Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/8-151

(40 ILCS 5/8-151) (from Ch. 108 1/2, par. 8-151)

Sec. 8-151. Compensation annuity and supplemental annuity.

When annuity otherwise provided in this Article for the widow of an
employee whose death results solely from injury incurred in the performance
of an act of duty is less than 60% of his salary in effect at the time of
the injury, "Compensation Annuity" equal to the difference between such
annuity and 60% of such salary, shall be payable to her until the date when
the employee, if alive, would have attained age 65; and in any case where
the employee's death is only partly due to the duty incurred injury, the
"Compensation Annuity" shall be based on an amount equal to 40% of such
salary.

Thereafter, the widow shall be entitled to "Supplemental Annuity" equal
to the difference between the annuity otherwise provided in this Article
and the annuity to which she would be entitled if the employee had lived
and continued in the service at the salary in effect at the date of the
injury until he attained age 65, and based upon her age as it would be on
the date he would have attained 65.

"Compensation" or "Supplemental Annuity" shall not be payable unless the
widow was the wife of the employee when the injury was incurred.

The city shall contribute to the fund each year the amount required for
all compensation annuities payable during any such year. Supplemental
Annuity shall be provided from city contributions after the date of the
employee's death of such equal sums annually which when improved by
interest at the effective rate, will be sufficient, at the time payment of
Compensation Annuity to the widow ceases to provide Supplemental Annuity,
as stated, for the widow throughout her life thereafter.

Unless the performance of an act or acts of duty results solely in the death of the employee, the annuity provided in this Section shall not be paid.  For the purposes of this Section only, the death of any employee as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the employee shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any employee who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021; except that the presumption shall not apply if the employee was on a leave of absence from his or her employment or otherwise not required to report for duty at the physical work space generally assigned to the employee, including, but not limited to, working remotely, for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when an employee contracted COVID-19 under this paragraph, the date of contraction is either the date that the employee was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first.

(Source: P.A. 102-342, eff. 8-13-21.)