97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4097

 

Introduced , by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-137.1 new
30 ILCS 805/8.36 new

    Amends the Chicago Police Article of the Illinois Pension Code. Provides for payment of a widow's annuity to an individual engaged to be married to (or to be joined in a civil union with) a policeman who dies in service on or after December 1, 2011. Requires a person making a claim for this benefit to produce clear and convincing evidence at a hearing before the Board that he or she was actually engaged to the policeman at the time of the policeman's death. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by adding
5Section 5-137.1 as follows:
 
6    (40 ILCS 5/5-137.1 new)
7    Sec. 5-137.1. Widow's annuity - Death in service - Engaged
8person. The annuity benefits set forth in Section 5-137 for
9widows shall also apply to an individual who is engaged to be
10married to (or to be joined in a civil union with) a present
11employee or future entrant who dies in service on or after
12December 1, 2011.
13    A person making a claim for benefits under this Section
14must produce clear and convincing evidence at a hearing before
15the Board that he or she was actually engaged to be married to
16(or to be joined in a civil union with) the policeman at the
17time of the policeman's death. The limitation of subdivision
18(a) of Section 5-146 (requiring marriage for at least one year)
19and any other provisions of this Article requiring marriage (or
20civil union) as a condition of receiving a widow's annuity do
21not apply to the granting of a widow's annuity to an engaged
22person under this Section.
23    This Section is not limited under Section 1-103.1 to

 

 

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1persons in service on or after the effective date of this
2amendatory Act of the 97th General Assembly.
 
3    Section 90. The State Mandates Act is amended by adding
4Section 8.36 as follows:
 
5    (30 ILCS 805/8.36 new)
6    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
7of this Act, no reimbursement by the State is required for the
8implementation of any mandate created by this amendatory Act of
9the 97th General Assembly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.