Illinois Compiled Statutes
40 ILCS 5/5-147 (2026)
Widow's marriage to terminate annuity
✓ current as of May 2026
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(40 ILCS 5/5-147)
(from Ch. 108 1/2, par. 5-147)
Sec. 5-147. Widow's marriage to terminate annuity. (a) Beginning on the effective date of this amendatory Act of the
95th General Assembly, a widow's annuity shall no longer be subject to
termination or suspension under this Section due to remarriage. Any widow's
annuity that was previously terminated or suspended under this Section by
reason of remarriage shall, upon application, be resumed as of the date of the
application, but in no event sooner than the effective date of this amendatory
Act. The resumption shall not be retroactive. This subsection (a) applies
regardless of whether or not the deceased policeman was in service on or after
the effective date of this amendatory Act of the 95th General Assembly.
(b) This subsection (b) does not apply on or after the effective date of
this amendatory Act of the 95th General Assembly.
Any annuity
granted to a widow shall be suspended when she remarries, unless she
remarries after attaining age 60 or the annuity was granted under Section
5-144 and the remarriage takes place after October 31, 1989.
Except as otherwise provided by this Section, if a widow remarries before reaching
age 60, annuity payment shall be suspended, but the widow's annuity
payments shall be resumed if the subsequent marriage ends either by dissolution of
marriage, declaration of invalidity of marriage or the death of the
husband. If a widow remarries after attaining age 60, or the annuity was
granted under Section 5-144 and the remarriage takes place after June 1,
1990, regardless of whether or not the deceased policeman was in service on
or after the effective date of this amendatory Act of 1991, the widow's
annuity shall continue without interruption.
If when a widow dies she
has not received, in form of annuity, an amount equal to the accumulated
employee contributions for widow's annuity,
the difference between such accumulated contributions and the sum
received by her, along with any part of the accumulated contributions
for age and service annuity remaining in the fund at her death shall be
refunded to the policemen's children, in equal parts to each; provided,
if any child is less than age 18, such part of any such amount required
to pay annuities to such children shall be transferred to the child's
annuity reserve. If no children or descendants thereof survive the
policeman, such refund shall be paid to the estate of the policeman. In
making refunds under this Section, no interest shall be considered upon
either the total of annuity payments made or the amounts subject to
refund.
(Source: P.A. 95-504, eff. 8-28-07.)
Notes of Decisions
Cited in 2
cases, 2010–2010 · leading case: Kaczka v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 923 N.E.2d 1282 (Ill. App. Ct. 2010).
Kaczka v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 923 N.E.2d 1282 (Ill. App. Ct. 2010). “On appeal, plaintiff contends that: (1) his widower's benefits were subject to mandatory reinstatement pursuant to section 5-147 of the Pension Code (40 ILCS 5/5-147 (West Supp.2007)); (2) the Board's 1992 decision awarding him a widower's annuity was a final administrative…”
Kaczka v. Ret. Bd. of the Policemen's Annuity & Benefit Fund (Ill. App. Ct. 2010). “On appeal, plaintiff contends that: (1) his widower’s benefits were subject to mandatory reinstatement pursuant to section 5-147 of the Pension Code (40 ILCS 5/5-147 (West Supp. 2007)); (2) the Board’s 1992 decision awarding him a widower’s annuity was a final administrative…”
— 40 ILCS 5/5-147(a) — 2 cases
Kaczka v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 923 N.E.2d 1282 (Ill. App. Ct. 2010). “On appeal, plaintiff contends that: (1) his widower's benefits were subject to mandatory reinstatement pursuant to section 5-147 of the Pension Code (40 ILCS 5/5-147 (West Supp.2007)); (2) the Board's 1992 decision awarding him a widower's annuity was a final administrative…”
Kaczka v. Ret. Bd. of the Policemen's Annuity & Benefit Fund (Ill. App. Ct. 2010). “On appeal, plaintiff contends that: (1) his widower’s benefits were subject to mandatory reinstatement pursuant to section 5-147 of the Pension Code (40 ILCS 5/5-147 (West Supp. 2007)); (2) the Board’s 1992 decision awarding him a widower’s annuity was a final administrative…”
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