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90_HB3075
40 ILCS 5/14-118 from Ch. 108 1/2, par. 14-118
40 ILCS 5/14-120 from Ch. 108 1/2, par. 14-120
Amends the State Employee Article of the Illinois Pension
Code. Provides that a person with at least 20 years of
service as a State policeman need not be married for one year
before withdrawal from service in order to qualify a
surviving spouse for a widow's or survivor's annuity.
Effective immediately.
LRB9009897EGbd
LRB9009897EGbd
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 14-118 and 14-120.
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 Sections 14-118 and 14-120 as follows:
7 (40 ILCS 5/14-118) (from Ch. 108 1/2, par. 14-118)
8 Sec. 14-118. Widow's annuity - Conditions for payment.
9 A widow who exercises the right of election to receive an
10 annuity pursuant to this Section is entitled to a lump sum
11 payment of $500 plus a widow's annuity, if:
12 (1) she was married to the deceased member for at
13 least one 1 year prior to his death or retirement,
14 whichever first occurs, and also on the day of the last
15 termination of his service as a State employee (except
16 that in the case of a member who dies on or after the
17 effective date of this amendatory Act of 1998, regardless
18 of the date of withdrawal, and has at least 20 years of
19 creditable service as a State policeman, the marriage
20 need only have been in effect for at least one year
21 immediately prior to the date of death);
22 (2) the deceased member had at least 8 years of
23 creditable service if death occurred while in service, or
24 while on leave of absence from service, or while in
25 receipt of a nonoccupational disability or occupational
26 disability benefit, or after retirement;
27 (3) she was nominated exclusively to receive the
28 entire death benefit payable under this Article;
29 (4) death of the member occurred after withdrawal,
30 and he had fulfilled the prescribed age and service
31 conditions for establishing a right in a retirement
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1 annuity; and
2 (5) she elected to receive the widow's annuity
3 within 6 months from the date of death of the employee,
4 otherwise the survivors annuity if applicable, shall be
5 payable.
6 If a widow's annuity beneficiary becomes entitled to a
7 survivors annuity and a widow's annuity, she shall elect to
8 receive only one of such annuities.
9 The surviving spouse of a person who (1) died on or after
10 January 1, 1985, (2) withdrew from service prior to August 1,
11 1953, (3) was receiving an annuity from the system at the
12 time of death, and (4) meets all other requirements of this
13 Section, shall be entitled to the benefits provided under
14 this Section.
15 A widow's annuity shall be payable beginning on the first
16 of the month following the date of death of the member if the
17 widow has then attained age 50 or, if she is under age 50 on
18 such date, on the first of the month following her attainment
19 of such age; provided, that if an unmarried child or children
20 of the member under age 18 (or under age 22 if a full-time
21 student) also survive him, and the child or children are
22 under the care of the eligible widow, the widow's annuity
23 shall begin on the first of the month following the member's
24 death without regard to the age of the widow. If she is
25 under age 50 at the death of the member and she qualifies for
26 a widow's annuity, she is entitled to receive the lump sum
27 payment immediately upon application, but payment of the
28 widow's annuity shall be deferred as provided above.
29 The provision for a widow's annuity shall not be
30 construed to affect the payment of a reversionary annuity.
31 If a widow qualifies for more than one widow's annuity, or
32 for a widow's annuity and a survivors annuity, she shall
33 elect to receive only one of such annuities.
34 This Section shall not apply to the widow of any male
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1 person who first became a member after July 19, 1961.
2 (Source: P.A. 90-448, eff. 8-16-97.)
3 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
4 Sec. 14-120. Survivors annuities - Conditions for
5 payments. A survivors annuity is established for all members
6 of the System. Upon the death of any male person who was a
7 member on July 19, 1961, however, his widow may have the
8 option of receiving the widow's annuity provided in this
9 Article, in lieu of the survivors annuity.
10 (a) A survivors annuity beneficiary, as herein defined,
11 is eligible for a survivors annuity if the deceased member
12 had completed at least 1 1/2 years of contributing creditable
13 service if death occurred:
14 (1) while in service;
15 (2) while on an approved or authorized leave of
16 absence from service, not exceeding one year
17 continuously; or
18 (3) while in receipt of a non-occupational
19 disability or an occupational disability benefit.
20 (b) If death of the member occurs after withdrawal, the
21 survivors annuity beneficiary is eligible for such annuity
22 only if the member had fulfilled at the date of withdrawal
23 the prescribed service conditions for establishing a right in
24 a retirement annuity.
25 (c) Payment of the survivors annuity shall begin
26 immediately if the beneficiary is 50 years or over, or upon
27 attainment of age 50 if the beneficiary is under that age at
28 the date of the member's death. In the case of survivors of a
29 member whose death occurred between November 1, 1970 and July
30 15, 1971, the payment of the survivors annuity shall begin
31 upon October 1, 1977, if the beneficiary is then 50 years of
32 age or older, or upon the attainment of age 50 if the
33 beneficiary is under that age on October 1, 1977.
