HB4097 97TH GENERAL ASSEMBLY

LRB097 17857 EFG 63079 b

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.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public employee benefits.

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

Section 5. The Illinois Pension Code is amended by adding Section 5-137.1 as follows:

(40 ILCS 5/5-137.1 new)

Sec. 5-137.1. Widow's annuity - Death in service - Engaged person. The annuity benefits set forth in Section 5-137 for widows shall also apply to an individual who is engaged to be married to (or to be joined in a civil union with) a present employee or future entrant who dies in service on or after December 1, 2011.

A person making a claim for benefits under this Section must produce clear and convincing evidence at a hearing before the Board that he or she was actually engaged to be married to (or to be joined in a civil union with) the policeman at the time of the policeman's death. The limitation of subdivision (a) of Section 5-146 (requiring marriage for at least one year) and any other provisions of this Article requiring marriage (or civil union) as a condition of receiving a widow's annuity do not apply to the granting of a widow's annuity to an engaged person under this Section.

This Section is not limited under Section 1-103.1 to persons in service on or after the effective date of this amendatory Act of the 97th General Assembly.

Section 90. The State Mandates Act is amended by adding Section 8.36 as follows:

(30 ILCS 805/8.36 new)

Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 97th General Assembly.

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