96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2822


 
Introduced 1/28/2010, by Sen. Heather Steans
 
SYNOPSIS AS INTRODUCED:
 		













40 ILCS 5/1-155 new











    Amends 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 17842 AMC 33210 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2822

LRB096 17842 AMC 33210 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 1-155 as follows:
 
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    (40 ILCS 5/1-155 new)
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    Sec. 1-155. Domestic partner eligibility.
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    (a) Beginning July 1, 2010, an unmarried participant of any 
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pension fund or retirement system created under this Code may 
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designate a domestic
partner by filing a written designation 
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with the pension fund or retirement system in the manner 
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prescribed
by the pension fund or retirement system.  The 
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pension fund or retirement system may require reasonable 
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evidence that the person designated meets the definition of 
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domestic partner set forth in subsection (c).
  Such a

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designation is revocable at any time, but may not be made or 
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changed more than
once in any 12-month period.  The marriage of 
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a participant automatically revokes
any designation of a 
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domestic partner previously made by that participant.

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    (b) The designated domestic partner of a participant shall 
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be eligible to
receive survivor and death benefits under this 
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Code in the same manner
and subject to the same conditions as a 
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surviving spouse.  For the purposes
of determining eligibility 
 


 






SB2822
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LRB096 17842 AMC 33210 b




1
for those benefits, the date of designation of a
domestic 
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partner shall be deemed the equivalent of the date of marriage, 
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and
the revocation or change of a designation shall be deemed 
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the equivalent of
termination of the marriage.  References in 
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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) For the purposes of this Section:
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    "Domestic partner" means an individual of the same gender 
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as an
unmarried participant who (1) is at least 18 years of 
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age; (2) is involved with the participant in a long-term

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relationship of indefinite duration; (3) has resided together 
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with the participant
at the same address for at least 12 
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months; (4) is not related to the participant
by blood to a 
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degree of closeness that would prohibit legal marriage in the

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state in which they legally reside; (5) is not married to any 
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other person;
and (6) has an exclusive mutual commitment to the 
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participant 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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    "Marriage" means a marriage under the laws of the State of 
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Illinois. 

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