40 ILCS 5/16-141
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 16 - Teachers' Retirement System Of The State Of Illinois

 (from Ch. 108 1/2, par. 16-141)Sec. 16-141.     Survivors' benefits - death in service.(a) Upon the death of a member in service occurring on or after  July 1, 1990, a beneficiary designated by the member shall be  entitled to receive, in a single sum, for each completed year of service  up to a maximum of 6 years, an amount equal to 1/6 of the member's  highest annual salary rate within the last 4 years of service.  If death occurs  prior to completion of the first year of service, the beneficiary shall be  entitled to receive, in a single sum,  an amount equal to 1/6 of the most  recent annual salary rate.  If no beneficiary is designated by the member or if  no designated beneficiary survives the member, the single sum benefit under  this paragraph shall be paid to the eligible dependent beneficiary or to the  trust established for such eligible dependent beneficiary, as determined under  paragraph (3) of Section 16-140, or, if there is no dependent beneficiary, to  the decedent's estate upon receipt of proper proof of death.(b) If the deceased member had at least 1.5 years of creditable service,  had rendered at least 60 days of creditable service within the 18 months  immediately preceding death and had not designated a non-dependent  beneficiary who survives, a dependent beneficiary may elect to receive,  instead of the benefit under subsection (a) of this Section, a single sum  payment of $1,000, divided by the number of such beneficiaries, together  with a survivor's benefit as specified under the following paragraphs:(1) A surviving spouse, if no eligible children     exist, shall receive a survivor's benefit of 30% of average salary, beginning at age 50 or upon the date of the member's death, whichever is later, except that if the member's death occurred before July 1, 1973 and the surviving spouse is less than age 55 on the effective date of this amendatory Act of 1997, the survivor's benefit shall begin on the effective date of this amendatory Act of 1997 or upon the surviving spouse's attainment of age 50, whichever occurs later.(2) A surviving spouse, regardless of age, who is     providing for the support of the deceased member's eligible child, shall receive a survivor's benefit of 30% of average salary, plus the sum of (A) 20% of average salary on account of each dependent child, and (B) 10% of average salary divided by the number of children entitled to this benefit.(3) Each eligible child, if there is no eligible     surviving spouse, shall receive upon the death of the member a survivor's benefit equal to the sum of: (A) 20% of average salary, and (B) 10% of average salary divided by the number of children entitled to this benefit.(4) A dependent parent shall receive upon attainment     of age 55 or the date of the member's death, whichever is later, a survivor's benefit of 30% of average salary, unless dependency is terminated by remarriage or otherwise.(c) No election under this Section may be made by a dependent  beneficiary if a non-dependent beneficiary designated by the member  survives such member.(d) Notwithstanding the other provisions of this Section, if the member is  in receipt of a benefit at the time of his or her death, a dependent  beneficiary shall receive a survivor benefit beginning the first of the  month following the death of the member.(e) In cases where the changes to this Section or Section 16-142 made  by Public Act 87-1265 increase the amount  of a single-sum death benefit that has already been paid by the System, the  System shall pay to the beneficiary the amount of the increase provided by this  amendatory Act.    (Source: P.A. 90-32, eff. 6-27-97.)