Illinois Compiled Statutes
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40 ILCS 5/17-122
(40 ILCS 5/17-122)
(from Ch. 108 1/2, par. 17-122)
Survivor's and children's pensions - Amount.
death of a teacher who has completed at least 1 1/2 years of
contributing service with either this Fund or the State Universities
Retirement System or the Teachers' Retirement System of the State of
Illinois, provided his death occurred while (a) in active service
covered by the Fund or during his first 18 months of continuous
employment without a break in service under any other participating
system as defined in the Illinois Retirement Systems Reciprocal Act
except the State Universities Retirement System and the Teachers'
Retirement System of the State of Illinois, (b) on a creditable leave of
absence, (c) on a noncreditable leave of absence of no more than one
year, or (d) a pension was deferred or pending provided the teacher had
at least 10 years of validated service credit, or upon the death of a
pensioner otherwise qualified for such benefit, the surviving spouse and
unmarried minor children of the deceased teacher under age 18 shall be
entitled to pensions, under the conditions stated hereinafter. Such
survivor's and children's pensions shall be based on the average of the
4 highest consecutive years of salary in the last 10 years of service or
on the average salary for total service, if total service has been less
than 4 years, according to the following percentages:
30% of average salary or 50% of the retirement pension earned by the
teacher, whichever is larger, subject to the prescribed maximum monthly
payment, for a surviving spouse alone on attainment of age 50;
60% of average salary for a surviving spouse and eligible minor
children of the deceased teacher.
If no eligible spouse survives, or the surviving spouse remarries, or
the parent of the children of the deceased member is otherwise
ineligible for a survivor's pension, a children's pension for eligible
minor children under age 18 shall be paid to their parent or legal
guardian for their benefit according to the following percentages:
30% of average salary for one child;
60% of average salary for 2 or more children.
On January 1, 1981, any survivor or child who was receiving a survivor's
or children's pension on or before January 1, 1971, shall have his survivor's
or children's pension then being paid increased by 1% for each full year
which has elapsed from the date the pension began. On January 1, 1982,
any survivor or child whose pension began after January 1, 1971, but before
January 1, 1981, shall have his survivor's or children's pension then being
paid increased 1% for each full year which has elapsed from the date the
pension began. On January 1, 1987, any survivor or child whose pension began
on or before January 1, 1977, shall have the monthly survivor's or
children's pension increased by $1 for each full year which has elapsed
since the pension began.
Beginning January 1, 1990, every survivor's and children's pension shall be
increased (1) on each January 1 occurring on or after the commencement of the
pension if the deceased teacher died while receiving a retirement pension, or
(2) in other cases, on each January 1 occurring on or after the first
anniversary of the commencement of the pension, by an amount equal to 3% of the
current amount of the pension, including all increases previously granted under
this Article, notwithstanding Section 17-157. Such increases shall apply
without regard to whether the deceased teacher was in service on or after the
effective date of this amendatory Act of 1991, but shall not accrue for any
period prior to January 1, 1990.
Subject to the minimum established below, the maximum amount of
pension for a surviving spouse alone or one
minor child shall be $400 per month, and the maximum combined pensions for
a surviving spouse and children of the deceased teacher shall be $600
per month, with individual pensions adjusted for all beneficiaries
pro rata to conform with this limitation. If proration is unnecessary
the minimum survivor's and children's pensions shall be $40 per month. The
minimum total survivor's and children's pension payable upon the death of a
contributor or annuitant which occurs after December 31, 1986, shall be 50% of
the earned retirement pension of such contributor or annuitant, calculated
without early retirement discount in the case of death in service.
On death after retirement, the total survivor's and children's
pensions shall not exceed the monthly retirement or disability pension
paid to the deceased retirant. Survivor's and children's benefits described
in this Section shall apply to all service and disability pensioners eligible
for a pension as of July 1, 1981.
(Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)