DETERMINATION OF DEATH AWARDS (3-8-120 et seq.)

Municipal Code of Chicago tit. 3, ch. 3-8, art. II

in effect

Municipal Code of Chicago § 3-8-120 Amounts.

3-8-120 Amounts. Awards made under the terms of this chapter shall be as follows: (1) | The surviving spouse of the deceased if there be no minor child or children | $20,000 (2) | The surviving spouse and one minor child of the deceased, in equal parts | $30,000 (3) | The surviving spouse and two or more minor children of the deceased, in equal parts | $40,000 (4) | The surviving spouse and father or mother of the deceased, in equal parts | $30,000 (5) | The surviving spouse and father and mother of the deceased, in equal parts | $40,000 (6) | The surviving spouse, one minor child and mother, father, or both, of the deceased, in equal parts | $40,000 (7) | The surviving spouse, two or more minor children and father, mother, or both, of the deceased, in equal parts | $40,000 (8) | One minor child of the deceased | $20,000 (9) | Two minor children of the deceased, in equal parts | $25,000 (10) | Three or more minor children of the deceased, in equal parts | $40,000 (11) | One minor child and father or mother of the deceased, in equal parts | $30,000 (12) | One minor child and father and mother of the deceased, in equal parts | $40,000 (13) | Two or more minor children and father, mother, or both, of the deceased, in equal parts | $40,000 | The right of the minor child is understood to mean the child's proportionate part in the benefits set out in subparagraphs (2), (3), (9) and (10) of this section. | (14) | If there be no surviving spouse or children of the deceased and there be a father or mother surviving the deceased, awards shall be made as follows: | | For the father or mother | $20,000 | For the father and mother | $30,000 (15) | If there be no surviving spouse, children, father or mother of the deceased, and if there be minor brothers or sisters, and brothers or sisters having reached the age of 50 years or over, fully dependent upon the deceased for support at the time of their death, awards shall be made as follows: | | One adult brother or more – each | $15,000 | One adult sister or more – each | $15,000 | One minor brother or sister | $15,000 | Two minor brothers or sisters | $20,000 | Three minor brothers or sisters | $22,500 | Four or more minor brothers or sisters | $25,000 (16) A child that is physically or mentally disabled, in case he or she is dependent upon the deceased for support at the time of his death, shall be granted the allowances herein provided for a minor child. (17) When there are two or more beneficiaries of any allowance of money awarded for the support, maintenance and education of the family or dependents of any policeman or fireman, such allowances shall be for the use and benefit of such beneficiaries in equal parts. (18) When no beneficiaries would be eligible to receive awards under the provisions of this chapter then the estate shall be awarded the amount of $15,000. (Prior code § 22-12; Amend Coun. J. 12-7-84, p. 11497; 12-7-88, p. 20549; 3-21-90, p. 12809; 3-6-96, p. 16199; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-130 Reallocation upon death of beneficiary.

3-8-130 Reallocation upon death of beneficiary. In the event of the death of any beneficiary, leaving one or more beneficiaries surviving, the trust fund remaining shall be reallocated for the use and benefit of the surviving beneficiary or beneficiaries in the following manner: The trustee bank shall first determine the amount of the original award, in accordance with subparagraphs (1) to (27) inclusive of Section 3-8-120, which would have been made to the surviving beneficiary or beneficiaries had the deceased beneficiary not been a beneficiary upon the date of the original award. If the award thus determined is less than the original award made, the trustee bank shall ascertain the amount to be held by it for the benefit of the surviving beneficiary or beneficiaries by adding to the award thus determined the total interest received by the trust fund from the inception and by deducting from the sum of the redetermined award and the interest received, the total amount actually paid to or for the benefit of the surviving beneficiary or beneficiaries. If the balance actually remaining in the trust (taken at its market value) is in excess of the net balance (taken at face value) found to be due to surviving beneficiary or beneficiaries, such excess, after deducting the expenses of the last illness and the funeral of the deceased beneficiary, shall revert to the city and be credited to the general corporate fund by the comptroller. If the balance actually remaining in the trust (taken at its market value) is less than the amount (taken at face value) found due to the surviving beneficiary or beneficiaries under the reallocated award, as aforesaid, the entire balance remaining in the trust shall be held by the trustee bank for the use and benefit of the surviving beneficiary or beneficiaries in accordance with the terms hereof. (Prior code § 22-13)

Municipal Code of Chicago § 3-8-140 Death of sole beneficiary.

