Public Act 095-0870
 		





HB5120 Enrolled
LRB095 16598 AMC 42629 b






    AN ACT concerning public employee benefits.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Illinois Pension Code is amended  by changing 
Section 16-140 as follows:
 



    (40 ILCS 5/16-140)  (from Ch. 108 1/2, par. 16-140)



    Sec. 16-140. Survivors' benefits - definitions. 

    (a) For the purpose of Sections 16-138 through 16-143.2, 
the following
terms shall have the following meanings, unless 
the context otherwise
requires:


        (1) "Average salary": the average salary for the 
    highest 4 consecutive
years within the last 10 years of 
    creditable service immediately preceding
date of death or 
    retirement, whichever is applicable, or the average salary

    for the total creditable service if service is less than 4 
    years.


        (2) "Member": any teacher included in the membership of 
    the system.
However, a teacher who becomes an annuitant of 
    the system or a teacher
whose services terminate after 20 
    years of service from any cause other
than retirement is 
    considered a member, subject to the
conditions and 
    limitations stated in this Article.


        (3) "Dependent beneficiary": (A) a surviving spouse of 
    a member or
annuitant who was married to the member or 
    annuitant for the 12 month
period immediately preceding and 
    on the date of death of such member or
annuitant, except 
    where a child is born of such marriage, in which case the

    qualifying period shall not be applicable;
(A-1) a 
    surviving spouse of a member or annuitant who (i) was 
    married to the
member or annuitant on the date of the 
    member or annuitant's death, (ii) was
married to the member 
    or annuitant for a period of at least 12 months (but not

    necessarily the 12 months immediately preceding the member 
    or annuitant's
death), and (iii) has not received a benefit 
    under subsection (a) of Section
16-141 or paragraph (1) of 
    Section 16-142; (B) an eligible child of a member
or 
    annuitant; and (C) a dependent parent.


        Unless otherwise designated by the member, eligibility 
    for benefits shall
be in the order named, except that a 
    dependent parent shall be eligible only if
there is no 
    other dependent beneficiary.  Any benefit to be received by 
    or paid
to a dependent beneficiary to be determined under 
    this paragraph as provided in
Sections 16-141 and 16-142 
    may be received by or paid to a trust established
for such 
    dependent beneficiary if such dependent beneficiary is 
    living at the
time such benefit would be received by or 
    paid to such trust.


        (4) "Eligible child": an unmarried natural or adopted 
    child of the member
or annuitant under age 18 (age 22 if a 
    full-time student).  An unmarried
natural or adopted child, 
    regardless of age, who is dependent by reason of a
physical 
    or mental disability, except any such child receiving 
    benefits under
Article III of the Illinois Public Aid Code, 
    is eligible for so long as such
physical or mental 
    disability continues.  An adopted child, however, is

    eligible only if the proceedings for adoption were 
    finalized while the child
was a minor.


        For purposes of this subsection, "disability" means an 
    inability to
engage in any substantial gainful activity by 
    reason of any medically
determinable physical or mental 
    impairment which can be expected to result
in death or 
    which has lasted or can be expected to last for a 
    continuous
period of not less than 12 months.


        The changes made to this Section
by Public Act 90-448, 
    relating to benefits
for certain
unmarried children who are 
    full-time students under age 22, apply without
regard to 
    whether the deceased member was in service on or after the 
    effective
date of that Act.  These changes do not
authorize 
    the
repayment of a refund or a re-election of benefits, and 
    any benefit or increase
in benefits resulting from these 
    changes is not payable retroactively for any
period before 
    the effective date of that Act.


        (5) "Dependent parent": a parent who was receiving at 
    least 1/2 of his
or her support from a member or annuitant 
    for the 12-month period
immediately preceding and on the 
    date of such member's or annuitant's
death, provided 
    however, that such dependent status terminates upon a

    member's acceptance of a refund for survivor benefit 
    contributions as
provided under Section 16-142.


        (6) "Non-dependent beneficiary": any person, 
    organization or other entity
designated by the member who 
    does not qualify as a dependent beneficiary.


        (7) "In service": the condition of a member being in 
    receipt of
salary as a teacher at any time within 12 months 
    immediately before his
or her death, being on leave of 
    absence for which the member, upon return
to teaching, 
    would be eligible to purchase service credit under 
    subsection
(b)(5) of Section 16-127, or being in receipt of 
    a disability or
occupational disability benefit.  This term 
    does not include any annuitant
or member who previously 
    accepted a refund of survivor benefit
contributions under 
    paragraph (1) of Section 16-142 unless the conditions

    specified in subsection (b) of Section 16-143.2 are met.

    (b) The change to this Section made by Public Act 90-511 
applies without
regard to whether the deceased member or 
annuitant was in service on or after
the effective date of that 
Act.

    The change to this Section made by this amendatory Act of 
the 91st General
Assembly applies without regard to whether the 
deceased member or annuitant was
in service on or after the 
effective date of this amendatory Act.

(Source: P.A. 90-448, eff. 8-16-97; 90-511, eff.
8-22-97; 
90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.