HB 49 — PENSION CODE-ADOPTED CHILDREN

HB0049 EngrossedEnrolled LRB095 03657 AMC 23683 b AN ACT concerning public employee benefits.

(a) A survivor’s annuity shall be payable to a surviving spouse or eligible child (1) upon the death in service of a HB0049 EngrossedEnrolled - 2 - LRB095 03657 AMC 23683 b 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.

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 HB0049 EngrossedEnrolled - 3 - LRB095 03657 AMC 23683 b annuitant’s death, without regard to the spouse’s age.

(e) Remarriage of a surviving spouse prior to attainment of HB0049 EngrossedEnrolled - 4 - LRB095 03657 AMC 23683 b 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.

If a firefighter who is not receiving a disability pension under Section 4-110 or 4-110.1 dies (1) as a result of any illness or accident, or (2) from any cause while in receipt of a disability pension under HB0049 EngrossedEnrolled - 5 - LRB095 03657 AMC 23683 b this Article, or (3) during retirement after 20 years service, or (4) while vested for or in receipt of a pension payable under subsection (b) of Section 4-109, or (5) while a deferred pensioner, having made all required contributions, a pension shall be paid to his or her survivors, based on the monthly salary attached to the firefighter’s rank on the last day of service in the fire department, as follows:

(2) Beginning July 1, 2004, unless the amount provided under paragraph (1) of this subsection (a) is greater, the total monthly pension payable under this paragraph (a), including any amount payable on account of children, to the surviving spouse of a firefighter who died (i) while receiving a retirement pension, (ii) while he or she was a deferred pensioner with at least 20 years of creditable service, or (iii) while he or she was in active service HB0049 EngrossedEnrolled - 6 - LRB095 03657 AMC 23683 b having at least 20 years of creditable service, regardless of age, shall be no less than 100% of the monthly retirement pension earned by the deceased firefighter at the time of death, regardless of whether death occurs before or after attainment of age 50, including any increases under Section 4-109.1.

remarriage on or after that date does not affect the surviving spouse’s pension, regardless of whether the deceased firefighter was in service on or after the effective date of HB0049 EngrossedEnrolled - 7 - LRB095 03657 AMC 23683 b this amendatory Act of 1993.

(d) The total pension provided under paragraphs (a), (b) and (c) of this Section shall not exceed 75% of the monthly salary of the deceased firefighter (1) when paid to the survivor of a firefighter who has attained 20 or more years of service credit and who receives or is eligible to receive a retirement pension under this Article, or (2) when paid to the survivor of a firefighter who dies as a result of illness or accident, or (3) when paid to the survivor of a firefighter who dies from any cause while in receipt of a disability pension under this Article, or (4) when paid to the survivor of a HB0049 EngrossedEnrolled - 8 - LRB095 03657 AMC 23683 b deferred pensioner.

In such case the pension shall be payable only from the date of the court’s order setting aside the judgment HB0049 EngrossedEnrolled - 9 - LRB095 03657 AMC 23683 b of dissolution of marriage.

HB0049 EngrossedEnrolled - 10 - LRB095 03657 AMC 23683 b (Source:

A HB0049 EngrossedEnrolled - 11 - LRB095 03657 AMC 23683 b child’s annuity shall be payable in the following cases of policemen who die on or after the effective date:

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 HB0049 EngrossedEnrolled - 12 - LRB095 03657 AMC 23683 b 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.

HB0049 EngrossedEnrolled - 13 - LRB095 03657 AMC 23683 b 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.

The HB0049 EngrossedEnrolled - 14 - LRB095 03657 AMC 23683 b requirement that the adoption take place at least 1 year prior to the fireman’s death does not apply where death occurs as a result of an act or acts of duty or as the result of any accident.

and in the case of the family of a fireman who dies on or after said date and whose death is the result of any cause or causes other than injury incurred in the performance of an act or acts of duty in which HB0049 EngrossedEnrolled - 15 - LRB095 03657 AMC 23683 b annuities for such family, computed at the rates hereinbefore stated would exceed 60% of the final annual salary of a first class fireman, the annuity of each child shall be reduced pro rata so that the combined annuities for the family do not exceed such limitation.

