Survivor Benefits

Eligibility Requirements

Eligibility for surviving spouse annuities require that the spouse be married to the Active/Retired participant at the date of his/her death.

In accordance with Illinois law, civil union partners are eligible for the same benefits as spouses of participants.

Marriage on Disability or Retirement

Beginning January 16, 2004, a spouse who married a participant while he/she was in receipt of disability benefits may be eligible for a survivor’s annuity provided, they were married for at least one year prior to the participant’s death.

Beginning January 16, 2004, the spouse of a participant who received a refund of contributions for survivor’s annuity at the time of his/her retirement is not eligible for survivors’ benefits unless the refund is repaid to the Fund, with interest at a rate of 4% per year compounded annually, from the date of the refund to the date of repayment. The marriage must exist for at least one year prior to the participant’s death for a spouse to become eligible for benefits. Benefits commence upon death of the participant and receipt of the repayment.

Surviving Spouses Annuities

Widows of Members with at Least 1 ½ Years of Service but Less Than 10 Years of Service

An eligible widow of a Tier 1 active participant that dies with at least 1 ½ years of service and less than 10 years of service is entitled to receive the greater of 1) 30% of the salary attached to the rank of first -class firefighter (minimum of step 6) at the time of the participant’s death but does not exceed the final step of the first-class firefighter pay, 2) 50% of the retirement annuity the deceased participant would have been eligible to receive if he had retired from service on the day before his death, or 3) the minimum widow’s annuity allowed by the Statute. These annuities cease upon the widow’s death.

Widows of Members with at Least 10 Years of Service

An eligible widow of a Tier 1 active participant that dies with at least 10 years of service is entitled to receive the greater of 1) 30% of the salary attached to the rank of first-class firefighter (minimum of step 6) at the time of the participant’s death but does not exceed the final step of the first - class firefighter pay, 2) 50% of the retirement annuity the deceased participant would have been eligible to receive if he had retired from service on the day before his death and qualified for the minimum formula annuity (age 50 with at least 20 years of service), or 3) the minimum widow’s annuity allowed by the Statute. These annuities cease upon the widow’s death.

Widows of Members That Die After Retirement

An eligible widow of a Tier 1 participant that dies after retirement is entitled to receive 50% of the participant’s annuity at the time of his death or the minimum widow’s annuity allowed by the Statute, whichever is greater. These annuities cease upon the widow’s death.

Duty Death Widows (Compensation Widows)

Upon Board approval when a Tier 1 participant is killed in the performance of duty or dies while in receipt of Duty Disability benefits that rendered the participant unable to resume service in the fire department, the widow shall receive 75% of the current annual salary attached to his rank and grade. In order to qualify for the annuity benefits provided for duty death widows, the widow must be married to the fireman at the time of the act or acts of duty which resulted in his or her death consistent with the requirements of the Statute. This benefit is increased proportionately with all future department increases to salary consistent with the applicable provisions of the Statute.

Minimum Widow’s Annuities

The minimum widow’s annuity for all spouses’ receiving an annuity under this code shall be no less than 150% of the Federal Poverty Level.

Minor children who die while in active service, on disability or while receiving an annuity are eligible for children’s annuity benefits. The amount is equal to 10% of the current annual maximum salary attached to the position of first-class firefighter, for each child as set by the statute. If there is no surviving parents, full orphan benefits amount to 15% of the same.

The benefit terminates upon the attainment of age 18, marriage or death. Total benefits paid to all members of a family cannot exceed 60% of the maximum current first class firefighter salary. This maximum benefit is increased to 100% for the family of a participant killed in the line of duty.

If the child is disabled because of a handicapped (and the handicapped manifests prior to age 18), upon proper application and documentation, benefits may be available in the same manner as child annuity benefits and are payable to the parent of such child as the natural guardian, a court appointed guardian, or a special needs trust. Benefits terminate at death, if it is determined that the child is no longer disabled because of the handicap or if the child marries.

Natural parent(s) of a participant who dies while in active service, on disability or while receiving a minimum formula annuity may be eligible for parent’s annuity benefits provided, that at the time of the participant’s death; 1) no spouse or unmarried child under the age of 18 years of age are entitled to an annuity under other provision of the Code; 2) and that satisfactory proof shall be presented to the Board that the participant was contributing to the support of his parent or parents.

The benefit is equal to 18% of the participant’s current annual salary at the time of death or his retirement per living dependent parent as set by the statute.

Surviving Spouses Annuities

Eligibility for spouse's annuities requires that the spouse be married to the Active/Retired participant at the date of his or her death and other conditions found in the statute.

Widows of Members with at Least 1 ½ Years of Service but Less Than 10 Years of Service

An eligible widow of a Tier 2 active participant that dies with at least 1 ½ years of service and less than 10 years of service, the spouse annuity shall amount to the greater of 1) 30% of the salary attached to the rank of first-class firefighter (minimum of step 6) at the time of the participant’s death but does not exceed the final step of the first-class firefighter pay, limited by any applicable salary cap, or 2) 54% of the firemen’s monthly salary (subject to any applicable salary cap) at the time of the fireman’s death or 3) the minimum widow’s annuity allowed by the Statute. These annuities cease upon the widow’s death.

