40 ILCS 5/8-150.1
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 8 - Municipal Employees', Officers', And Officials' Annuity And Benefit Fund--Cities Over 500,000 Inhabitants

          (from Ch. 108 1/2, par. 8-150.1)Sec. 8-150.1. Minimum annuities for widows. The widow (otherwise eligible for widow's annuity under other Sections of  this Article 8) of an employee hereinafter described, who retires from  service or dies while in the service subsequent to the effective date of  this amendatory provision, and for which widow the amount of widow's  annuity and widow's prior service annuity combined, fixed or provided for  such widow under other provisions of this Article is less than the amount  provided in this Section, shall, from and after the date her otherwise  provided annuity would begin, in lieu of such otherwise provided widow's  and widow's prior service annuity, be entitled to the following indicated  amount of annuity:(a) The widow of any employee who dies while in service on or after the  date on which he attains age 60 if the death occurs before July 1, 1990, or on  or after the date on which he attains age 55 if the death occurs on or after  July 1, 1990, with at least 20 years of service, or on or after the date on  which he attains age 50 if the death occurs on or after the effective date of  this amendatory Act of 1997 with at least 30 years of service, shall be  entitled to an annuity equal to one-half of the amount of annuity which her  deceased husband would have been entitled to receive had he withdrawn from the  service on the day immediately preceding the date of his death, conditional  upon such widow having attained the age of 60 or more years on such date if the  death occurs before July 1, 1990, or age 55 or more if the death occurs on or  after July 1, 1990, or age 50 or more if the death occurs on or after January  1, 1998 and the employee is age 50 or over with at least 30 years of service or  age 55 or over with at least 25 years of service.  Except as provided in subsection (k), this widow's annuity shall not, however,  exceed the sum of $500 a month if the employee's death in service occurs  before January 23, 1987.  The widow's annuity shall not be limited to a  maximum dollar amount if the employee's death in service occurs on or after  January 23, 1987.If the employee dies in service before July 1,  1990, and if such widow of such described employee shall not be 60 or  more years of age on such date of death, the amount provided in the immediately  preceding paragraph for a widow 60 or more years of age, shall, in the case  of such younger widow, be reduced by 0.25% for each month that  her then attained age is less than 60 years if the employee was born before  January 1, 1936 or dies in service on or after January 1, 1988, or by  0.5% for each month that her then attained age is  less than 60 years if the employee was born on or after July 1, 1936  and dies in service before January 1, 1988.If the employee dies in service on or after July 1, 1990, and if the widow of  the employee has not attained age 55 on or before the employee's date of death,  the amount otherwise provided in this subsection (a) shall be reduced by 0.25%  for each month that her then attained age is less than 55 years; except that  if the employee dies in service on or after January 1, 1998 at age 50 or over  with at least 30 years of service or at age 55 or over with at least 25 years  of service, there shall be no reduction due to the widow's age if she has  attained age 50 on or before the employee's date of death, and if the widow  has not attained age 50 on or before the employee's date of death the amount  otherwise provided in this subsection (a) shall be reduced by 0.25% for each  month that her then attained age is less than 50 years.(b) The widow of any employee who dies subsequent to the date of his  retirement on annuity, and who so retired on or after the date on which he  attained the age of 60 or more years if retirement occurs before July  1, 1990, or on or after the date on which he attained age 55 if retirement  occurs on or after July 1, 1990, with at least 20 years of service,  or on or after the date on which he attained age 50 if the retirement occurs  on or after the effective date of this amendatory Act of 1997 with at least 30  years of service, shall be entitled to an annuity equal to one-half of the  amount of annuity which her deceased husband received as of the date of his  retirement on annuity, conditional upon such widow having attained the age of  60 or more years on the date of her husband's retirement on annuity if  retirement occurs before July 1, 1990, or age 55 or more if retirement occurs  on or after July 1, 1990, or age 50 or more if the retirement on annuity  occurs on or after January 1, 1998 and the employee is age 50 or over with  at least 30 years of service or age 55 or over with at least 25 years of  service.  Except as provided in subsection (k), this widow's  annuity shall not, however, exceed the sum of $500 a month if the  employee's death occurs before January 23, 1987.  The widow's annuity  shall not be limited to a maximum dollar  amount if the employee's death occurs on or after  January 23, 1987, regardless of the date of retirement;  provided that, if retirement was before January 23, 1987, the employee or  eligible spouse repays the excess spouse refund with interest at the  effective rate from the date of refund to the date of repayment.If the date of the employee's retirement on annuity is before July  1, 1990, and if such widow of such described employee shall not have attained  such age of 60 or more years on such date of her husband's retirement on  annuity, the amount provided in the immediately preceding paragraph for a  widow 60 or more years of age on the date of her husband's retirement on  annuity, shall, in the case of such then younger widow, be reduced by 0.25%  for each month that her then attained age was less than 60  years if the employee was born before January 1, 1936 or withdraws from  service on or after January 1, 1988, or by 0.5% for each  month that her then attained age is less than 60 years if the employee was born  on or after January 1, 1936 and withdraws from service before January 1, 1988.If the date of the employee's retirement on annuity is on or after  July 1, 1990, and if the widow of the employee has not attained age 55  by the date of the employee's retirement on annuity, the amount  otherwise provided in this subsection (b) shall be reduced by 0.25% for  each month that her then attained age is less than 55 years; except that if  the employee retires on annuity on or after January 1, 1998 at age 50 or over  with at least 30 years of service or at age 55 or over with at least 25 years  of service, there shall be no reduction due to the widow's age if she has  attained age 50 on or before the employee's date of death, and if the widow  has not attained age 50 on or before the employee's date of death the amount  otherwise provided in this subsection (b) shall be reduced by 0.25% for each  month that her then attained age is less than 50 years.