093_HB2986
LRB093 07360 LRD 07522 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 Section 8-152 and adding Section 8-152.1 as follows:
6 (40 ILCS 5/8-152) (from Ch. 108 1/2, par. 8-152)
7 Sec. 8-152. Widows or former wives not entitled to
8 annuity. Except as provided in Section 8-152.1, the following
9 widows or former wives of employees have no right to annuity
10 from the fund:
11 (a) The widow, married subsequent to the effective date,
12 of an employee who dies in service if she was not married to
13 him before he attained age 65;
14 (b) The widow, married subsequent to the effective date,
15 of an employee who withdraws from service whether or not he
16 enters upon annuity, and who dies while out of service, if
17 she was not his wife while he was in service and before he
18 attained age 65;
19 (c) The widow of an employee with 10 or more years of
20 service whose death occurs out of and after he has withdrawn
21 from service, and who has received a refund of his
22 contributions for annuity purposes;
23 (d) The widow of an employee with less than 10 years of
24 service who dies out of service after he has withdrawn from
25 service before he attained age 60;
26 (e) The former wife of an employee whose judgment of
27 dissolution of marriage has been vacated or set aside after
28 the employee's death, unless the proceedings to vacate or set
29 aside the judgment were filed in court within 5 years after
30 the entry thereof and within one year after the employee's
31 death, and unless the board is made a party defendant to such
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1 proceedings.
2 (Source: P.A. 81-1536.)
3 (40 ILCS 5/8-152.1 new)
4 Sec. 8-152.1. Widow's annuity for widow married to member
5 for at least 3 years. Notwithstanding Section 8-152 or any
6 other provision of this Code to the contrary, if a member (1)
7 was married for at least one year at the time of termination
8 of service, (2) was subsequently widowed, (3) subsequently
9 remarried, and (4) has not received a refund under Section
10 8-169, then that member's widow shall be entitled to a
11 widow's annuity if the widow was married to the member for at
12 least the last 3 years prior to the member's death.
13 Section 90. The State Mandates Act is amended by adding
14 Section 8.27 as follows:
15 (30 ILCS 805/8.27 new)
16 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
17 and 8 of this Act, no reimbursement by the State is required
18 for the implementation of any mandate created by this
19 amendatory Act of the 93rd General Assembly.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.