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1 If an eligible child or children, under the care of the
2 spouse also survive the member, the survivors annuity shall
3 begin immediately without regard to whether the beneficiary
4 has attained age 50.
5 Benefits under this Section shall accrue and be payable
6 for whole calendar months, beginning on the first day of the
7 month after the initiating event occurs and ending on the
8 last day of the month in which the terminating event occurs.
9 (d) A survivor annuity beneficiary means:
10 (1) A spouse of a member or annuitant if the
11 current marriage with member was in effect at least one
12 year at the date of the member's death or at least one
13 year at the date of his or her withdrawal, whichever
14 first occurs (except that in the case of a member who
15 dies on or after the effective date of this amendatory
16 Act of 1998, regardless of the date of withdrawal, and
17 has at least 20 years of creditable service as a State
18 policeman, the requirement of marriage at least one year
19 before the date of withdrawal does not apply).
20 (2) An unmarried child under age 18 (under age 22
21 if a full-time student) of the member or annuitant; an
22 unmarried stepchild under age 18 (under age 22 if a
23 full-time student) who has been such for at least one
24 year at the date of the member's death or at least one
25 year at the date of withdrawal, whichever first occurs;
26 an unmarried adopted child under age 18 (under age 22 if
27 a full-time student) if the adoption proceedings were
28 initiated at least one year prior to the death or
29 withdrawal of the member or annuitant, whichever first
30 occurs; and an unmarried child over age 18 if he or she
31 is dependent by reason of a physical or mental
32 disability, so long as the physical or mental disability
33 continues. For purposes of this subsection, disability
34 means inability to engage in any substantial gainful
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1 activity by reason of any medically determinable physical
2 or mental impairment which can be expected to result in
3 death or which has lasted or can be expected to last for
4 a continuous period of not less than 12 months.
5 (3) A dependent parent of the member or annuitant;
6 a dependent step-parent by a marriage contracted before
7 the member or annuitant attained age 18; or a dependent
8 adopting parent by whom the member or annuitant was
9 adopted before he or she attained age 18.
10 (e) Remarriage before age 55 or death of a spouse;
11 marriage or death of a child; or remarriage before age 55 or
12 death of a parent terminates the survivors annuity payable on
13 account of such beneficiary. Remarriage of a prospective
14 beneficiary prior to the attainment of age 50 disqualifies
15 the beneficiary for the annuity expectancy hereunder.
16 Termination due to a marriage or remarriage shall be
17 permanent regardless of any future changes in marital status.
18 Any person whose survivors annuity was terminated during
19 1978 or 1979 due to remarriage at age 55 or over shall be
20 eligible to apply, not later than July 1, 1990, for a
21 resumption of that annuity, to begin on July 1, 1990.
22 (f) The term "dependent" relating to a survivors annuity
23 means a beneficiary of a survivors annuity who was receiving
24 from the member at the date of the member's death at least
25 1/2 of the support for maintenance including board, lodging,
26 medical care and like living costs.
27 (g) If there is no eligible spouse surviving the member,
28 or if a survivors annuity beneficiary includes a spouse who
29 dies or remarries, the annuity is payable to an unmarried
30 child or children. If at the date of death of the member
31 there is no spouse or unmarried child, payments shall be made
32 to a dependent parent or parents. If no eligible survivors
33 annuity beneficiary survives the member, the non-occupational
34 death benefit is payable in the manner provided in this
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1 Article.
2 (h) Survivor benefits do not affect any reversionary
3 annuity.
4 (i) If a survivors annuity beneficiary becomes entitled
5 to a widow's annuity or one or more survivors annuities or
6 both such annuities, the beneficiary shall elect to receive
7 only one of such annuities.
8 (j) Contributing creditable service under the State
9 Universities Retirement System and the Teachers Retirement
10 System of the State of Illinois shall be considered in
11 determining whether the member has met the contributing
12 service requirements of this Section.
13 (k) In lieu of the Survivor's Annuity described in this
14 Section, the spouse of the member has the option to select
15 the Nonoccupational Death Benefit described in this Article,
16 provided the spouse is the sole survivor and the sole
17 nominated beneficiary of the member.
18 (l) The changes made to this Section and Sections
19 14-118, 14-119, and 14-128 by this amendatory Act of 1997,
20 relating to benefits for certain unmarried children who are
21 full-time students under age 22, apply without regard to
22 whether the deceased member was in service on or after the
23 effective date of this amendatory Act of 1997. These changes
24 do not authorize the repayment of a refund or a re-election
25 of benefits, and any benefit or increase in benefits
26 resulting from these changes is not payable retroactively for
27 any period before the effective date of this amendatory Act
28 of 1997.
29 (Source: P.A. 90-448, eff. 8-16-97.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.