(c) The foregoing provisions relating to minimum annuities for widows  shall not apply to the widow of any former municipal employee receiving an  annuity from the fund on August 9, 1965 or on the effective date of this  amendatory provision, who re-enters service as a municipal employee, unless  such employee renders at least 3 years of additional service after the date  of re-entry.(d) In computing the amount of annuity which the husband specified in  the foregoing paragraphs (a) and (b) of this Section would have been  entitled to receive, or received, such amount shall be the annuity to which  such husband would have been, or was entitled, before reduction in the  amount of his annuity for the purposes of the voluntary optional  reversionary annuity provided for in Section 8-139 of this  Article, if such option was elected.(e) (Blank).(f) (Blank).(g) The amendatory provisions of this amendatory Act of 1985  relating to annuity discount because of age for widows of employees born  before January 1, 1936, shall apply only to qualifying  widows of employees withdrawing or dying in service on or after July 18, 1985.(h) Beginning on January 1, 1999, the minimum amount of widow's annuity  shall be  $800 per month for life for the following classes of widows,  without regard to the fact that the death of the employee occurred prior  to the effective date of this amendatory Act of 1998:(1) any widow annuitant alive and receiving a life     annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity;(2) any widow annuitant alive and receiving a term     annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity;(3) any widow annuitant alive and receiving a     reciprocal annuity on the effective date of this amendatory Act of 1998, whose employee spouse's service in this fund was at least 5 years;(4) the widow of an employee with at least 10 years     of service in this fund who dies after retirement, if the retirement occurred prior to the effective date of this amendatory Act of 1998;(5) the widow of an employee with at least 10 years     of service in this fund who dies after retirement, if withdrawal occurs on or after the effective date of this amendatory Act of 1998;(6) the widow of an employee who dies in service with     at least 5 years of service in this fund, if the death in service occurs on or after the effective date of this amendatory Act of 1998.The increases granted under items (1), (2), (3) and (4) of this  subsection (h) shall not be limited by any other Section of this Act.(i) The widow of an employee who retired or died in service on or  after January 1, 1985 and before July 1, 1990, at age 55 or older, and with  at least 35 years of service credit, shall be entitled to have her widow's  annuity increased, effective January 1, 1991, to an amount equal to 50% of  the retirement annuity that the deceased employee received on the date of  retirement, or would have been eligible to receive if he had retired on the  day preceding the date of his death in service, provided that if the widow  had not attained age 60 by the date of the employee's retirement or death  in service, the amount of the annuity shall be reduced by 0.25% for each  month that her then attained age was less than age 60 if the employee's  retirement or death in service occurred on or after January 1, 1988, or by  0.5%  for each month that her attained age is less than age 60 if the  employee's retirement or death in service occurred prior to January 1,  1988.  However, in cases where a refund of excess contributions for  widow's annuity has been paid by the Fund, the increase in benefit provided  by this subsection (i) shall be contingent upon repayment of the refund  to the Fund with interest at the effective rate from the date of refund to  the date of payment.(j) If a deceased employee is receiving a retirement annuity at the time  of death and that death occurs on or after June 27, 1997, the widow may elect to receive, in lieu of  any other annuity provided under this Article, 50% of the deceased employee's  retirement annuity at the time of death reduced by 0.25% for each month that  the widow's age on the date of death is less than 55; except that if the  employee dies on or after January 1, 1998 and withdrew from service on or  after June 27, 1997 at age 50 or over with at least 30 years of service  or at age 55 or over with at least 25 years of service, there shall be no  reduction due to the widow's age if she has attained age 50 on or before the  employee's date of death, and if the widow has not attained age 50 on or before  the employee's date of death the amount otherwise provided in this subsection  (j) shall be reduced by 0.25% for each month that her age on the date of death  is less than 50 years.  However, in cases where a refund of excess contributions for widow's annuity  has been paid by the Fund, the benefit provided by this subsection (j) is  contingent upon repayment of the refund to the Fund with interest at the  effective rate from the date of refund to the date of payment.(k) For widows of employees who died before January 23,  1987 after retirement on annuity or in service, the maximum dollar amount  limitation on widow's annuity shall cease to apply, beginning with the first  annuity payment after the effective date of this amendatory Act of 1997; except  that if a refund of excess contributions for widow's annuity has been paid by  the Fund, the increase resulting from this subsection (k) shall not begin  before the refund has been repaid to the Fund, together with interest at the  effective rate from the date of the refund to the date of repayment.(l) In lieu of any other annuity provided in this Article, an eligible  spouse of an employee who dies in service on or after January 1, 2002  (regardless of whether that death in service occurs prior to the effective  date of this amendatory Act of the 93rd General Assembly)        with  at least 10  years  of service shall be entitled to an annuity of 50% of the minimum formula  annuity earned and accrued to the credit of the employee at the date of death.  For the purposes of this subsection, the minimum formula annuity earned and  accrued to the credit of the employee is equal to 2.40% for each year of  service of the highest average annual salary for any 4 consecutive years within  the last 10 years of service immediately preceding the date of death, up to a  maximum of 80% of the highest average annual salary.  This annuity shall not be  reduced due to the age of the employee or spouse.  In addition to any other  eligibility requirements under this Article, the spouse is eligible for  this annuity only if the marriage was in effect for 10 full years or more.       (Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)