40 ILCS 5/17-121
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 17 - Public School Teachers' Pension And Retirement Fund--Cities Of Over 500,000 Inhabitants

 (from Ch. 108 1/2, par. 17-121)Sec. 17-121.     Survivor's pensions - Eligibility.(a) A surviving spouse of a teacher shall be entitled to a survivor's  pension only if the surviving spouse was married to the teacher for at least one year immediately prior to  the teacher's death.The changes made to this subsection (a) by this amendatory Act of the 92nd  General Assembly apply (i) only to the surviving spouse of a person who dies on  or after the effective date of this amendatory Act, and only if the amount of  any refund of contributions for survivor's pension is repaid with interest in  accordance with subsection (f), and (ii) notwithstanding Section 17-157 and  without regard to whether the deceased person was in service on or after the  effective date of this amendatory Act.(b) If the surviving spouse is under age 50 and there are no eligible  minor children born to or legally adopted by the contributor and his or her  surviving spouse, payment of the survivor's pension shall begin when the  surviving spouse attains age 50.(c) Beginning January 1, 2003, the remarriage of a surviving spouse at  any age does not terminate his or her survivor's pension.A surviving spouse whose survivor's pension (or expectation of a survivor's  pension upon attainment of age 50) was terminated before January 1, 2003 due  to remarriage and who applies for reinstatement of that pension and repays the  amount of any refund of contributions for survivor's pension with interest in  accordance with subsection (f) shall be entitled to have the survivor's pension  (or  expectation of a survivor's pension upon attainment of age 50) reinstated.  The reinstated pension shall begin to accrue on the first day of the month  following the month in which the application and repayment, if any, are  received by the Fund, but in no event sooner than January 1, 2003 and, if  subsection (b) applies, no sooner than upon attainment of age 50.  The  reinstated pension shall include any one-time or annual increases in the  survivor's pension received prior to the date of termination, but not any  increases that would otherwise have accrued from the date of termination to  the date of reinstatement.This subsection (c) applies notwithstanding Section 17-157 and without  regard to whether the deceased teacher was in service on or after the  effective date of this amendatory Act of the 92nd General Assembly.(d) Except as provided in subsection (c), remarriage of the surviving  spouse prior to September 1, 1983 while in receipt of a survivor's pension  shall permanently terminate payment thereof, regardless of any subsequent  change in marital status; however, beginning September 1, 1983, remarriage  of a surviving spouse after attainment of age 55 shall not terminate the  survivor's pension.A surviving spouse whose pension was terminated on or after September  1, 1983 due to remarriage after attainment of age 55, and who applies for  reinstatement of that pension before January 1, 1990, shall be entitled to  have the pension reinstated effective January 1, 1990.(e) A surviving spouse of a member or annuitant under this Fund who is  also a dependent beneficiary under the provisions of Section 16-140 is eligible  for a reciprocal survivor's pension, provided that any refund of survivor's  pension contributions is repaid to the Fund and application is made within 30  days after the effective date of this amendatory Act of the 92nd General  Assembly.(f) If a refund of contributions for survivor's pension has been paid, a  person choosing to establish or reestablish the right to receive a survivor's  pension pursuant to the changes made to this Section by this amendatory Act of  the 92nd General Assembly must first repay to the Fund the amount of the refund  of contributions for survivor's pension, together with interest thereon at the  rate of 5% per year, compounded annually, from the date of the refund to the  date of repayment.    (Source: P.A. 92-416, eff. 8-17-01; 92-599, eff. 6-28-02.)