HB0049 EngrossedEnrolled - 16 - LRB095 03657 AMC 23683 b Whenever an active fireman is or becomes so injured or sick, as to require medical or hospital attention, the chief officer of the fire department of the city shall file, or cause to be filed, with the board a report of the nature and cause of his disability, together with the certificate or report of the physician attending or treating, or who attended or treated the fireman, and a copy of any hospital record concerning the disability.

Duty disability benefit shall be payable during the period of the disability until the fireman reaches the age of HB0049 EngrossedEnrolled - 17 - LRB095 03657 AMC 23683 b compulsory retirement.

HB0049 EngrossedEnrolled - 18 - LRB095 03657 AMC 23683 b The annuity shall be payable beginning on the date of the elected county officer’s death if the spouse is then age 50 or over, or beginning at age 50 if the age of the spouse is less than 50 years.

The salary to be used in the calculation of these HB0049 EngrossedEnrolled - 19 - LRB095 03657 AMC 23683 b benefits shall be the same as that prescribed for determining a retirement annuity as provided in Section 7-145.1.

6-27-97.) HB0049 EngrossedEnrolled - 20 - LRB095 03657 AMC 23683 b (40 ILCS 5/7-160) (from Ch.

6-28-02.) HB0049 EngrossedEnrolled - 21 - LRB095 03657 AMC 23683 b (40 ILCS 5/8-243.3) (from Ch.

The annuity to a spouse shall be 66 2/3% of the amount of retirement annuity earned by the elected city officer on the HB0049 EngrossedEnrolled - 22 - LRB095 03657 AMC 23683 b date of death, subject to a minimum payment of 10% of salary, provided that if an eligible spouse, regardless of age, has in his or her care at the date of death of the elected city officer any unmarried child or children of the city officer, under age 18, the minimum annuity shall be 30% of the elected officer’s salary, plus 10% of salary on account of each minor child of the elected city officer, subject to a combined total payment on account of a spouse and minor children not to exceed 50% of the deceased officer’s salary.

Adopted children shall have status as children of the elected city officer only if the proceedings for adoption were HB0049 EngrossedEnrolled - 23 - LRB095 03657 AMC 23683 b commenced at least one year prior to the date of the elected city officer’s death.

9-121.7) HB0049 EngrossedEnrolled - 24 - LRB095 03657 AMC 23683 b Sec.

The annuity to a spouse shall be 66 2/3% of the amount of retirement annuity earned by the elected county officer on the date of death, subject to a minimum payment of 10% of salary, provided that if an eligible spouse, regardless of age, has in HB0049 EngrossedEnrolled - 25 - LRB095 03657 AMC 23683 b his or her care at the date of death of the elected county officer any unmarried child or children of the county officer, under age 18, the minimum annuity shall be 30% of the elected officer’s salary, plus 10% of salary on account of each minor child of the elected county officer, subject to a combined total payment on account of a spouse and minor children not to exceed 50% of the deceased officer’s salary.

HB0049 EngrossedEnrolled - 26 - LRB095 03657 AMC 23683 b Marriage of a child or attainment of age 18, whichever first occurs, shall render the child ineligible for further consideration in the payment of an annuity to a spouse or in the increase in the amount thereof.

(2) upon death of an employee who withdraws from service after age 55 (or after age 50 with at least 30 years of service if withdrawal is on or after June 27, HB0049 EngrossedEnrolled - 27 - LRB095 03657 AMC 23683 b 1997) and who has entered upon or is eligible for annuity.

(c) after the employee withdraws from service subsequent to HB0049 EngrossedEnrolled - 28 - LRB095 03657 AMC 23683 b age 55 and entered upon or is eligible for annuity.

Eligibility for benefits to unmarried children over the age of 18 but under the age of 23 begins no earlier than the first day of the month following the month in which HB0049 EngrossedEnrolled - 29 - LRB095 03657 AMC 23683 b this amendatory Act of the 94th General Assembly takes effect.

The child’s annuity shall be $1,000 per month for one child and $500 per month for each additional child, up to a maximum of $2,500 for all children of the employee, when HB0049 EngrossedEnrolled - 30 - LRB095 03657 AMC 23683 b neither parent is alive.

