ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/1-104.2 (2026)

Beginning January 1, 1986, children not conceived in lawful wedlock shall be entitled to the same benefits as other children, and no child's or survivor's benefit shall be disallowed because of the fact that the child was born out of wedlock; however, in cases where the father is the employee parent, paternity must first be established

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(40 ILCS 5/1-104.2) (from Ch. 108 1/2, par. 1-104.2)
    Sec. 1-104.2. Beginning January 1, 1986, children not conceived in lawful wedlock shall be entitled to the same benefits as other children, and no child's or survivor's benefit shall be disallowed because of the fact that the child was born out of wedlock; however, in cases where the father is the employee parent, paternity must first be established. Paternity may be established by any one of the following means: (1) acknowledgment by the father, or (2) adjudication before or after the death of the father, or (3) any other means acceptable to the board of trustees of the pension fund or retirement system.
(Source: P.A. 94-229, eff. 1-1-06.)

    
Notes of Decisions
Cited in 6 cases, 2014–2017 · leading case: Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016).
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Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). · cites it 2× “18, 1985) (codified at 40 ILCS 5/1-104.2 (West 2012))). Further, Illinois also recognizes the rights of unmarried couples (and individuals) to adopt children.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). · cites it 2× “18, 1985) (codified at 40 ILCS 5/1-104.2 (West 2012))). Further, Illinois also recognizes the rights of unmarried couples (and individuals) to adopt children.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2014). “12, 1978))) and a similar amendment to the Illinois Pension Code indicates that children born to unmarried parents are entitled to the same survivor's benefits as other children (see 40 ILCS 5/1-104.2 (West 2012) (created in 1985 by Public Act 84-1028, § 1 (eff.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2015). “12, 1978))) and a similar amendment to the Illinois Pension Code indicates that children born to unmarried parents are entitled to the same survivor’s benefits as other children (see 40 ILCS 5/1-104.2 (West 2012) (created in 1985 by Public Act 84-1028, § 1 (eff.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). · cites it 2× “18, 1985) (codified at 40 ILCS 5/1-104.2 (West 2012))). Further, Illinois also recognizes the rights of unmarried couples (and individuals) to adopt children.”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). · cites it 2× “18, 1985) (codified at 40 ILCS 5/1-104.2 (West 2012))). Further, Illinois also recognizes the rights of unmarried couples (and individuals) to adopt children.”
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