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90_HB3289
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 who dies on or after the
effective date need not have been married for one year before
withdrawal from service in order for the surviving spouse to
qualify for a widow's or survivor's annuity. Effective
immediately.
LRB9011008EGfg
LRB9011008EGfg
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:
13 (i) in the case of a member who dies before
14 the effective date of this amendatory Act of 1998,
15 for at least one 1 year prior to his death or
16 retirement, whichever first occurs, and also on the
17 day of the last termination of his service as a
18 State employee; or
19 (ii) in the case of a member who dies on or
20 after the effective date of this amendatory Act of
21 1998, for at least one year immediately prior to the
22 date of death, regardless of the date of withdrawal;
23 (2) the deceased member had at least 8 years of
24 creditable service if death occurred while in service, or
25 while on leave of absence from service, or while in
26 receipt of a nonoccupational disability or occupational
27 disability benefit, or after retirement;
28 (3) she was nominated exclusively to receive the
29 entire death benefit payable under this Article;
30 (4) death of the member occurred after withdrawal,
31 and he had fulfilled the prescribed age and service
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1 conditions for establishing a right in a retirement
2 annuity; and
3 (5) she elected to receive the widow's annuity
4 within 6 months from the date of death of the employee,
5 otherwise the survivors annuity if applicable, shall be
6 payable.
7 If a widow's annuity beneficiary becomes entitled to a
8 survivors annuity and a widow's annuity, she shall elect to
9 receive only one of such annuities.
10 The surviving spouse of a person who (1) died on or after
11 January 1, 1985, (2) withdrew from service prior to August 1,
12 1953, (3) was receiving an annuity from the system at the
13 time of death, and (4) meets all other requirements of this
14 Section, shall be entitled to the benefits provided under
15 this Section.
16 A widow's annuity shall be payable beginning on the first
17 of the month following the date of death of the member if the
18 widow has then attained age 50 or, if she is under age 50 on
19 such date, on the first of the month following her attainment
20 of such age; provided, that if an unmarried child or children
21 of the member under age 18 (or under age 22 if a full-time
22 student) also survive him, and the child or children are
23 under the care of the eligible widow, the widow's annuity
24 shall begin on the first of the month following the member's
25 death without regard to the age of the widow. If she is
26 under age 50 at the death of the member and she qualifies for
27 a widow's annuity, she is entitled to receive the lump sum
28 payment immediately upon application, but payment of the
29 widow's annuity shall be deferred as provided above.
30 The provision for a widow's annuity shall not be
31 construed to affect the payment of a reversionary annuity.
32 If a widow qualifies for more than one widow's annuity, or
33 for a widow's annuity and a survivors annuity, she shall
34 elect to receive only one of such annuities.
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1 This Section shall not apply to the widow of any male
2 person who first became a member after July 19, 1961.
3 (Source: P.A. 90-448, eff. 8-16-97.)
4 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
5 Sec. 14-120. Survivors annuities - Conditions for
6 payments. A survivors annuity is established for all members
7 of the System. Upon the death of any male person who was a
8 member on July 19, 1961, however, his widow may have the
9 option of receiving the widow's annuity provided in this
10 Article, in lieu of the survivors annuity.
11 (a) A survivors annuity beneficiary, as herein defined,
12 is eligible for a survivors annuity if the deceased member
13 had completed at least 1 1/2 years of contributing creditable
14 service if death occurred:
15 (1) while in service;
16 (2) while on an approved or authorized leave of
17 absence from service, not exceeding one year
18 continuously; or
19 (3) while in receipt of a non-occupational
20 disability or an occupational disability benefit.
21 (b) If death of the member occurs after withdrawal, the
22 survivors annuity beneficiary is eligible for such annuity
23 only if the member had fulfilled at the date of withdrawal
24 the prescribed service conditions for establishing a right in
25 a retirement annuity.
26 (c) Payment of the survivors annuity shall begin
27 immediately if the beneficiary is 50 years or over, or upon
28 attainment of age 50 if the beneficiary is under that age at
29 the date of the member's death. In the case of survivors of a
30 member whose death occurred between November 1, 1970 and July
31 15, 1971, the payment of the survivors annuity shall begin
32 upon October 1, 1977, if the beneficiary is then 50 years of
33 age or older, or upon the attainment of age 50 if the
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1 beneficiary is under that age on October 1, 1977.
2 If an eligible child or children, under the care of the
3 spouse also survive the member, the survivors annuity shall
4 begin immediately without regard to whether the beneficiary
5 has attained age 50.
