95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0969


 
Introduced 2/8/2007, by Rep. Michael P. McAuliffe
 
SYNOPSIS AS INTRODUCED:
 		














40 ILCS 5/5-147
  from Ch. 108 1/2, par. 5-147



30 ILCS 805/8.31 new










    Amends the Chicago Police Article of the Illinois Pension Fund. Provides that a widow's annuity shall no longer be subject to
termination or suspension due to remarriage and any widow's
annuity that was previously terminated or suspended by
reason of remarriage shall, upon application, be resumed as of the date of the
application, but in no event sooner than the effective date.  Specifies that the resumption shall not be retroactive. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















LRB095 06711 AMC 26823 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB0969

LRB095 06711 AMC 26823 b






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    AN ACT concerning public employee benefits.

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


 
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    Section 5. The Illinois Pension Code is amended  by changing 
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Section 5-147 as follows:
 



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    (40 ILCS 5/5-147)  (from Ch. 108 1/2, par. 5-147)



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    Sec. 5-147. Widow's marriage to terminate annuity. 
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    (a) Beginning on the effective date of this amendatory Act 
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of the
95th General Assembly, a widow's annuity shall no longer 
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be subject to
termination or suspension under this Section due 
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to remarriage.  Any widow's
annuity that was previously 
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terminated or suspended under this Section by
reason of 
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remarriage shall, upon application, be resumed as of the date 
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of the
application, but in no event sooner than the effective 
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date of this amendatory
Act.  The resumption shall not be 
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retroactive.  This subsection (a) applies
regardless of whether 
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or not the deceased policeman was in service on or after
the 
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effective date of this amendatory Act of the 95th General 
19
Assembly.

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    (b) This subsection (b) does not apply on or after the 
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effective date of
this amendatory Act of the 95th General 
22
Assembly.

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Any annuity
granted to a widow shall be suspended when she 
 


 






HB0969
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LRB095 06711 AMC 26823 b




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remarries, unless she
remarries after attaining age 60 or the 
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annuity was granted under Section
5-144 and the remarriage 
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takes place after October 31, 1989.
Except as otherwise 
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provided by this Section, if a widow remarries before reaching

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age 60, annuity payment shall be suspended, but the widow's 
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annuity
payments shall be resumed if the subsequent marriage 
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ends either by dissolution of
marriage, declaration of 
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invalidity of marriage or the death of the
husband. If a widow 
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remarries after attaining age 60, or the annuity was
granted 
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under Section 5-144 and the remarriage takes place after June 
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1,
1990, regardless of whether or not the deceased policeman 
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was in service on
or after the effective date of this 
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amendatory Act of 1991, the widow's
annuity shall continue 
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without interruption.

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    If when a widow dies she
has not received, in form of 
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annuity, an amount equal to the accumulated
employee 
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contributions for widow's annuity,
the difference between such 
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accumulated contributions and the sum
received by her, along 
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with any part of the accumulated contributions
for age and 
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service annuity remaining in the fund at her death shall be

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refunded to the policemen's children, in equal parts to each; 
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provided,
if any child is less than age 18, such part of any 
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such amount required
to pay annuities to such children shall be 
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transferred to the child's
annuity reserve. If no children or 
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descendants thereof survive the
policeman, such refund shall be 
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paid to the estate of the policeman. In
making refunds under 
 


 






HB0969
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this Section, no interest shall be considered upon
either the 
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total of annuity payments made or the amounts subject to

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refund.

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(Source: P.A. 86-1488.)

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.31 as follows:
 
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    (30 ILCS 805/8.31 new)
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    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 95th General Assembly.
 

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