HB1331ham001 95TH GENERAL ASSEMBLY

Personnel and Pensions Committee

Filed: 3/22/2007

09500HB1331ham001 LRB095 09085 AMC 34231 a

AMENDMENT TO HOUSE BILL 1331

AMENDMENT NO. ______. Amend House Bill 1331 on page 1, line 5, by replacing "Section 16-143.3" with "Sections 16-143.3 and 17-121.1"; and

on page 2, immediately below line 14, by inserting the following:

"(40 ILCS 5/17-121.1 new)

Sec. 17-121.1. Domestic partner eligibility.

(a) Beginning July 1, 2007, an unmarried teacher may designate a domestic partner by filing a written designation with the Fund in the manner prescribed by the Fund. The Fund may require reasonable evidence that the person designated meets the qualifications set forth in subsection (c). Such a designation is revocable at any time, but may not be made or changed more than once in any 24-month period. The marriage of a teacher automatically revokes any designation of a domestic partner previously made by that teacher.

(b) The designated domestic partner of a teacher shall be eligible to receive survivor and death benefits under this Article in the same manner and subject to the same conditions as a surviving spouse. For the purposes of determining eligibility for those benefits, the date of designation of a domestic partner shall be deemed the equivalent of the date of marriage, and the revocation or change of a designation shall be deemed the equivalent of termination of the marriage. References in this Article and other applicable Articles of this Code to a surviving spouse shall be deemed to include a surviving designated domestic partner.

(c) "Domestic partner" means an individual of the same gender as an unmarried teacher who (1) is involved with the teacher in a long-term relationship of indefinite duration; (2) has resided together with the teacher at the same address for at least 12 months; (3) is not related to the teacher by blood to a degree of closeness that would prohibit legal marriage in the state in which they legally reside; (4) is not married to any other person; and (5) has an exclusive mutual commitment to the teacher in which they agree to be jointly responsible for each other's common welfare and to share financial obligations.".