96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0245


 
Introduced 2/4/2009, by Sen. Heather Steans - David Koehler
 
SYNOPSIS AS INTRODUCED:
 		













40 ILCS 5/16-143.3 new






40 ILCS 5/17-121.1 new











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
















LRB096 04389 AMC 14438 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB0245

LRB096 04389 AMC 14438 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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Sections 16-143.3 and 17-121.1 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, 2009, 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 
 


 






SB0245
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LRB096 04389 AMC 14438 b




1
be deemed the equivalent of
termination of the marriage.  
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References in this Article and other applicable
Articles of 
3
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 
7
teacher in a long-term
relationship of indefinite duration; (2) 
8
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.

 
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    (40 ILCS 5/17-121.1 new)

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    Sec. 17-121.1. Domestic partner eligibility.
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    (a) Beginning July 1, 2009, an unmarried teacher may 
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designate a domestic
partner by filing a written designation 
19
with the Fund in the manner prescribed
by the Fund.  The Fund 
20
may require reasonable evidence that the person
designated 
21
meets the qualifications set forth in subsection (c).  Such a

22
designation is revocable at any time, but may not be made or 
23
changed more than
once in any 24-month period.  The marriage of 
24
a teacher automatically revokes
any designation of a domestic 
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partner previously made by that teacher.

 


 






SB0245
- 3 -
LRB096 04389 AMC 14438 b




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    (b) The designated domestic partner of a teacher shall be 
2
eligible to
receive survivor and death benefits under this 
3
Article in the same manner
and subject to the same conditions 
4
as a surviving spouse.  For the purposes
of determining 
5
eligibility for those benefits, the date of designation of a

6
domestic partner shall be deemed the equivalent of the date of 
7
marriage, and
the revocation or change of a designation shall 
8
be deemed the equivalent of
termination of the marriage.  
9
References in this Article and other applicable
Articles of 
10
this Code to a surviving spouse shall be deemed to include a

11
surviving designated domestic partner.
12
    (c) "Domestic partner" means an individual of the same 
13
gender as an
unmarried teacher who (1) is involved with the 
14
teacher in a long-term
relationship of indefinite duration; (2) 
15
has resided together with the teacher
at the same address for 
16
at least 12 months; (3) is not related to the teacher
by blood 
17
to a degree of closeness that would prohibit legal marriage in 
18
the
state in which they legally reside; (4) is not married to 
19
any other person;
and (5) has an exclusive mutual commitment to 
20
the teacher in which they agree
to be jointly responsible for 
21
each other's common welfare and to share
financial obligations.


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