Illinois Compiled Statutes 40 ILCS 5 Illinois Pension Code. Section 12-136

    (40 ILCS 5/12-136) (from Ch. 108 1/2, par. 12-136)

    Sec. 12-136. Spouses not entitled to a surviving spouse's annuity. The following described spouses and former spouses of employees shall not have any right to a surviving spouse's annuity from the fund:

        (a) the spouse of an employee who withdraws or

    retires and who dies while out of service, if such spouse was not the spouse of the employee while in service;

        (b) the spouse of an employee who received a refund;

        (c) the spouse of an employee who dies after

    withdrawal if the employee withdrew before attainment of age 60 and has less than 10 years of service;

        (d) the spouse of an employee or annuitant who

    remarries after the death of the employee or annuitant, if the spouse is under age 55 at the time of the remarriage;

        (e) the former spouse of any employee, inactive

    member or annuitant, regardless of the date on which the marriage is dissolved.

    A spouse's annuity shall terminate upon remarriage while under age 55. Such termination shall be permanent and shall not be affected by any future change in marital status.

(Source: P.A. 86-272; 87-1265.)

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Last modified: February 18, 2015