40 ILCS 5/15-145
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 15 - State Universities Retirement System

 (from Ch. 108 1/2, par. 15-145)Sec. 15-145. Survivors insurance benefits; conditions and amounts.(a) The survivors insurance benefits provided under this Section shall  be payable to the eligible survivors of a Tier 1 member covered under the  traditional benefit package upon the death of (1) a participating employee  with at least 1 1/2 years of service, (2) a participant who terminated  employment with at least 10 years of service, and (3) an annuitant in receipt  of a retirement annuity or disability retirement annuity under this Article.Service under the State Employees' Retirement System of Illinois, the  Teachers' Retirement System of the State of Illinois and the Public School  Teachers' Pension and Retirement Fund of Chicago shall be considered in  determining eligibility for survivors benefits under this Section.If by law, a function of a governmental unit, as defined by Section 20-107,  is transferred in whole or in part to an employer, and an employee transfers  employment from this governmental unit to such employer within 6 months after  the transfer of this function, the service credits in the governmental unit's  retirement system which have been validated under Section 20-109 shall be  considered in determining eligibility for survivors benefits under this  Section.(b) A surviving spouse of a deceased participant, or of a deceased  annuitant who did not take a refund or additional annuity consisting of  accumulated survivors insurance contributions or who repaid the refund or additional annuity, shall receive a survivors  annuity of 30% of the final rate of earnings.  Payments shall begin on the  day following the participant's or annuitant's death or the date the surviving  spouse attains age 50, whichever is later, and continue until the death of the  surviving spouse.  The annuity shall be payable to the surviving spouse prior  to attainment of age 50 if the surviving spouse has in his or her care a  deceased participant's or annuitant's dependent unmarried child under age 18  (under age 22 if a full-time student) who is eligible for a survivors annuity.Remarriage of a surviving spouse prior to attainment of age 55 that occurs  before the effective date of this amendatory Act of the 91st General Assembly  shall disqualify him or her for the receipt of a survivors annuity until July  6, 2000.A surviving spouse whose survivors annuity has been terminated due to  remarriage may apply for reinstatement of that  annuity.  The reinstated annuity shall begin to accrue on July 6, 2000, except  that if, on July 6, 2000, the annuity is payable to an eligible surviving  child or parent, payment of the annuity to the surviving spouse shall not be  reinstated until the annuity is no longer payable to any eligible surviving  child or parent.  The reinstated annuity shall include any one-time or annual  increases received prior to the date of termination, as well as any increases  that would otherwise have accrued from the date of termination to the date of  reinstatement.  An eligible surviving spouse whose expectation of receiving a survivors  annuity was lost due to remarriage before attainment of age 50 shall also be  entitled to reinstatement under this subsection, but the resulting survivors  annuity shall not begin to accrue sooner than upon the surviving spouse's  attainment of age 50.The changes made to this subsection by this amendatory Act of the 92nd  General Assembly (pertaining to remarriage prior to age 55 or 50) apply without  regard to whether the deceased participant or annuitant was in service on or  after the effective date of this amendatory Act.(c) Each dependent unmarried child under age 18 (under age 22 if a  full-time student) of a deceased participant, or of a deceased annuitant who  did not take a refund or additional annuity consisting of accumulated survivors  insurance contributions or who repaid the refund or additional annuity,  shall receive a survivors annuity equal to the sum of (1) 20% of the final rate  of earnings, and (2) 10% of the final rate of earnings divided by the number of  children entitled to this benefit.  Payments shall begin on the day following  the participant's or annuitant's death and continue until the child marries,  dies, or attains age 18 (age 22 if a full-time student).  If the child  is in the care of a surviving spouse who is eligible for survivors insurance  benefits, the child's benefit shall be paid to the surviving spouse.Each unmarried child over age 18 of a deceased participant or of a deceased  annuitant who had a survivor's insurance beneficiary at the time of his or her  retirement, and who was dependent upon the participant or annuitant by reason  of a physical or mental disability which began prior to the date the child  attained age 18, shall receive a survivor's  annuity equal to the  sum of (1) 20% of the final rate of earnings, and (2) 10% of the final rate  of earnings divided by the number of children entitled to survivors  benefits.  Payments shall begin on the day following the participant's or  annuitant's death and continue until the child marries, dies, or is no  longer disabled.  