40 ILCS 5/5-153
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 5 - Policemen's Annuity And Benefit Fund--Cities Over 500,000

 (from Ch. 108 1/2, par. 5-153)Sec. 5-153. Death benefit.(a) Effective January 1, 1962, an ordinary death benefit is payable  on account of any policeman in service and in receipt of salary on or  after such date, which benefit is in addition to all other annuities and  benefits herein provided. This benefit is payable upon death of a  policeman:(1) occurring in active service while in receipt of     salary;(2) on an authorized and approved leave of absence,     without salary, beginning on or after January 1, 1962, if the death occurs within 60 days from the date the employee was in receipt of salary; or otherwise in the service and not separated by resignation or discharge beginning January 1, 1962 if death occurs before his resignation or discharge from the service;(3) receiving duty disability or ordinary disability     benefit;(4) occurring within 60 days from the date of     termination of duty disability or ordinary disability benefit payments if re-entry into service had not occurred; or(5) occurring on retirement and while in receipt of     an age and service annuity, Tier 2 monthly retirement annuity, or prior service annuity; provided (a) retirement on such annuity occurred on or after January 1, 1962, and (b) such separation from service was effective on or after the policeman's attainment of age 50, and (c) application for such annuity was made within 60 days after separation from service.(b) The ordinary death benefit is payable to such beneficiary or  beneficiaries as the policeman has nominated by written direction duly  signed and acknowledged before an officer authorized to take  acknowledgments, and filed with the board. If no such written direction  has been filed or if the designated beneficiaries do not survive the  policeman, payment of the benefit shall be made to his estate.(c) Until December 31, 1977, if death occurs prior to retirement on annuity  and before the  policeman's attainment of age 50, the amount of the benefit payable is  $6,000. If death occurs prior to retirement, at age 50 or over, the  benefit of $6,000 shall be reduced $400 for each year (commencing on the  policeman's attainment of age 50, and thereafter on each succeeding  birthdate) that the policeman's age, at date of death, is more than age  50, but in no event below the amount of $2,000. However, if death  results from injury incurred in the performance of an act or acts of  duty, prior to retirement on annuity, the amount of the benefit payable  is $6,000 notwithstanding the age attained.Until December 31, 1977, if the policeman's death occurs while he is in  receipt of an annuity,  the benefit is $2,000 if retirement was effective upon attainment of age  55 or greater. If the policeman retired at age 50 or over and before age  55, the benefit of $2,000 shall be reduced $100 for each year or  fraction of a year that the policeman's age at retirement was less than  age 55 to a minimum payment of $1,500.After December 31, 1977, and on or before January 1, 1986, if death  occurs prior to retirement on annuity  and before the policeman's attainment of age 50, the amount of the benefit  payable is $7,000.  If death occurs prior to retirement, at age 50 or over,  the benefit of $7,000 shall be reduced $400 for each year (commencing on  the policeman's attainment of age 50, and thereafter on each succeeding  birthdate) that the policeman's age, at date of death, is more than age  50, but in no event below the amount of $3,000.  However, if death results  from injury incurred in the performance of an act or acts of duty, prior  to retirement on annuity, the amount of the benefit payable is $7,000 notwithstanding  the age attained.After December 31, 1977, and on or before January 1, 1986, if the  policeman's death occurs while he is in  receipt of an annuity, the benefit is $2,250 if retirement was effective  upon attainment of age 55 or greater.  If the policeman retired at age 50  or over and before age 55, the benefit of $2,250 shall be reduced $100 for  each year or fraction of a year that the policeman's age at retirement was  less than age 55 to a minimum payment of $1,750.After January 1, 1986, if death occurs prior to retirement on annuity and  before the policeman's attainment of age 50, the amount of benefit payable  is $12,000.  If death occurs prior to retirement, at age 50 or over, the  benefit of $12,000 shall be reduced $400 for each year (commencing on the  policeman's attainment of age 50, and thereafter on each succeeding  birthdate) that the policeman's age, at date of death, is more than age 50,  but in no event below the amount of $6,000.  However, if death results from  injury in the performance of an act or acts of duty, prior to retirement on  annuity, the amount of benefit payable is $12,000 notwithstanding the age attained.After January 1, 1986, if the policeman's death occurs while he is in  receipt of an annuity, the benefit is $6,000.(d) For the purposes of this Section only, the death of any policeman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the policeman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any policeman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the policeman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a policeman contracted COVID-19 under this subsection, the date of contraction is either the date that the policeman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred  first. (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)