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40 ILCS 5/5-152
(40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
Sec. 5-152. Child's annuity - Conditions - Amount. A child's
annuity shall be payable in the following cases of policemen who die
on or after the effective date: (a) A policeman whose death results
from injury incurred in the performance of an act or acts of duty;
(b) a policeman who dies in service from any cause; (c) a policeman
who withdraws upon or after attainment of age 50 and who enters upon
or is eligible for annuity; (d) a present employee with at least 20
years of service who dies after withdrawal, whether or not he has
entered upon annuity.
Only one annuity shall be granted and paid for the benefit of
any child if both parents have been policemen.
The annuity shall be paid, without regard to the fact that
the death of the deceased policeman parent may have occurred prior to
the effective date of this amendatory Act of 1975, in
an amount equal to 10% of the
annual maximum salary attached to the classified civil
service position of a first class patrolman
on July 1, 1975, or the date of the policeman's death, whichever is later,
for each child while a widow or widower of the
deceased policeman survives and in
an amount equal to 15% of the annual maximum
salary attached to the classified civil service position of a first
class patrolman on July 1, 1975, or the date of the policeman's death, whichever
is later, while no widow
or widower shall survive,
provided that if the combined annuities for the widow
and children of a policeman who dies on or after September 26, 1969,
as the result of an act of duty, or for the children of such
policeman in any case wherein a widow or widower does not exist,
exceed the salary that would ordinarily have been paid to him if
he had been in the active discharge of his duties, all such annuities shall be
reduced pro rata so that the combined annuities for the family shall
not exceed such limitation. The compensation portion of the annuity
of the widow shall not be considered in making such reduction.
No age limitation in this Section or Section 5-151 shall apply to a child who is so physically or mentally handicapped as to be unable to support himself or herself. Benefits payable under this Section shall not be reduced or
terminated by reason of any child's attainment of age 18 if he is then
dependent by reason of a physical or mental disability but shall continue
to be paid as long as such dependency continues. For the purposes of this
subsection, "disability" means inability to engage in any substantial
gainful activity by reason of any medically determinable physical or
mental impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less
than 12 months.
In the case of a family of a policeman who dies on or after
September 26, 1969, as the result of any cause other than the performance
of an act of duty, in which annuities for such family exceed an amount
equal to 60% of the salary that would ordinarily have been paid to
him if he had been in the active discharge of his duties, all such
annuities shall be reduced pro rata so that the combined annuities shall
not exceed such limitation.
Child's annuity shall be paid to the parent providing for
the child, unless another person is appointed by a court of law as
the child's guardian.
(Source: P.A. 95-279, eff. 1-1-08; 95-504, eff. 8-28-07; 95-876, eff. 8-21-08.)
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