Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/6-143

(40 ILCS 5/6-143)

(from Ch. 108 1/2, par. 6-143)

Sec. 6-143. Widow's remarriage.

(a) Beginning on the effective date of this amendatory Act of the
93rd General Assembly, a widow's annuity shall no longer be subject to
termination or suspension under this Section due to remarriage.  Any widow's
annuity that was previously terminated or suspended under this Section by
reason of remarriage shall, upon application, be resumed as of the date of the
application, but in no event sooner than the effective date of this amendatory
Act.  The resumption shall not be retroactive.  This subsection (a) applies
regardless of whether or not the deceased fireman was in service on or after
the effective date of this amendatory Act.

(b) This subsection (b) does not apply on or after the effective date of
this amendatory Act of the 93rd General Assembly.

Any annuity granted to a widow who remarries on or after December 31, 1989
shall be suspended when she remarries, unless (i) she remarries after attaining
the age of 60 regardless of whether or not the deceased fireman was in service
on or after the effective date of this amendatory Act of 1995 or (ii) she has
been granted a Section 6-140 annuity as the widow of a fireman killed in
performance of duty.  An annuity suspended under this Section shall, upon
application, be resumed if the subsequent marriage ends by dissolution of
marriage, declaration of invalidity of marriage, or the death of the husband;
this resumption shall not be retroactive.

If a widow remarries after attaining age 60 or after she has been granted
an annuity under Section 6-140 and the remarriage takes place after December
31, 1989, regardless of whether or not the deceased fireman was in service on
or after the effective date of this amendatory Act of 1995, the
widow's annuity shall continue without interruption.

Any widow's annuity that was previously terminated by reason of remarriage
prior to December 31, 1989 or suspended shall, upon application, be resumed,
as of the date of the application, if the subsequent marriage ended by
dissolution of marriage, declaration of invalidity of marriage, or the death of
the husband, regardless of whether or not the deceased fireman was in service
on the effective date of this amendatory Act of 1995; this resumption shall
not be retroactive.

When a widow dies, if she has not received, in the form of an annuity, an
amount equal to the accumulated employee contributions for widow's annuity, the
difference between such accumulated contributions and the sum received by her,
along with any part of the accumulated contributions for age and service
annuity remaining in the fund at her death, shall be refunded to the fireman's
children, in equal parts to each; except that if a child is less than age 18,
the part of any such amount that is required to pay an annuity to the child
shall be transferred to the child's annuity reserve.  If no children or
descendants thereof survive the fireman, the refund shall be paid to the estate
of the fireman.  In making refunds under this Section, no interest shall be
considered upon either the total of annuity payments made or the amounts
subject to refund.

(Source: P.A. 93-654, eff. 1-16-04.)