Any Water Reclamation District commissioner elected by vote of the people and who has elected to participate in this Fund may transfer to this Fund credits and creditable service accumulated under any other pension fund or retirement system established under Articles 2 through 18 of this Code, upon payment to the Fund of (1) the amount by which the employer and employee contributions that would have been required if he had participated in this Fund during the period for which credit is being transferred, plus interest, exceeds the amounts actually transferred from such other fund or system HB0049 EngrossedEnrolled - 31 - LRB095 03657 AMC 23683 b to this Fund, plus (2) interest thereon at 6% per year compounded annually from the date of transfer to the date of payment.

Contributions for service before the option is elected may HB0049 EngrossedEnrolled - 32 - LRB095 03657 AMC 23683 b be made in a lump sum payment to the Fund or by contributing to the Fund on the same basis and under the same conditions as contributions required under Section 13-502.

To the extent such commissioner has made additional optional contributions with respect to only a portion of years of service credit, the retirement annuity will first be determined in accordance with this Section to the extent such additional optional contributions were made, and then in accordance with the remaining Sections of this Article HB0049 EngrossedEnrolled - 33 - LRB095 03657 AMC 23683 b to the extent of years of service credit with respect to which additional optional contributions were not made.

In lieu of the survivor’s benefits otherwise payable under this Article, the spouse or eligible child of any deceased commissioner who (1) HB0049 EngrossedEnrolled - 34 - LRB095 03657 AMC 23683 b had elected to participate in the Fund, and (2) was either making (or had already made) additional optional contributions on the date of death, or was receiving an annuity calculated under this Section at the time of death, may elect to receive an annuity beginning on the date of the commissioner’s death, provided that the spouse and commissioner must have been married on the date of the last termination of a service as commissioner and for a continuous period of at least one year immediately preceding death.

The annuity to a spouse shall be the greater of (i) 66 2/3% of the amount of retirement annuity earned by the commissioner on the date of death, subject to a minimum payment of 10% of salary, provided that if an eligible spouse, regardless of age, has in his or her care at the date of death of the commissioner any unmarried child or children of the commissioner under age 18, the minimum annuity shall be 30% of the commissioner’s salary, plus 10% of salary on account of each minor child of HB0049 EngrossedEnrolled - 35 - LRB095 03657 AMC 23683 b the commissioner, subject to a combined total payment on account of a spouse and minor children not to exceed 50% of the deceased commissioner’s salary or (ii) for the spouse of a commissioner whose death occurs on or after the effective date of this amendatory Act of the 94th General Assembly, the surviving spouse annuity shall be computed in the same manner as described in Section 13-306(a).

Adopted children shall have status as natural children of HB0049 EngrossedEnrolled - 36 - LRB095 03657 AMC 23683 b the commissioner only if the proceedings for adoption were commenced at least one year prior to the date of the commissioner’s death.

Internal HB0049 EngrossedEnrolled - 37 - LRB095 03657 AMC 23683 b Revenue Service.

The amount of retirement annuity from which the widow’s annuity is derived shall be that earned by the member without HB0049 EngrossedEnrolled - 38 - LRB095 03657 AMC 23683 b regard to whether he attained age 60 prior to his withdrawal under the conditions stated or prior to his death.

(e) Upon the death of a recipient of a widow’s annuity the HB0049 EngrossedEnrolled - 39 - LRB095 03657 AMC 23683 b excess, if any, of the member’s accumulated contributions plus credited interest over all annuity payments to the member and widow, exclusive of the $500 lump sum payment, shall be paid to the named beneficiary of the widow, or if none has been named, to the estate of the widow, provided no reversionary annuity is payable.

(g) Beginning January 1, 1990, every widow’s annuity shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if the deceased member died while receiving a retirement annuity, or (2) in other cases, on each January 1 occurring on or after the first anniversary of the commencement of the annuity, by an amount equal to 3% of the HB0049 EngrossedEnrolled - 40 - LRB095 03657 AMC 23683 b current amount of the annuity, including any previous increases under this Article.