40 ILCS 5/2-121.1
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 2 - General Assembly Retirement System

 (from Ch. 108 1/2, par. 2-121.1)Sec. 2-121.1. Survivor's annuity - amount.(a) A surviving spouse shall be entitled to 66 2/3% of the amount of  retirement annuity to which the participant or annuitant was entitled on  the date of death, without regard to whether the participant had attained  age 55 prior to his or her death, subject to a minimum payment of 10% of  salary.  If a surviving spouse, regardless of age, has in his or her care  at the date of death any eligible child or children of the participant, the  survivor's annuity shall be the greater of the following: (1) 66 2/3% of  the amount of retirement annuity to which the participant or annuitant was  entitled on the date of death, or (2) 30% of the participant's salary  increased by 10% of salary on account of each such child, subject to a  total payment for the surviving spouse and children of 50% of salary.  If  eligible children survive but there is no surviving spouse, or if the  surviving spouse dies or becomes disqualified by  remarriage while eligible children survive, each  eligible child shall be entitled to an annuity of 20% of salary, subject  to a maximum total payment for all such children of 50% of salary.However, the survivor's annuity payable under this Section shall not be  less than 100% of the amount of retirement annuity to which the participant  or annuitant was entitled on the date of death, if he or she is survived by  a dependent disabled child.The salary to be used for determining these benefits shall be the  salary used for determining the amount of retirement annuity as provided  in Section 2-119.01.(b) Upon the death of a participant after the termination of service or  upon death of an annuitant, the maximum total payment to a surviving spouse  and eligible children, or to eligible children alone if there is no surviving  spouse, shall be 75% of the retirement annuity to which the participant  or annuitant was entitled, unless there is a dependent disabled child  among the survivors.(c) When a child ceases to be an eligible child, the annuity to that  child, or to the surviving spouse on account of that child, shall thereupon  cease, and the annuity payable to the surviving spouse or other eligible  children shall be recalculated if necessary.Upon the ineligibility of the last eligible child, the annuity shall  immediately revert to the amount payable upon death of a participant or  annuitant who leaves no eligible children.  If the surviving spouse is then  under age 50, the annuity as revised shall be deferred until the attainment  of age 50.(d) Beginning January 1, 1990, every survivor's annuity shall be increased  (1) on each January 1 occurring on or after the commencement of the annuity if  the deceased member died while receiving a retirement annuity, or (2) in  other cases, on each January 1 occurring on or after the first anniversary  of the commencement of the annuity, by an amount equal to 3% of the current  amount of the annuity, including any previous increases under this Article.  Such increases shall apply without regard to whether the deceased member  was in service on or after the effective date of this amendatory Act of  1991, but shall not accrue for any period prior to January 1, 1990.(d-5) Notwithstanding any other provision of this Article, the initial survivor's annuity of a survivor of a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall be in the amount of 66 2/3% of the amount of the retirement annuity to which the participant or annuitant was entitled on the date of death and shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if  the deceased member died while receiving a retirement annuity or (2) in  other cases, on each January 1 occurring on or after the first anniversary  of the commencement of the annuity, by an amount equal to 3% or the annual unadjusted percentage increase in the Consumer Price Index for All Urban Consumers as determined by the Public Pension Division of the Department of Insurance under subsection (a) of Section 2-108.1, whichever is less,  of the survivor's annuity then being paid.(e) Notwithstanding any other provision of this Article, beginning  January 1, 1990, the minimum survivor's annuity payable to any person who  is entitled to receive a survivor's annuity under this Article shall be  $300 per month, without regard to whether or not the deceased participant  was in service on the effective date of this amendatory Act of 1989.(f) In the case of a proportional survivor's annuity arising under  the Retirement Systems Reciprocal Act where the amount payable by the  System on January 1, 1993 is less than $300 per month, the amount payable  by the System shall be increased beginning on that date by a monthly amount  equal to $2 for each full year that has expired since the annuity began.  (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)