40 ILCS 5/5-152
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. 5-152)Sec. 5-152. Child's annuity - Conditions - Amount. A child's  annuity shall be payable in the following cases of policemen who die  on or after the effective date:  (a)  A policeman whose death results  from injury incurred in the performance of an act or acts of duty;  (b) a policeman who dies in service from any cause; (c) a policeman  who withdraws upon or after attainment of age 50 and who enters upon  or is eligible for annuity; (d) a present employee with at least 20  years of service who dies after withdrawal, whether or not he has  entered upon annuity.Only one annuity shall be granted and paid for the benefit of  any child if both parents have been policemen.The annuity shall be paid, without regard to the fact that  the death of the deceased policeman parent may have occurred prior to  the effective date of this amendatory Act of 1975, in  an amount equal to 10% of the  annual maximum salary attached to the classified civil  service position of a first class patrolman  on July 1, 1975, or the date of the policeman's death, whichever is later,  for each child while a widow or widower of the  deceased policeman survives and in  an amount equal to 15% of the annual maximum  salary attached to the classified civil service position of a first  class patrolman on July 1, 1975, or the date of the policeman's death, whichever  is later, while no widow  or widower shall survive,  provided that if the combined annuities for the widow  and children of a policeman who dies on or after September 26, 1969,  as the result of an act of duty, or for the children of such  policeman in any case wherein a widow or widower does not exist,  exceed the salary that would ordinarily have been paid to him if  he had been in the active discharge of his duties, all such annuities shall be  reduced pro rata so that  the combined annuities for the family shall  not exceed such limitation.  The compensation portion of the annuity  of the widow shall not be considered in making such reduction.  No age limitation in this Section or Section 5-151 shall apply to a child who is so physically or mentally handicapped as to be unable to support himself or herself. Benefits payable under this Section shall not be reduced or  terminated by reason of any child's attainment of age 18 if he is then  dependent by reason of a physical or mental disability but shall continue  to be paid as long as such dependency continues.  For the purposes of this  subsection, "disability" means inability to engage in any substantial  gainful activity by reason of any medically determinable physical or  mental impairment which can be expected to result in death or which has  lasted or can be expected to last for a continuous period of not less  than 12 months.In the case of a family of a policeman who dies on or after  September 26, 1969, as the result of any cause other than the performance  of an act of duty, in which annuities for such family exceed an amount  equal to 60% of the salary that would ordinarily have been paid to  him if he had been in the active discharge of his duties, all such  annuities shall be reduced pro rata so that the combined annuities shall  not exceed such limitation.Child's annuity shall be paid to the parent providing for  the child, unless another person is appointed by a court of law as  the child's guardian.  (Source: P.A. 95-279, eff. 1-1-08; 95-504, eff. 8-28-07; 95-876, eff. 8-21-08.)