95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1331


 
Introduced 2/20/2007, by Rep. Julie Hamos
 
SYNOPSIS AS INTRODUCED:
 		













40 ILCS 5/16-143.3 new











    Amends the Downstate Teacher Article of the Illinois Pension Code.
Allows a designated domestic partner to qualify as a surviving spouse for
purposes of survivor and death benefits.
















LRB095 09085 AMC 29277 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1331

LRB095 09085 AMC 29277 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 adding 
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Section 16-143.3 as follows:
 
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    (40 ILCS 5/16-143.3 new)

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    Sec. 16-143.3. Domestic partner eligibility.
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    (a) Beginning July 1, 2007, an unmarried teacher may 
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designate a domestic
partner by filing a written designation 
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with the System in the manner prescribed
by the System.  The 
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System may require reasonable evidence that the person

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designated meets the qualifications set forth in subsection 
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(c).  Such a
designation is revocable at any time, but may not 
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be made or changed more than
once in any 24-month period.  The 
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marriage of a teacher automatically revokes
any designation of 
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a domestic partner previously made by that teacher.

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    (b) The designated domestic partner of a teacher shall be 
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eligible to
receive survivor and death benefits under this 
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Article in the same manner
and subject to the same conditions 
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as a surviving spouse.  For the purposes
of determining 
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eligibility for those benefits, the date of designation of a

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domestic partner shall be deemed the equivalent of the date of 
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marriage, and
the revocation or change of a designation shall 
 


 






HB1331
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LRB095 09085 AMC 29277 b




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be deemed the equivalent of
termination of the marriage.  
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References in this Article and other applicable
Articles of 
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this Code to a surviving spouse shall be deemed to include a

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surviving designated domestic partner.
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    (c) "Domestic partner" means an individual of the same 
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gender as an
unmarried teacher who (1) is involved with the 
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teacher in a long-term
relationship of indefinite duration; (2) 
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has resided together with the teacher
at the same address for 
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at least 12 months; (3) is not related to the teacher
by blood 
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to a degree of closeness that would prohibit legal marriage in 
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the
state in which they legally reside; (4) is not married to 
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any other person;
and (5) has an exclusive mutual commitment to 
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the teacher in which they agree
to be jointly responsible for 
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each other's common welfare and to share
financial obligations.