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91_HB1583eng HB1583 Engrossed LRB9101658EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Section 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 Section 14-120 as follows: 7 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120) 8 Sec. 14-120. Survivors annuities - Conditions for 9 payments. A survivors annuity is established for all members 10 of the System. Upon the death of any male person who was a 11 member on July 19, 1961, however, his widow may have the 12 option of receiving the widow's annuity provided in this 13 Article, in lieu of the survivors annuity. 14 (a) A survivors annuity beneficiary, as herein defined, 15 is eligible for a survivors annuity if the deceased member 16 had completed at least 1 1/2 years of contributing creditable 17 service if death occurred: 18 (1) while in service; 19 (2) while on an approved or authorized leave of 20 absence from service, not exceeding one year 21 continuously; or 22 (3) while in receipt of a non-occupational 23 disability or an occupational disability benefit. 24 (b) If death of the member occurs after withdrawal, the 25 survivors annuity beneficiary is eligible for such annuity 26 only if the member had fulfilled at the date of withdrawal 27 the prescribed service conditions for establishing a right in 28 a retirement annuity. 29 (c) Payment of the survivors annuity shall begin 30 immediately if the beneficiary is 50 years or over, or upon 31 attainment of age 50 if the beneficiary is under that age at HB1583 Engrossed -2- LRB9101658EGfg 1 the date of the member's death. In the case of survivors of a 2 member whose death occurred between November 1, 1970 and July 3 15, 1971, the payment of the survivors annuity shall begin 4 upon October 1, 1977, if the beneficiary is then 50 years of 5 age or older, or upon the attainment of age 50 if the 6 beneficiary is under that age on October 1, 1977. 7 If an eligible child or children, under the care of the 8 spouse also survive the member, the survivors annuity shall 9 begin immediately without regard to whether the beneficiary 10 has attained age 50. 11 Benefits under this Section shall accrue and be payable 12 for whole calendar months, beginning on the first day of the 13 month after the initiating event occurs and ending on the 14 last day of the month in which the terminating event occurs. 15 (d) A survivor annuity beneficiary means: 16 (1) A spouse of a member or annuitant if the 17 current marriage with the member or annuitant was in 18 effect for at least one year at the date of the member or 19 annuitant'smember'sdeath orat least one year at the20date of his or herwithdrawal, whichever first occurs. 21 (2) An unmarried child under age 18 (under age 22 22 if a full-time student) of the member or annuitant; an 23 unmarried stepchild under age 18 (under age 22 if a 24 full-time student) who has been such for at least one 25 year at the date of the member's death or at least one 26 year at the date of withdrawal, whichever first occurs; 27 an unmarried adopted child under age 18 (under age 22 if 28 a full-time student) if the adoption proceedings were 29 initiated at least one year prior to the death or 30 withdrawal of the member or annuitant, whichever first 31 occurs; and an unmarried child over age 18 if he or she 32 is dependent by reason of a physical or mental 33 disability, so long as the physical or mental disability 34 continues. For purposes of this subsection, disability HB1583 Engrossed -3- LRB9101658EGfg 1 means inability to engage in any substantial gainful 2 activity by reason of any medically determinable physical 3 or mental impairment which can be expected to result in 4 death or which has lasted or can be expected to last for 5 a continuous period of not less than 12 months. 6 (3) A dependent parent of the member or annuitant; 7 a dependent step-parent by a marriage contracted before 8 the member or annuitant attained age 18; or a dependent 9 adopting parent by whom the member or annuitant was 10 adopted before he or she attained age 18. 11 (e) Payment of a survivors annuity to a beneficiary 12 terminates upon: (1) remarriage before age 55 or death, if 13 the beneficiary isofa spouse; (2) marriage or death, if the 14 beneficiary isofa child; or (3) remarriage before age 55 or 15 death, if the beneficiary isofa parentterminates the16survivors annuity payable on account of such beneficiary. 17 Remarriage of a prospective beneficiary prior to the 18 attainment of age 50 disqualifies the beneficiary for the 19 annuity expectancy hereunder. Termination due toamarriage 20 or remarriage shall be permanent regardless of any future 21 changes in marital status. 22 Any person whose survivors annuity was terminated during 23 1978 or 1979 due to remarriage at age 55 or over shall be 24 eligible to apply, not later than July 1, 1990, for a 25 resumption of that annuity, to begin on July 1, 1990. 26 (f) The term "dependent" relating to a survivors annuity 27 means a beneficiary of a survivors annuity who was receiving 28 from the member at the date of the member's death at least 29 1/2 of the support for maintenance including board, lodging, 30 medical care and like living costs. 31 (g) If there is no eligible spouse surviving the member, 32 or if a survivors annuity beneficiary includes a spouse who 33 dies or remarries, the annuity is payable to an unmarried 34 child or children. If at the date of death of the member HB1583 Engrossed -4- LRB9101658EGfg 1 there is no spouse or unmarried child, payments shall be made 2 to a dependent parent or parents. If no eligible survivors 3 annuity beneficiary survives the member, the non-occupational 4 death benefit is payable in the manner provided in this 5 Article. 6 (h) Survivor benefits do not affect any reversionary 7 annuity. 8 (i) If a survivors annuity beneficiary becomes entitled 9 to a widow's annuity or one or more survivors annuities or 10 both such annuities, the beneficiary shall elect to receive 11 only one of such annuities. 12 (j) Contributing creditable service under the State 13 Universities Retirement System and the Teachers'Teachers14 Retirement System of the State of Illinois shall be 15 considered in determining whether the member has met the 16 contributing service requirements of this Section. 17 (k) In lieu of the Survivor's Annuity described in this 18 Section, the spouse of the member has the option to select 19 the Nonoccupational Death Benefit described in this Article, 20 provided the spouse is the sole survivor and the sole 21 nominated beneficiary of the member. 22 (l) The changes made to this Section and Sections 23 14-118, 14-119, and 14-128 by this amendatory Act of 1997, 24 relating to benefits for certain unmarried children who are 25 full-time students under age 22, apply without regard to 26 whether the deceased member was in service on or after the 27 effective date of this amendatory Act of 1997. These changes 28 do not authorize the repayment of a refund or a re-election 29 of benefits, and any benefit or increase in benefits 30 resulting from these changes is not payable retroactively for 31 any period before the effective date of this amendatory Act 32 of 1997. 33 (Source: P.A. 90-448, eff. 8-16-97; revised 2-24-98.) HB1583 Engrossed -5- LRB9101658EGfg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.