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| 1 | AN ACT in relation to public employee benefits.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
| 5 | Section 3-120
as follows:
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| 6 | (40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)
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| 7 | Sec. 3-120. Marriage after retirement.
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| 8 | (a) If a police officer marries subsequent to retirement on | ||||||
| 9 | any pension
under this Article other than a pension established | ||||||
| 10 | under Section 3-109.3,
the surviving spouse and the children of | ||||||
| 11 | such surviving spouse shall receive
no pension on the death of | ||||||
| 12 | the officer, except as provided in subsection (b)
or (c).
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| 13 | (b) Notwithstanding Section 1-103.1 of this Code, this | ||||||
| 14 | Section shall
not be deemed to disqualify from receiving a | ||||||
| 15 | survivor's pension the
surviving spouse and children of any | ||||||
| 16 | police officer who (i) retired from
service in 1973, married | ||||||
| 17 | the surviving spouse during 1974, and died in
1988, or (ii) | ||||||
| 18 | retired on disability in October of 1982, married the
surviving | ||||||
| 19 | spouse during 1991, and died in 1992. In the case of a person
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| 20 | who becomes eligible for a benefit under this subsection (b), | ||||||
| 21 | the benefit
shall begin to accrue on July 1, 1990 or July 1 of | ||||||
| 22 | the year following the
police officer's death, whichever is | ||||||
| 23 | later.
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| 1 | (c) Beginning January 1, 2009, this Section does not | ||||||
| 2 | disqualify the
surviving spouse and children of a police | ||||||
| 3 | officer from receiving a survivor's
pension if the surviving | ||||||
| 4 | spouse was married to the police officer for at least
one year | ||||||
| 5 | immediately preceding the officer's death. This subsection | ||||||
| 6 | applies
without regard to whether the deceased police officer | ||||||
| 7 | was in service on or
after the effective date of this | ||||||
| 8 | amendatory Act of the 95th General Assembly.
In the case of a | ||||||
| 9 | person who becomes eligible for a survivor's pension under
this | ||||||
| 10 | subsection because of the death of a police officer who died | ||||||
| 11 | before that
effective date, the pension shall begin to accrue | ||||||
| 12 | on the first day of the month
following the month in which an | ||||||
| 13 | application for that pension is received by the
Board, but in | ||||||
| 14 | no event sooner than January 1, 2009, and in no event before | ||||||
| 15 | the
repayment, with interest, of any refund of contributions | ||||||
| 16 | previously received
from the fund.
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| 17 | (Source: P.A. 91-939, eff. 2-1-01.)
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| 18 | Section 90. The State Mandates Act is amended by adding | ||||||
| 19 | Section 8.32 as follows: | ||||||
| 20 | (30 ILCS 805/8.32 new) | ||||||
| 21 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 22 | of this Act, no reimbursement by the State is required for the | ||||||
| 23 | implementation of any mandate created by this amendatory Act of | ||||||
| 24 | the 95th General Assembly. | ||||||
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| 1 | Section 99. Effective date. This Act takes effect upon | ||||||
| 2 | becoming law. | ||||||