40 ILCS 5/2-121
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)Sec. 2-121. Survivor's annuity - conditions for payment.(a) A survivor's annuity shall be payable to a surviving spouse or  eligible child (1) upon the death in service of a participant with at least  2 years of service credit, or (2) upon the death of an annuitant in receipt  of a retirement annuity, or (3) upon the death of a participant who terminated  service with at least 4 years of service credit.The change in this subsection (a) made by this amendatory Act of 1995  applies to survivors of participants who die on or after December 1, 1994,  without regard to whether or not the participant was in service on or after  the effective date of this amendatory Act of 1995.(b) To be eligible for the survivor's annuity, the spouse and the  participant or annuitant must have been married for a continuous period of at  least one year immediately preceding the date of death, but need not have  been married on the day of the participant's last termination of service,  regardless of whether such termination occurred prior to the effective date  of this amendatory Act of 1985.(c) The annuity shall be payable beginning on the date of a  participant's death, or the first of the month following an annuitant's  death, if the spouse is then age 50 or over, or beginning at age 50 if the  spouse is then under age 50.  If an eligible child or children of the  participant or annuitant (or a child or children of the eligible spouse  meeting the criteria of item (1), (2), or (3) of subsection (d) of this  Section) also survive, and the child or children are under  the care of the eligible spouse, the annuity shall begin as of the date of  a participant's death, or the first of the month following an annuitant's  death, without regard to the spouse's age.The change to this subsection made by this amendatory Act of 1998  (relating to children of an eligible spouse) applies to the eligible spouse  of a participant or annuitant who dies on or after the effective date of this  amendatory Act, without regard to whether the participant or annuitant is in  service on or after that effective date.(c-5) Upon the death in service of a participant during the 90th General Assembly, the survivor's annuity shall be payable prior to age 50, notwithstanding subsection (c) of this Section, provided that the deceased participant had at least 6 years of service.  This subsection (c-5) applies to the eligible spouse of a deceased participant without regard to whether the deceased participant was in service on or after the effective date of this amendatory Act of the 96th General Assembly, and retroactive benefits may be paid for periods of eligibility after February 28, 2009.(d) For the purposes of this Section and Section 2-121.1, "eligible child"  means a child of the deceased participant or annuitant  who is at least one of the following:(1) unmarried and under the age of 18;(2) unmarried, a full-time student, and under the age     of 22;(3) dependent by reason of physical or mental     disability.The inclusion of unmarried students under age 22 in the calculation of  survivor's annuities by this amendatory Act of 1991 shall apply to all  eligible students beginning January 1, 1992, without regard to whether the  deceased participant or annuitant was in service on or after the effective  date of this amendatory Act of 1991.(e) Remarriage of a surviving spouse prior to attainment of age 55  shall disqualify the surviving spouse from the receipt of a survivor's  annuity, if the remarriage occurs before the effective date of this  amendatory Act of the 91st General Assembly.The changes made to this subsection by this amendatory Act of the 91st  General Assembly (pertaining to remarriage prior to age 55) apply without  regard to whether the deceased participant or annuitant was in service on or  after the effective date of this amendatory Act.  (Source: P.A. 95-279, eff. 1-1-08; 96-775, eff. 8-28-09.)