40 ILCS 5/16-143
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 16 - Teachers' Retirement System Of The State Of Illinois

 (from Ch. 108 1/2, par. 16-143)Sec. 16-143.     Survivors' benefits - other conditions and limitations.     The benefits provided under Sections 16-141 and 16-142, shall be  subject to the following further conditions and limitations:(1) The period during which a member was in receipt of a disability or  occupational disability benefit shall be considered as creditable service  at the annual salary rate on which the member last made contributions.(2) All service prior to July 24, 1959, for which creditable service is  granted towards a retirement annuity shall be considered as creditable service.(3) No benefits shall be payable unless a member, or a disabled member,  returning to service, has made contributions to the system for at least one  month after July 24, 1959, except that an annuitant must have contributed to  the system for at least 1 year of creditable service after July 24, 1959.(4) Creditable service under the State Employees' Retirement System  of Illinois, the State Universities Retirement System and the Public  School Teachers' Pension and Retirement Fund of Chicago shall be  considered in determining whether the member has met the creditable  service requirement.(5) If an eligible beneficiary qualifies for a survivors' benefit  because of pension credits established by the participant or  annuitant in another system covered by Article 20, and the combined  survivors' benefits exceed the highest survivors' benefit payable by  either system based upon the combined pension credits,  the survivors' benefit payable by this system shall be reduced to that  amount which when added to the survivors' benefit payable by the other  system would equal this highest survivors' benefit. If the other system  has a similar provision for adjustment of the survivors' benefit,  the respective proportional survivors' benefits shall be reduced  proportionately according to the ratio which the amount of each  proportional survivors' benefit bears to the aggregate of all  proportional survivors' benefits. If a survivors' benefit is payable by  another system covered by Article 20, and the survivor elects to waive  the monthly survivors' benefit and accept a lump sum payment or death benefit  in lieu of the monthly survivors' benefit, this system shall, for the purpose  of adjusting the monthly survivors' benefit under this paragraph, assume that  the survivor had been entitled to a monthly survivors' benefit which, in  accordance with actuarial tables of this system, is the actuarial equivalent  of the amount of the lump sum payment or death benefit.(6) Remarriage of a surviving spouse prior to attainment of age 55  that occurs before the effective date of this amendatory Act of the 91st  General Assembly shall terminate his or her survivors' benefits.The change made to this item (6) by this amendatory Act of the 91st  General Assembly applies without regard to whether the deceased member or  annuitant was in service on or after the effective date of this amendatory  Act of the 91st General Assembly.(7) The benefits payable to an eligible child shall terminate when the  eligible child marries, dies, or attains age 18 (age 22 if a full-time  student); except that benefits payable to a dependent disabled eligible child  shall terminate only when the eligible child dies or ceases to be disabled.    (Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)