Sen. Frank C. Watson
Filed: 5/11/2004
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 378 




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    AMENDMENT NO. ______. Amend House Bill 378, AS AMENDED, in 
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the introductory portion of Section 5, before "6-142", by 
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inserting "3-120,"; and

 
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in the body of Section 5, before the beginning of Sec. 6-142, 
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by inserting the following:
 



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    "(40 ILCS 5/3-120)  (from Ch. 108 1/2, par. 3-120)


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    Sec. 3-120. Marriage after retirement. 

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    (a) If a police officer marries subsequent to   retirement on 
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any pension
under this Article (other than a pension 
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established under Section 3-109.3) and dies less than 12 months 
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after the date of marriage,
the surviving spouse and the 
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children of such surviving
spouse shall receive no pension on 
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the death of the officer, except as
provided in subsection (b) 
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or (c).

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    (b) Notwithstanding Section 1-103.1 of this Code, this 
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Section shall
not be deemed to disqualify from receiving a 
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survivor's pension the
surviving spouse and children of any 
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police officer who (i) retired from
service in 1973, married 
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the surviving spouse during 1974, and died in
1988, or (ii) 
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retired on disability in October of 1982, married the
surviving 
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spouse during 1991, and died in 1992.  In the case of a person

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who becomes eligible for a benefit under this subsection (b), 
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the benefit
shall begin to accrue on July 1, 1990 or July 1 of 
 


 






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the year following the
police officer's death, whichever is 
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later.

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    (c) Beginning on the effective date of this amendatory Act 
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of the
93rd General Assembly, this Section shall
no longer 
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disqualify from receiving a pension the
surviving spouse of any 
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police officer who married the deceased police officer after 
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his or her retirement on pension, but was married to the

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deceased police officer for at least one year immediately 
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preceding the date of death, regardless
of whether the deceased 
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police officer is in service or is receiving a retirement 
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pension on or after the effective date
of this amendatory Act 
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of the 93rd General Assembly; except that this
subsection (c) 
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does not apply to the surviving spouse of a police officer who 
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received a refund
of contributions under Section 3-124.  If the 
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surviving spouse
of a police officer who died before the 
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effective date of this amendatory Act becomes
eligible for a 
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pension because of this amendatory Act, that pension
shall 
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begin to accrue on the date of the surviving spouse's 
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application for the pension, but in no
event sooner than the 
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effective date of this amendatory Act.
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(Source: P.A. 91-939, eff. 2-1-01.)".