093_HB2986

 
                                     LRB093 07360 LRD 07522 b

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 8-152 and adding Section 8-152.1 as follows:

 6        (40 ILCS 5/8-152) (from Ch. 108 1/2, par. 8-152)
 7        Sec.  8-152.  Widows  or  former  wives  not  entitled to
 8    annuity. Except as provided in Section 8-152.1, the following
 9    widows or former wives of employees have no right to  annuity
10    from the fund:
11        (a)  The widow, married subsequent to the effective date,
12    of  an employee who dies in service if she was not married to
13    him before he attained age 65;
14        (b)  The widow, married subsequent to the effective date,
15    of an employee who withdraws from service whether or  not  he
16    enters  upon  annuity,  and who dies while out of service, if
17    she was not his wife while he was in service  and  before  he
18    attained age 65;
19        (c)  The  widow  of  an employee with 10 or more years of
20    service whose death occurs out of and after he has  withdrawn
21    from   service,   and  who  has  received  a  refund  of  his
22    contributions for annuity purposes;
23        (d)  The widow of an employee with less than 10 years  of
24    service  who  dies out of service after he has withdrawn from
25    service before he attained age 60;
26        (e)  The former wife of an  employee  whose  judgment  of
27    dissolution  of  marriage has been vacated or set aside after
28    the employee's death, unless the proceedings to vacate or set
29    aside the judgment were filed in court within 5  years  after
30    the  entry  thereof  and within one year after the employee's
31    death, and unless the board is made a party defendant to such
 
                            -2-      LRB093 07360 LRD 07522 b
 1    proceedings.
 2    (Source: P.A. 81-1536.)

 3        (40 ILCS 5/8-152.1 new)
 4        Sec. 8-152.1. Widow's annuity for widow married to member
 5    for at least 3 years.  Notwithstanding Section 8-152  or  any
 6    other provision of this Code to the contrary, if a member (1)
 7    was  married for at least one year at the time of termination
 8    of service, (2) was subsequently  widowed,  (3)  subsequently
 9    remarried,  and  (4)  has not received a refund under Section
10    8-169, then that  member's  widow  shall  be  entitled  to  a
11    widow's annuity if the widow was married to the member for at
12    least the last 3 years prior to the member's death.

13        Section  90.  The State Mandates Act is amended by adding
14    Section 8.27 as follows:

15        (30 ILCS 805/8.27 new)
16        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
17    and  8 of this Act, no reimbursement by the State is required
18    for  the  implementation  of  any  mandate  created  by  this
19    amendatory Act of the 93rd General Assembly.

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.