093_HB0382

 
                                     LRB093 03959 EFG 03998 b

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Sections 6-142, 6-143, and 6-160 as follows:

 6        (40 ILCS 5/6-142) (from Ch. 108 1/2, par. 6-142)
 7        Sec. 6-142. Wives and widows not entitled to annuities.
 8        (A)  Except  as provided in subsection (B), the following
 9    wives or widows have no right to annuity from the fund:
10        (a)  A wife or widow married subsequent to the  effective
11    date  of a fireman who dies in service if she was not married
12    to him before he attained age 63;
13        (b)  A wife or widow of a fireman who withdraws,  whether
14    or not he enters upon annuity, and dies while out of service,
15    if the marriage occurred after the effective date and she was
16    not  his  wife while he was in service and before he attained
17    age 63;
18        (c)  A wife or widow of a fireman who (1) has  served  10
19    or more years, (2) dies out of service after he has withdrawn
20    from  service, and (3) has withdrawn or applied for refund of
21    the sums to his credit for annuity to which he had a right to
22    refund;
23        (d)  A wife or widow of a fireman who dies out of service
24    after he has withdrawn before age 63, and who has not  served
25    at least 10 years;
26        (e)  A  wife  whose  marriage was dissolved or widow of a
27    fireman whose judgment of dissolution of  marriage  from  her
28    fireman   husband  is  annulled,  vacated  or  set  aside  by
29    proceedings in court subsequent to the death of the  fireman,
30    unless  (1)  such  proceedings are filed within 5 years after
31    the date of the dissolution of marriage and within  one  year
 
                            -2-      LRB093 03959 EFG 03998 b
 1    after  the  death  of the fireman and (2) the board is made a
 2    party to the proceedings;
 3        (f)  A wife or widow who married the fireman while he was
 4    in receipt of disability benefit or disability  pension  from
 5    this  fund,  unless  he returned to the service subsequent to
 6    the marriage and remained therein for  a  period  or  periods
 7    aggregating one year, or died while in service.
 8        (B)  Beginning  on  the effective date of this amendatory
 9    Act of the 93rd General Assembly, the limitation on  marriage
10    after  withdrawal under subdivision (A)(b) and the limitation
11    on marriage during disability  under  subdivision  (A)(f)  no
12    longer  apply  to  a  widow  who  was married to the deceased
13    fireman before the fireman begins  to  receive  a  retirement
14    annuity  and  for at least one year immediately preceding the
15    date of death, regardless of whether the deceased fireman  is
16    in  service on or after the effective date of this amendatory
17    Act of the 93rd General Assembly; except that this subsection
18    (B) does not apply to the widow of a fireman who  received  a
19    refund  of  contributions  for  widow's annuity under Section
20    6-160, unless the refund is repaid to the Fund, with interest
21    at the rate of 4% per year,  compounded  annually,  from  the
22    date of the refund to the date of repayment.  If the widow of
23    a  fireman  who  died  before  the  effective  date  of  this
24    amendatory Act becomes eligible for a widow's annuity because
25    of  this amendatory Act, the annuity shall begin to accrue on
26    the date of application for the  annuity,  but  in  no  event
27    sooner than the effective date of this amendatory Act.
28    (Source: P.A. 81-230.)

29        (40 ILCS 5/6-143) (from Ch. 108 1/2, par. 6-143)
30        Sec. 6-143. Widow's remarriage.
31        (a)  Beginning  on  the effective date of this amendatory
32    Act of the 93rd General Assembly, a widow's annuity shall  no
33    longer  be  subject  to  termination or suspension under this
 
                            -3-      LRB093 03959 EFG 03998 b
 1    Section due to remarriage.   Any  widow's  annuity  that  was
 2    previously  terminated  or  suspended  under  this Section by
 3    reason of remarriage shall, upon application, be  resumed  as
 4    of  the  date of the application, but in no event sooner than
 5    the effective date of this amendatory  Act.   The  resumption
 6    shall  not  be  retroactive.   This  subsection  (a)  applies
 7    regardless  of  whether  or  not  the deceased fireman was in
 8    service on or after the effective  date  of  this  amendatory
 9    Act.
10        (b)  This  subsection  (b) does not apply on or after the
11    effective date of this amendatory Act  of  the  93rd  General
12    Assembly.
13        Any  annuity granted to a widow who remarries on or after
14    December 31, 1989 shall  be  suspended  when  she  remarries,
15    unless  (i)  she  remarries  after  attaining  the  age of 60
16    regardless of whether or not  the  deceased  fireman  was  in
17    service on or after the effective date of this amendatory Act
18    of  1995 or (ii) she has been granted a Section 6-140 annuity
19    as the widow of a fireman killed in performance of duty.   An
20    annuity suspended under this Section shall, upon application,
21    be  resumed if the subsequent marriage ends by dissolution of
22    marriage, declaration of invalidity of marriage, or the death
23    of the husband; this resumption shall not be retroactive.
24        If a widow remarries after attaining age 60 or after  she
25    has  been  granted  an  annuity  under  Section 6-140 and the
26    remarriage takes place after December 31, 1989, regardless of
27    whether or not the deceased fireman  was  in  service  on  or
28    after  the effective date of this amendatory Act of 1995, the
29    widow's annuity shall continue without interruption.
30        Any widow's annuity that  was  previously  terminated  by
31    reason  of remarriage prior to December 31, 1989 or suspended
32    shall, upon application, be resumed, as of the  date  of  the
33    application,  if the subsequent marriage ended by dissolution
34    of marriage, declaration of invalidity of  marriage,  or  the
 
                            -4-      LRB093 03959 EFG 03998 b
 1    death  of  the  husband,  regardless  of  whether  or not the
 2    deceased fireman was in service on the effective date of this
 3    amendatory  Act  of  1995;  this  resumption  shall  not   be
 4    retroactive.
 5        When  a  widow dies, if she has not received, in the form
 6    of an annuity, an amount equal to  the  accumulated  employee
 7    contributions  for  widow's  annuity,  the difference between
 8    such accumulated contributions and the sum received  by  her,
 9    along  with any part of the accumulated contributions for age
10    and service annuity remaining in the fund at her death, shall
11    be refunded to the fireman's  children,  in  equal  parts  to
12    each; except that if a child is less than age 18, the part of
13    any  such  amount  that  is required to pay an annuity to the
14    child shall be transferred to the  child's  annuity  reserve.
15    If  no  children  or descendants thereof survive the fireman,
16    the refund shall be paid to the estate of  the  fireman.   In
17    making  refunds  under  this  Section,  no  interest shall be
18    considered upon either the total of annuity payments made  or
19    the amounts subject to refund.
20    (Source: P.A. 89-136, eff. 7-14-95.)

21        (40 ILCS 5/6-160) (from Ch. 108 1/2, par. 6-160)
22        Sec. 6-160. Refund - Widow's annuity contributions.  When
23    a  fireman attains age 63 in service and is not then married,
24    or when an unmarried fireman  withdraws  before  age  63  and
25    enters  upon  annuity,  his contributions for widow's annuity
26    shall then be refunded to him, upon request.  A refund  under
27    this Section may be repaid as provided in Section 6-142(B).
28    (Source: P.A. 81-1536.)

29        Section  90.  The State Mandates Act is amended by adding
30    Section 8.27 as follows:

31        (30 ILCS 805/8.27 new)
 
                            -5-      LRB093 03959 EFG 03998 b
 1        Sec. 8.27.  Exempt mandate.  Notwithstanding  Sections  6
 2    and  8 of this Act, no reimbursement by the State is required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of the 93rd General Assembly.

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