Sen. Denny Jacobs
Filed: 4/22/2004
 
 

 




 

 		












09300HB0378sam001

LRB093 03957 EFG 49105 a






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AMENDMENT TO HOUSE BILL 378 




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    AMENDMENT NO. ______. Amend House Bill 378 on page 1, by 
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replacing all of line 5 with the following:

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"Sections 6-142 and 6-210.1 as follows:
 



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    (40 ILCS 5/6-142)
  (from Ch. 108 1/2, par. 6-142)



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    Sec. 6-142. Wives and widows not entitled to annuities. 

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    (A) Except as provided in subsection (B), the following 
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wives
or widows have no right to annuity from the fund:

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        (a) A wife or widow married subsequent to the effective 
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date of a
fireman who dies in service if she was not 
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married to him before he
attained age 63;

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        (b) A wife or widow of a fireman who withdraws, whether 
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or not he
enters upon annuity, and dies while out of 
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service, if the marriage
occurred after the effective date 
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and she was not his wife while he was
in service and before 
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he attained age 63;

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        (c) A wife or widow of a fireman who (1) has served 10 
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or more
years, (2) dies out of service after he has 
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withdrawn from service, and
(3) has withdrawn or applied 
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for refund of the sums to his credit for
annuity to which 
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he had a right to refund;

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        (d) A wife or widow of a fireman who dies out of 
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service after he
has withdrawn before age 63, and who has 
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not served at least 10 years;

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        (e) A wife whose marriage was dissolved or widow of a 
 


 






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fireman whose
judgment of dissolution of marriage from her 
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fireman husband is annulled,
vacated or set aside by 
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proceedings in court subsequent to the death of the

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fireman, unless (1) such proceedings are filed within 5 
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years after the date
of the dissolution of marriage and 
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within one year after the death of the
fireman and (2) the 
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board is made a party to the proceedings;

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        (f) A wife or widow who married the fireman while he 
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was in receipt
of disability benefit or disability pension 
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from this fund, unless he
returned to the service 
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subsequent to the marriage and remained therein
for a 
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period or periods aggregating one year, or died while in 
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service.

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    (B) Beginning on January 16, 2004
the effective date of 
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this amendatory Act of the
93rd General Assembly, the 
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limitation on marriage after withdrawal
under subdivision 
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(A)(b) and the limitation on marriage during disability
under 
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subdivision (A)(f) no longer apply to a widow who was married 
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to the
deceased fireman before the fireman begins to receive a 
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retirement annuity
and for at least one year immediately 
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preceding the date of death, regardless
of whether the deceased 
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fireman is in service on or after the effective date
of Public 
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Act 93-654 or this amendatory Act of the 93rd General Assembly; 
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except that this
subsection (B) does not apply to the widow of 
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a fireman who received a refund
of contributions for widow's 
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annuity under Section 6-160, unless the refund
is repaid to the 
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Fund, with interest at the rate of 4% per year, compounded

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annually, from the date of the refund to the date of repayment.  
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    If the widow
of a fireman who died before January 16, 2004

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the effective date of this amendatory Act becomes
eligible for 
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a widow's annuity because of Public Act 93-654
this amendatory 
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Act, the annuity
shall begin to accrue on the date of 
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application for the annuity, but in no
event sooner than 
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January 16, 2004
the effective date of this amendatory Act.
 


 






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    The changes to this Section made by this amendatory Act of 
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the 93rd General Assembly apply without regard to whether the 
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deceased fireman  was in service on or after its effective date.  
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If the widow
of a fireman who died before the effective date of 
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this amendatory Act of the 93rd General Assembly becomes

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eligible for a widow's annuity because of this amendatory Act, 
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the annuity
shall begin to accrue on the date of application 
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for the annuity, but in no
event sooner than January 16, 2004.


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(Source: P.A. 93-654, eff. 1-16-04.)".