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90_HB0713
40 ILCS 5/16-140 from Ch. 108 1/2, par. 16-140
Amends the Downstate Teacher Article of the Pension Code.
Extends to January 1, 1998 the deadline for certain surviving
spouses who were married for at least 12 months, but not the
12 months immediately preceding the member's death, to apply
for benefits as a dependent beneficiary. Effective
immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 16-140.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 16-140 as follows:
7 (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
8 Sec. 16-140. Survivors' benefits - definitions.
9 (a) For the purpose of Sections 16-138 through 16-143.2,
10 the following terms shall have the following meanings, unless
11 the context otherwise requires:
12 (1) "Average salary": the average salary for the highest
13 4 consecutive years within the last 10 years of creditable
14 service immediately preceding date of death or retirement,
15 whichever is applicable, or the average salary for the total
16 creditable service if service is less than 4 years.
17 (2) "Member": any teacher included in the membership of
18 the system. However, a teacher who becomes an annuitant of
19 the system or a teacher whose services terminate after 20
20 years of service from any cause other than retirement is
21 considered a member, subject to the conditions and
22 limitations stated in this Article.
23 (3) "Dependent beneficiary": (A) a surviving spouse of a
24 member or annuitant who was married to the member or
25 annuitant for the 12 month period immediately preceding and
26 on the date of death of such member or annuitant, except
27 where a child is born of such marriage, in which case the
28 qualifying period shall not be applicable; (A-1) a surviving
29 spouse of a member or annuitant who (i) was married to the
30 member or annuitant on the date of the member or annuitant's
31 death, (ii) was married to the member or annuitant for a
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1 period of at least 12 months (but not necessarily the 12
2 months immediately preceding the member or annuitant's
3 death), (iii) first applied for a survivor's benefit before
4 January 1, 1998 1994, and (iv) has not received a benefit
5 under subsection (a) of Section 16-141 or paragraph (1) of
6 Section 16-142; (B) an eligible child of a member or
7 annuitant; and (C) a dependent parent.
8 Unless otherwise designated by the member, eligibility
9 for benefits shall be in the order named, except that a
10 dependent parent shall be eligible only if there is no other
11 dependent beneficiary. Any benefit to be received by or paid
12 to a dependent beneficiary to be determined under this
13 paragraph as provided in Sections 16-141 and 16-142 may be
14 received by or paid to a trust established for such dependent
15 beneficiary if such dependent beneficiary is living at the
16 time such benefit would be received by or paid to such trust.
17 (4) "Eligible child": an unmarried natural or adopted
18 child of the member or annuitant under age 18. An unmarried
19 natural or adopted child, regardless of age, who is dependent
20 by reason of a physical or mental disability, except any such
21 child receiving benefits under Article III of the Illinois
22 Public Aid Code, is eligible for so long as such physical or
23 mental disability continues. An adopted child, however, is
24 eligible only if the proceedings for adoption were finalized
25 while the child was a minor.
26 For purposes of this subsection, "disability" means an
27 inability to engage in any substantial gainful activity by
28 reason of any medically determinable physical or mental
29 impairment which can be expected to result in death or which
30 has lasted or can be expected to last for a continuous period
31 of not less than 12 months.
32 (5) "Dependent parent": a parent who was receiving at
33 least 1/2 of his or her support from a member or annuitant
34 for the 12-month period immediately preceding and on the date
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1 of such member's or annuitant's death, provided however, that
2 such dependent status terminates upon a member's acceptance
3 of a refund for survivor benefit contributions as provided
4 under Section 16-142.
5 (6) "Non-dependent beneficiary": any person,
6 organization or other entity designated by the member who
7 does not qualify as a dependent beneficiary.
8 (7) "In service": the condition of a member being in
9 receipt of salary as a teacher at any time within 12 months
10 immediately before his or her death, being on leave of
11 absence for which the member, upon return to teaching, would
12 be eligible to purchase service credit under subsection
13 (b)(5) of Section 16-127, or being in receipt of a disability
14 or occupational disability benefit. This term does not
15 include any annuitant or member who previously accepted a
16 refund of survivor benefit contributions under paragraph (1)
17 of Section 16-142 unless the conditions specified in
18 subsection (b) of Section 16-143.2 are met.
19 (b) The change to this Section made by this amendatory
20 Act of 1997 applies without regard to whether the deceased
21 member or annuitant was in service on or after the effective
22 date of this amendatory Act.
23 (Source: P.A. 89-430, eff. 12-15-95.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.