40 ILCS 5/17-122
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. 17-122)Sec. 17-122.     Survivor's and children's pensions - Amount.     Upon the  death of a teacher who has completed at least 1 1/2 years of  contributing service with either this Fund or the State Universities  Retirement System or the Teachers' Retirement System of the State of  Illinois, provided his death occurred while (a) in active service  covered by the Fund or during his first 18 months of continuous  employment without a break in service under any other participating  system as defined in the Illinois Retirement Systems Reciprocal Act  except the State Universities Retirement System and the Teachers'  Retirement System of the State of Illinois, (b) on a creditable leave of  absence, (c) on a noncreditable leave of absence of no more than one  year, or (d) a pension was deferred or pending provided the teacher had  at least 10 years of validated service credit, or upon the death of a  pensioner otherwise qualified for such benefit, the surviving spouse and  unmarried minor children of the deceased teacher under age 18 shall be  entitled to pensions, under the conditions stated hereinafter.  Such  survivor's and children's pensions shall be based on the average of the  4 highest consecutive years of salary in the last 10 years of service or  on the average salary for total service, if total service has been less  than 4 years, according to the following percentages:30% of average salary or 50% of the retirement pension earned by the  teacher, whichever is larger, subject to the prescribed maximum monthly  payment, for a surviving spouse alone on attainment of age 50;60% of average salary for a surviving spouse and  eligible minor  children of the deceased teacher.If no eligible spouse survives, or the surviving spouse remarries, or  the parent of the children of the deceased member is otherwise  ineligible for a survivor's pension, a children's pension for eligible  minor children under age 18 shall be paid to their parent or legal  guardian for their benefit according to the following percentages:30% of average salary for one child;60% of average salary for 2 or more children.On January 1, 1981, any survivor or child who was receiving a survivor's  or children's pension on or before January 1, 1971, shall have his survivor's  or children's pension then being paid increased by 1% for each full year  which has elapsed from the date the pension began. On January 1, 1982,  any survivor or child whose pension began after January 1, 1971, but before  January 1, 1981, shall have his survivor's or children's pension then being  paid increased 1% for each full year which has elapsed from the date the  pension began. On January 1, 1987, any survivor or child whose pension began  on or before January 1, 1977, shall have the monthly survivor's or  children's pension increased by $1 for each full year which has elapsed  since the pension began.Beginning January 1, 1990, every survivor's and children's pension shall be  increased (1) on each January 1 occurring on or after the commencement of the  pension if the deceased teacher died while receiving a retirement pension, or  (2) in other cases, on each January 1 occurring on or after the first  anniversary of the commencement of the pension, by an amount equal to 3% of the  current amount of the pension, including all increases previously granted under  this Article, notwithstanding Section 17-157.  Such increases shall apply  without regard to whether the deceased teacher was in service on or after the  effective date of this amendatory Act of 1991, but shall not accrue for any  period prior to January 1, 1990.Subject to the minimum established below, the maximum amount of  pension for a surviving spouse alone or one  minor child shall be $400 per month, and the maximum combined pensions for  a surviving spouse and children of the deceased teacher shall be $600  per month, with individual pensions adjusted for all beneficiaries  pro rata to conform with this limitation.  If proration is unnecessary  the minimum survivor's and children's pensions shall be $40 per month.  The  minimum total survivor's and children's pension payable upon the death of a  contributor or annuitant which occurs after December 31, 1986, shall be 50% of  the earned retirement pension of such contributor or annuitant, calculated  without early retirement discount in the case of death in service.On death after retirement, the total survivor's and children's  pensions shall not exceed the monthly retirement or disability pension  paid to the deceased retirant.  Survivor's and children's benefits described  in this Section shall apply to all service and disability pensioners eligible  for a pension as of July 1, 1981.    (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)