6 Benefits under this Section shall accrue and be payable
7 for whole calendar months, beginning on the first day of the
8 month after the initiating event occurs and ending on the
9 last day of the month in which the terminating event occurs.
10 (d) A survivor annuity beneficiary means:
11 (1) A spouse of a member or annuitant if:
12 (i) in the case of a member or annuitant who
13 dies before the effective date of this amendatory
14 Act of 1998, the current marriage with the member or
15 annuitant was in effect for at least one year at the
16 date of the member's death or at least one year at
17 the date of his or her withdrawal, whichever first
18 occurs; or
19 (ii) in the case of a member or annuitant who
20 dies on or after the effective date of this
21 amendatory Act of 1998, the current marriage with
22 the member or annuitant was in effect for at least
23 one year immediately prior to the date of death,
24 regardless of the date of withdrawal.
25 (2) An unmarried child under age 18 (under age 22
26 if a full-time student) of the member or annuitant; an
27 unmarried stepchild under age 18 (under age 22 if a
28 full-time student) who has been such for at least one
29 year at the date of the member's death or at least one
30 year at the date of withdrawal, whichever first occurs;
31 an unmarried adopted child under age 18 (under age 22 if
32 a full-time student) if the adoption proceedings were
33 initiated at least one year prior to the death or
34 withdrawal of the member or annuitant, whichever first
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1 occurs; and an unmarried child over age 18 if he or she
2 is dependent by reason of a physical or mental
3 disability, so long as the physical or mental disability
4 continues. For purposes of this subsection, disability
5 means inability to engage in any substantial gainful
6 activity by reason of any medically determinable physical
7 or mental impairment which can be expected to result in
8 death or which has lasted or can be expected to last for
9 a continuous period of not less than 12 months.
10 (3) A dependent parent of the member or annuitant;
11 a dependent step-parent by a marriage contracted before
12 the member or annuitant attained age 18; or a dependent
13 adopting parent by whom the member or annuitant was
14 adopted before he or she attained age 18.
15 (e) Remarriage before age 55 or death of a spouse;
16 marriage or death of a child; or remarriage before age 55 or
17 death of a parent terminates the survivors annuity payable on
18 account of such beneficiary. Remarriage of a prospective
19 beneficiary prior to the attainment of age 50 disqualifies
20 the beneficiary for the annuity expectancy hereunder.
21 Termination due to a marriage or remarriage shall be
22 permanent regardless of any future changes in marital status.
23 Any person whose survivors annuity was terminated during
24 1978 or 1979 due to remarriage at age 55 or over shall be
25 eligible to apply, not later than July 1, 1990, for a
26 resumption of that annuity, to begin on July 1, 1990.
27 (f) The term "dependent" relating to a survivors annuity
28 means a beneficiary of a survivors annuity who was receiving
29 from the member at the date of the member's death at least
30 1/2 of the support for maintenance including board, lodging,
31 medical care and like living costs.
32 (g) If there is no eligible spouse surviving the member,
33 or if a survivors annuity beneficiary includes a spouse who
34 dies or remarries, the annuity is payable to an unmarried
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1 child or children. If at the date of death of the member
2 there is no spouse or unmarried child, payments shall be made
3 to a dependent parent or parents. If no eligible survivors
4 annuity beneficiary survives the member, the non-occupational
5 death benefit is payable in the manner provided in this
6 Article.
7 (h) Survivor benefits do not affect any reversionary
8 annuity.
9 (i) If a survivors annuity beneficiary becomes entitled
10 to a widow's annuity or one or more survivors annuities or
11 both such annuities, the beneficiary shall elect to receive
12 only one of such annuities.
13 (j) Contributing creditable service under the State
14 Universities Retirement System and the Teachers Retirement
15 System of the State of Illinois shall be considered in
16 determining whether the member has met the contributing
17 service requirements of this Section.
18 (k) In lieu of the Survivor's Annuity described in this
19 Section, the spouse of the member has the option to select
20 the Nonoccupational Death Benefit described in this Article,
21 provided the spouse is the sole survivor and the sole
22 nominated beneficiary of the member.
23 (l) The changes made to this Section and Sections
24 14-118, 14-119, and 14-128 by this amendatory Act of 1997,
25 relating to benefits for certain unmarried children who are
26 full-time students under age 22, apply without regard to
27 whether the deceased member was in service on or after the
28 effective date of this amendatory Act of 1997. These changes
29 do not authorize the repayment of a refund or a re-election
30 of benefits, and any benefit or increase in benefits
31 resulting from these changes is not payable retroactively for
32 any period before the effective date of this amendatory Act
33 of 1997.
34 (Source: P.A. 90-448, eff. 8-16-97.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.