If the child is in the care of a surviving spouse who is  eligible for survivors insurance benefits, the child's benefit may be paid  to the surviving spouse.  For the purposes of this Section, disability  means inability to engage in any substantial gainful activity by reason of  any medically determinable physical or mental impairment that can be  expected to result in death or that has lasted or can be expected to last  for a continuous period of at least one year.(d) Each dependent parent of a deceased participant, or of a deceased  annuitant who did not take a refund or additional annuity consisting of  accumulated survivors insurance contributions or who repaid the refund or additional annuity, shall receive a survivors  annuity equal to the sum of (1) 20% of  final rate of earnings, and (2) 10% of final rate of earnings divided by the  number of parents who qualify for the benefit.  Payments shall begin when the  parent reaches age 55 or the day following the participant's or annuitant's  death, whichever is later, and continue until the parent dies.  Remarriage of  a parent prior to attainment of age 55 shall disqualify the parent for the  receipt of a survivors annuity.(e) In addition to the survivors annuity provided above, each  survivors insurance beneficiary shall, upon death of the participant or  annuitant, receive a lump sum payment of $1,000 divided by the number  of such beneficiaries.(f) The changes made in this Section by Public Act 81-712 pertaining  to survivors annuities in cases of remarriage prior to age 55  shall apply to each survivors insurance beneficiary who  remarries after June 30, 1979, regardless of the date that the  participant or annuitant terminated his employment or died.The change made to this Section by this amendatory Act of the 91st General  Assembly, pertaining to remarriage prior to age 55, applies without regard to  whether the deceased participant or annuitant was in service on or after the  effective date of this amendatory Act of the 91st General Assembly.(g) On January 1, 1981, any person who was receiving  a survivors annuity on or before January 1, 1971 shall have the  survivors annuity then being paid increased by 1% for each full year which  has elapsed from the date the annuity began. On January 1, 1982, any  survivor whose annuity began after January 1, 1971, but before January 1,  1981, shall have the survivor's annuity then being paid increased by 1% for  each year which has elapsed from the date the survivor's annuity began.  On January 1, 1987, any survivor who began receiving a survivor's annuity  on or before January 1, 1977, shall have the monthly survivor's annuity  increased by $1 for each full year which has elapsed since the date the  survivor's annuity began.(h) If the sum of the lump sum and total monthly survivor benefits  payable under this Section upon the death of a participant amounts to less  than the sum of the death benefits payable under items (2) and (3) of  Section 15-141, the difference shall be paid in a lump sum to the  beneficiary of the participant who is living on the date that this  additional amount becomes payable.(i) If the sum of the lump sum and total monthly survivor benefits payable  under this Section upon the death of an annuitant receiving a retirement  annuity or disability retirement annuity amounts to less than the death  benefit payable under Section 15-142, the difference shall be paid to the  beneficiary of the annuitant who is living on the date that this  additional amount becomes payable.(j) Effective on the later of (1) January 1, 1990, or (2) the  January 1 on or next after the date on which the survivor annuity begins,  if the deceased member died while receiving a retirement annuity, or in all  other cases the January 1 nearest the first  anniversary of the date the survivor annuity payments begin, every survivors  insurance beneficiary shall receive an increase in  his or her monthly survivors annuity of 3%.  On each January 1 after the  initial increase, the monthly survivors annuity shall be increased by 3% of  the total survivors annuity provided under this Article, including previous  increases provided by this subsection.  Such increases shall apply to the  survivors insurance beneficiaries of each participant and annuitant,  whether or not the employment status of the participant or annuitant  terminates before the effective date of this amendatory Act of 1990.  This  subsection (j) also applies to persons receiving a survivor annuity  under the portable benefit package.(k) If the Internal Revenue Code of 1986, as amended, requires that the  survivors benefits be payable at an age earlier than that specified in this  Section the benefits shall begin at the earlier age, in which event, the  survivor's beneficiary shall be entitled only to that amount which is equal  to the actuarial equivalent of the benefits provided by this Section.(l) The changes made to this Section and Section 15-131 by this amendatory  Act of 1997, 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 this amendatory Act  of 1997.  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 this amendatory Act of 1997.  (Source: P.A. 101-321, eff. 8-9-19.)