Board Resolution 1969-7332

Meeting room

Topic: Death Benefits
Subtopic: Eligibility
Date: 7/22/2005
Status: Active

WHEREAS, Section 7-164, Illinois Pension Code, provides for a different benefit payable upon the death of an employee while in an employment relationship from that of an employee after his separation from service; and

WHEREAS, it is desirable for the Board to adopt rules and regulations applicable to the definition of employment relationship for the direction of the Executive Director and staff;

NOW, THEREFORE, BE IT RESOLVED that the following rules and regulations shall be adopted under Section 7-164 of the Illinois Pension Code:

  1. An employee, who on date of death is on an authorized leave of absence as defined in Section 7-139(a)4 of the Illinois Pension Code, shall be considered to be in an employment relationship.
  2. Even though no leave of absence service credit authorization is filed with the Fund prior to the death of an employee, he shall be considered to be in an employment relationship at date of death provided:

    a. The employee leaves work because of injury or ill health. b. The employer does not terminate the service of the employee and, even though no leave of absence credit authorization is filed, places him on leave of absence or intends him to be on leave of absence as of the date he leaves the service of the employer and continues him in this status until his death. c. The employee files no application for disability benefits and is not entitled to receive a disability benefit or files an application for disability benefits, which is denied. d. The employer states after the death of the employee that the failure to file the leave of absence service credit authorization resulted from inadvertence by the employer and it specifically requests the right to file such authorization after the date of death. e. The employee does not file an application for an annuity. f. The employee dies within one year after his last day of work for the employer from the same illness or injury as caused the employee to leave work.