Widows of Members with at Least 10 Years of Service

An eligible widow of a Tier 1 active participant that dies with at least 10 years of service is entitled to receive the greater of 1) 30% of the salary attached to the rank of first -class firefighter (minimum of step 6) at the time of the participant’s death but does not exceed the final step of the first-class firefighter pay limited by any applicable salary cap, 2) 54% of the firemen’s monthly salary (subject to any applicable salary cap) at the time of the fireman’s death, 3) 66 2/3% of the Tier 2 retirement annuity that the deceased participant would have been eligible to receive based on his actual service but determined as through the participant was at least 55 on the day before death, or 4) the minimum widow’s annuity allowed by the Statute. These annuities cease upon the widow’s death.

Widows of Members That Die After Retirement

A widow of a Tier 2 participant that was receiving an earned pension at the date of his death is entitled to receive 66 2/3% of the participant’s annuity at the time of his death or the minimum widow’s annuity allowed by the Statute, whichever is greater.

Duty Death Widow (Compensation Widow)

Upon Board approval when a Tier 2 participant is killed in the performance of duty or dies while in receipt of disability benefits and the act or acts of duty resulted in his death, the widow shall receive 75% of the current annual salary attached to his rank and grade; provided, however, that no such benefit shall be paid to the surviving spouse of a fireman who dies while in receipt of disability benefits when the fireman’s death was caused by an intervening illness or injury unrelated to the illness or injury that had prevented him from subsequently resuming active service. In order to qualify for the annuity benefits provided for duty death widows, the widow must be married to the fireman at the time of the act or acts of duty which resulted in his or her death consistent with the requirements of the Statute. This benefit is increased proportionately with all future department increases to salary. The salary used for computing a Tier 2 surviving spouse’s annuity under this subsection shall be subject to the Tier 2 salary cap and may be adjusted annually.

Automatic Increase

The monthly annuity of a surviving spouse of a Tier 2 participant that died after retirement shall be increased on the January 1st after (1) attainment of age 60 by the widow or (2) the 1st anniversary of the Tier 2 widow’s annuity start date, whichever is later and each January 1st thereafter.

Each annual increase shall be calculated at 3% or ½ of the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12-month period ending with the September preceding each November 1, whichever is less of the originally granted annuity.

Minimum Widows Annuities

Beginning January 1, 2023, the minimum widow’s annuity payable to any person who is entitled to receive a widow’s annuity under this Article is 150% of the Federal Poverty Level.

Participant Receiving an Earned Annuity

Minor children of participants (including any child conceived by not yet born) who die while receiving an earned annuity are eligible for children’s annuity benefits. The amount of this benefit is equal to 10% of the current annual maximum salary attached to the position of first-class firefighter (step 10), or 12% of the earned annuity at the date of his death, whichever is greater, for each child as set by the Statute. If there is no surviving parent (spouse), these benefits amount to 15% of the current annual maximum salary attached to the position of first-class firefighter (step 10) , or 20% of the earned annuity at the date of his death, whichever is greater, for each child as set by the Statute.

The monthly salary (annualized) used for computing a Tier 2 member’s child annuity under this subsection shall be subject to the Tier 2 salary cap.

Participant Who Dies While in Service with at least 1 ½ years of service

Minor children of participants (including any child conceived by not yet born) who die while in service are eligible for children’s annuity benefits. The amount of this benefit is the greater of 10% of the current annual maximum salary attached to the position of first-class firefighter (step 10), or 12% of the firemen’s monthly salary (subject to any applicable salary cap) at the time of the fireman’s death, for each child as set by the Statute. If there is no surviving parent (spouse), these benefits amount to the greater of 15% of the current annual maximum salary attached to the position of first-class firefighter (step 10), or 20% of the firemen’s monthly salary (subject to any applicable salary cap) at the time of the fireman’s death, for each child as set by the Statute.

The monthly salary (annualized) used for computing a Tier 2 member’s child annuity under this subsection shall be subject the Tier 2 salary cap.

Child annuity benefits terminate upon the attainment of age 18, marriage, or death. Total benefits paid to all members of a family cannot exceed 60% of the current maximum first-class firefighter salary. This maximum benefit is increased to 100% for the family of a participant killed in the line of duty.

If the child is disabled because of a handicap (and the handicap manifests prior to age 18), upon proper application and documentation, benefits may be available in the same manner as child’s annuity benefits and are payable to the parent of such child as the natural guardian, a court appointed guardian, or a special needs trust. Benefits terminate at death, if it is determined that the child is no longer disabled because of the handicap, or if the child marries.

Natural parent(s) of a participant who dies while in active service, on disability or while receiving a minimum formula annuity are eligible for parent’s annuity benefits provided, that at the time of the participant’s death; 1) no spouse or unmarried child under the age of 18 years of age are entitled to an annuity under other provision of the Code; 2) and that satisfactory proof shall be presented to the Board that the participant was contributing to the support of his parent or parents.

The benefit is equal to 18% of the participant’s current annual salary at the time of death or his retirement per living dependent parent.