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Sen. Bill Brady
Filed: 5/12/2005
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LRB094 03611 AMC 46364 a |
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| AMENDMENT TO HOUSE BILL 157
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| AMENDMENT NO. ______. Amend House Bill 157, AS AMENDED, |
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| with reference to page and line numbers of Senate Amendment No. |
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| 1, on page 1, line 5, by replacing "7-109.3" with "3-120, |
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| 7-109.3,"; and
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| on page 1, immediately below line 5, by inserting the |
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| 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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09400HB0157sam002 |
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LRB094 03611 AMC 46364 a |
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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
94th 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 94th 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.)"; and
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| on page 4, line 15, by deleting "begin to"; and
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| on page 4, lines 16 through 18, by deleting "no later than 6 |
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| months after the effective date of this amendatory Act of the |
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| 94th General Assembly"; and
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| on page 11, line 23, after "agreements", by inserting "and |
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| other negotiated agreements".
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