96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6619


 
Introduced , by Rep. Kevin A. McCarthy
 
SYNOPSIS AS INTRODUCED:
 		












40 ILCS 5/3-120
  from Ch. 108 1/2, par. 3-120




30 ILCS 805/8.34 new











    Amends the Downstate Police Article of the Illinois Pension Code.  Allows
payment of a survivor's pension to the surviving spouse and children of a
marriage occurring after retirement, if the surviving spouse and the deceased
police officer were married for at least one year immediately preceding the
date of death.  Amends the State Mandates Act to require implementation
without reimbursement.  Effective immediately.
















LRB096 18715 AMC 34099 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB6619

LRB096 18715 AMC 34099 b






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    AN ACT in relation to 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 3-120
as follows:


 
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    (40 ILCS 5/3-120)  (from Ch. 108 1/2, par. 3-120)

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    Sec. 3-120. Marriage after retirement.


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    (a) If a police officer marries subsequent to retirement on 
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any pension
under this Article other than a pension established 
10
under Section 3-109.3,
the surviving spouse and the children of 
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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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    (b) Notwithstanding Section 1-103.1 of this Code, this 
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Section shall
not be deemed to disqualify from receiving a 
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survivor's pension the
surviving spouse and children of any 
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police officer who (i) retired from
service in 1973, married 
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the surviving spouse during 1974, and died in
1988, or (ii) 
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retired on disability in October of 1982, married the
surviving 
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spouse during 1991, and died in 1992.  In the case of a person

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who becomes eligible for a benefit under this subsection (b), 
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the benefit
shall begin to accrue on July 1, 1990 or July 1 of 
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the year following the
police officer's death, whichever is 
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later.


 


 






HB6619
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    (c) Beginning January 1, 2011, this Section does not 
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disqualify the
surviving spouse and children of a police 
3
officer from receiving a survivor's
pension if the surviving 
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spouse was married to the police officer for at least
10 years 
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immediately preceding the officer's death. This survivor's 
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pension should be calculated at 50% of the original pension, 
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and will not be subject to cost of living adjustments.  This 
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subsection applies
without regard to whether the deceased 
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police officer was in service on or
after the effective date of 
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this amendatory Act of the 96th General Assembly.
In the case 
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of a person who becomes eligible for a survivor's pension under

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this subsection because of the death of a police officer who 
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died before that
effective date, the pension shall begin to 
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accrue on the first day of the month
following the month in 
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which an application for that pension is received by the
Board, 
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but in no event sooner than January 1, 2011, and in no event 
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before the
repayment, with interest, of any refund of 
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contributions previously received
from the fund.


19
(Source: P.A. 91-939, eff. 2-1-01.)


 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.34 as follows:
 
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    (30 ILCS 805/8.34 new)
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    Sec. 8.34. 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 96th General Assembly.
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.