases
that may be provided by law for monthly survivor benefits.
(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.)