3-8-140 Death of sole beneficiary. In the event of the death of the last surviving beneficiary or of a sole beneficiary, all funeral expenses and medical expenses incident to the last illness of the deceased beneficiary shall be paid by the trustee bank and if, after payment of such medical and funeral expenses, any portion of the award remains unexpended the trust shall terminate and such unexpended portion shall be returned to the city by the trustee bank and shall revert and be credited to the general corporate fund by the comptroller. (Prior code § 22-14)

Municipal Code of Chicago § 3-8-150 Marriage or attainment of majority - By beneficiary.

3-8-150 Marriage or attainment of majority - By beneficiary. In the event of the marriage of any beneficiary or in the event that any minor beneficiary other than the surviving spouse of the deceased policeman or fireman shall attain the age of 21 years and shall be under no mental or physical disability preventing self-support and shall not be attending a school or college deemed accredited by the Board of Trustees, and there are other beneficiaries remaining, the funds remaining in the hands of the trustee bank shall be reallocated for the use and benefit of the other beneficiary or beneficiaries in the following manner: The trustee bank shall first determine the amount of the original award, in accordance with subparagraphs (1) to (27) inclusive of Section 3-8-120 which would have been made to the remaining beneficiary or beneficiaries had such former beneficiary not been a beneficiary upon the date of the original award. If the award thus determined is less than the original award made, the trustee bank shall ascertain the amount to be held by it for the benefit of the remaining beneficiary or beneficiaries by adding to the award thus determined the total interest received by the trust fund from the inception and by deducting from the sum of the redetermined award and the interest received, the total amount actually paid to or for the benefit of the remaining beneficiary or beneficiaries. If the balance actually remaining in the trust (taken at its market value) is in excess of the net balance (taken at the face value) found to be due to remaining beneficiary or beneficiaries, such excess shall revert to the city and be credited to the general corporate fund by the comptroller. If the balance actually remaining in the trust (taken at its market value) is less than the amount (taken at face value) found due to the remaining beneficiary or beneficiaries as aforesaid, the entire balance remaining in the trust shall be held by the trustee bank for the use and benefit of the remaining beneficiary or beneficiaries in accordance with the terms hereof. (Prior code § 22-15; Amend Coun. J. 6-22-22, p. 48708, § 1)

Municipal Code of Chicago § 3-8-160 Marriage or attainment of majority - By sole beneficiary.

3-8-160 Marriage or attainment of majority - By sole beneficiary. In the event of the marriage of the last beneficiary of any trust fund, or in the event that the last remaining beneficiary is a minor and shall attain the age of 21 years and shall be under no mental or physical disability preventing self-support, the trust funds remaining in the hands of the trustee bank shall revert to the city and be credited to the general corporate fund by the comptroller. The purpose of this provision is to encourage the said minor dependents to seek and secure educational advantages in the several trades, industrial lines or professions. (Prior code § 22-16)

Municipal Code of Chicago § 3-8-170 War service.

3-8-170 War service. In the event a beneficiary shall have entered or hereafter shall enter the armed forces of the United States of America or its allies, or if in the judgment of the board of trustees any beneficiary shall be engaged in essential war activity requiring full time service which interferes with regular attendance at an accredited school, the right of such beneficiary with respect to attending school subsequent to attaining the age of 21 years (as allowed by Section 3-8-150), shall be preserved to and retained in such beneficiary for a period terminating six months from and after the date of his official separation or right to withdraw from such armed forces or war activity to the same effect as though such beneficiary had not attained age 21 years, but no part of the trust fund shall be segregated specifically for the use and benefit of such beneficiary. At the expiration of said six months' period, the balance remaining in the trust fund, if any, shall be used for the use and benefit of the said beneficiary and other remaining beneficiaries, in accordance with and subject to the other provisions of the code not in conflict with this section. (Prior code § 22-16.1)

Municipal Code of Chicago § 3-8-180 Loss due to depreciation.

3-8-180 Loss due to depreciation. It is the intention of this chapter that upon reallocation of any award, as aforesaid, any loss to the trust arising from the depreciation in value of any assets held thereunder shall fall upon the reversionary interest of the city and not upon the remaining beneficiaries of the trust. (Prior code § 22-17)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2605896Fetched: 10/24/2026