95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1669


 
Introduced 2/22/2007, by Rep. Kevin Joyce
 
SYNOPSIS AS INTRODUCED:
 		














40 ILCS 5/5-146
  from Ch. 108 1/2, par. 5-146



30 ILCS 805/8.31 new










    Amends the Chicago Police Article of the Illinois Pension Code. Provides that language denying an annuity to  a wife or widow, married subsequent to the effective date, of a
policeman who dies in service, if the marriage occurred less than one year
prior to the policeman's death, does not apply to the widow of a policeman who dies in the performance of an act of duty. Provides that, for (i) a wife or widow, married subsequent to the effective date, of a
policeman who dies in service, if the marriage occurred less than one year
prior to the policeman's death and (ii) a wife or widow of a policeman who withdraws, whether or not he
enters upon annuity, and dies out of service, if the marriage occurred
after the effective date and less than one year prior to the policeman's
death, and the widow was not his wife while he was in
service, if after an evidentiary hearing, the Board of Trustees, at its sole discretion determines that special circumstances exist warranting payment of a widow's annuity, then and only then shall the Board have authority to grant and award the annuity that would have been otherwise available. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















LRB095 06681 AMC 26793 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB1669

LRB095 06681 AMC 26793 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,
 
3
represented in the General Assembly:


 
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    Section 5. The Illinois Pension Code is amended  by changing 
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Section 5-146 as follows:
 



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    (40 ILCS 5/5-146)  (from Ch. 108 1/2, par. 5-146)



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    Sec. 5-146. Wives and widows not entitled to annuities. The 
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following wives or widows have no right to annuity from the 
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fund:

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    (a) A wife or widow, married subsequent to the effective 
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date, of a
policeman who dies in service, if the marriage 
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occurred less than one year
prior to the policeman's death, 
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except with respect to a policeman who dies in the performance 
14
of an act of duty, as
provided in Section 5-147 in cases where 
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a widow
entitled to an annuity remarries after age 60, or when 
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a widow entitled
to an annuity remarries prior to attaining age 
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60 and the marriage is
terminated, at any time thereafter, by 
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dissolution of marriage, declaration
of invalidity of marriage 
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or the death of the husband; if after an evidentiary hearing, 
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however, the Board, at its sole discretion determines that 
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special circumstances exist warranting payment of a widow's 
22
annuity, then and only then shall the Board have authority to 
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grant and award the annuity that would have been otherwise 
 


 






HB1669
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LRB095 06681 AMC 26793 b




1
available;


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    (b) A wife or widow of a policeman who withdraws, whether 
3
or not he
enters upon annuity, and dies out of service, if the 
4
marriage occurred
after the effective date and less than one 
5
year prior to the policeman's
death, and the widow was not his 
6
wife while he was in
service; if after an evidentiary hearing, 
7
however, the Board, at its sole discretion determines that 
8
special circumstances exist warranting payment of a widow's 
9
annuity, then and only then shall the Board have authority to 
10
grant and award the annuity that would have been otherwise 
11
available;

12
    (c) A wife or widow of a policeman who (1) has served 10 or 
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more
years, (2) dies out of service after he has withdrawn, and 
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(3) has
received a refund of the sums to his credit for 
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annuity, and such refund
has not been repaid in accordance with 
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the other provisions of this Article;

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    (d) A wife or widow of a policeman who dies out of service 
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after he
has withdrawn, and who has not served at least 10 
19
years;

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    (e) A former wife of a policeman who has had a judgment of 
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dissolution
of marriage from her policeman husband annulled, 
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vacated or set aside by
court proceedings subsequent to the 
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policeman's death, unless (1) the
proceedings were filed within 
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5 years after the date of dissolution of
marriage, and within 1 
25
year after the policeman's death, and (2) the board
was made a 
26
party to the proceedings;

 


 






HB1669
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LRB095 06681 AMC 26793 b




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    (f) A widow of a policeman who died prior to January 1, 
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1922, if she
had been denied a pension by the board of trustees 
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of any police pension
fund existing in the city by operation of 
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any other law;

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    (g) A widow of a policeman who has been denied a pension or 
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annuity
by the board created by this Article and who files a 
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petition for a
rehearing, or files a second application for 
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annuity, unless the
petition for rehearing or second 
9
application is filed within 1 year from
the date upon which the 
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annuity was denied by the board; provided, that
in the case of 
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legal disability, the year of limitation
shall begin on the day 
12
after the termination of such disability.

13
(Source: P.A. 86-272.)

 
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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.