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Sen. James A. DeLeo
Filed: 5/27/2005
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09400HB0227sam001 |
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LRB094 05051 AMC 47252 a |
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| AMENDMENT TO HOUSE BILL 227
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| AMENDMENT NO. ______. Amend House Bill 227 on page 1, by |
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| replacing line 5 with the following:
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| "Sections 8-152 and 14-104 and adding Section 8-152.1 as |
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| follows:
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| (40 ILCS 5/8-152)
(from Ch. 108 1/2, par. 8-152)
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| Sec. 8-152. Widows or former wives not entitled to annuity. |
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| Except as
provided in Section 8-152.1, the following widows or |
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| former wives of
employees have no right to annuity from the |
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| fund:
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| (a) The widow, married subsequent to the effective date, of |
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| an
employee who dies in service if she was not married to him |
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| before he
attained age 65;
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| (b) The widow, married subsequent to the effective date, of |
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| an
employee who withdraws from service whether or not he enters |
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| upon
annuity, and who dies while out of service, if she was not |
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| his wife
while he was in service and before he attained age 65;
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| (c) The widow of an employee with 10 or more years of |
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| service whose
death occurs out of and after he has withdrawn |
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| from service, and who has
received a refund of his |
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| contributions for
annuity purposes;
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| (d) The widow of an employee with less than 10 years of |
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| service who
dies out of service after he has withdrawn from |
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| service before he
attained age 60;
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| (e) The former wife of an employee whose judgment of |
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09400HB0227sam001 |
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LRB094 05051 AMC 47252 a |
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| dissolution of
marriage has been vacated or set aside after the |
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| employee's death,
unless the proceedings to vacate or set aside |
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| the judgment were filed in
court within 5 years after the entry |
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| thereof and within one year after
the employee's death, and |
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| unless the board is made a party defendant to
such proceedings.
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| (Source: P.A. 81-1536.)
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| (40 ILCS 5/8-152.1 new)
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| Sec. 8-152.1. Widow's annuity for widow married to member |
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| for at
least 10 years. Notwithstanding Section 8-152 or any |
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| other provision of this
Code to the contrary, if (1) a member |
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| has a spouse who would have qualified for a minimum annuity for |
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| widows under Section 8-150.1 at the time of the member's |
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| retirement, (2) the qualifying spouse dies, (3) the member |
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| subsequently remarries, and (4) the member does not receive a |
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| refund under
Section 8-169, then the member's widow shall be |
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| entitled to a widow's annuity
if (i) the member dies after May |
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| 1, 2004 and before November 1, 2004 and (ii) the widow was |
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| married to the member for at least the last 10 years prior to |
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| the
member's death. A widow who elects to receive a widow's |
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| annuity under this Section is thereafter ineligible to receive |
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| any other survivor's benefit under this Article. A widow who is |
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| receiving any survivor's benefit under this Article is |
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| thereafter ineligible to receive a widow's annuity under this |
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| Section. If a widow who is receiving a widow's annuity under |
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| this Section remarries, then the benefits paid to that widow |
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| shall be terminated effective on the last day of the month in |
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| which the widow remarries. To establish credit under this |
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| Section, the widow must apply to the Fund on or before July 1, |
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| 2006."; and
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| on page 5, immediately below line 35, by inserting the |
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| following:
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