Full Text of HB0157 94th General Assembly
HB0157sam002 94TH GENERAL ASSEMBLY
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Sen. Bill Brady
Filed: 5/12/2005
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09400HB0157sam002 |
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LRB094 03611 AMC 46364 a |
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| AMENDMENT TO HOUSE BILL 157
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| AMENDMENT NO. ______. Amend House Bill 157, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 1, on page 1, line 5, by replacing "7-109.3" with "3-120, | 5 |
| 7-109.3,"; and
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| on page 1, immediately below line 5, by inserting the | 7 |
| following:
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| "(40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)
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| Sec. 3-120. Marriage after retirement.
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| (a) If a police officer marries subsequent to retirement on | 11 |
| any pension
under this Article ( other than a pension | 12 |
| established under Section 3-109.3 ) and dies less than 12 months | 13 |
| after the date of marriage ,
the surviving spouse and the | 14 |
| children of such surviving
spouse shall receive no pension on | 15 |
| the death of the officer, except as
provided in subsection (b) | 16 |
| or (c) .
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| (b) Notwithstanding Section 1-103.1 of this Code, this | 18 |
| Section shall
not be deemed to disqualify from receiving a | 19 |
| survivor's pension the
surviving spouse and children of any | 20 |
| police officer who (i) retired from
service in 1973, married | 21 |
| the surviving spouse during 1974, and died in
1988, or (ii) | 22 |
| retired on disability in October of 1982, married the
surviving | 23 |
| spouse during 1991, and died in 1992. In the case of a person
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| who becomes eligible for a benefit under this subsection (b), |
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LRB094 03611 AMC 46364 a |
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| the benefit
shall begin to accrue on July 1, 1990 or July 1 of | 2 |
| the year following the
police officer's death, whichever is | 3 |
| later.
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| (c) Beginning on the effective date of this amendatory Act | 5 |
| of the
94th General Assembly, this Section shall
no longer | 6 |
| disqualify from receiving a pension the
surviving spouse of any | 7 |
| police officer who married the deceased police officer after | 8 |
| his or her retirement on pension, but was married to the
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| deceased police officer for at least one year immediately | 10 |
| preceding the date of death, regardless
of whether the deceased | 11 |
| police officer is in service or is receiving a retirement | 12 |
| pension on or after the effective date
of this amendatory Act | 13 |
| of the 94th General Assembly; except that this
subsection (c) | 14 |
| does not apply to the surviving spouse of a police officer who | 15 |
| received a refund
of contributions under Section 3-124. If the | 16 |
| surviving spouse
of a police officer who died before the | 17 |
| effective date of this amendatory Act becomes
eligible for a | 18 |
| pension because of this amendatory Act, that pension
shall | 19 |
| begin to accrue on the date of the surviving spouse's | 20 |
| application for the pension, but in no
event sooner than the | 21 |
| effective date of this amendatory Act. | 22 |
| (Source: P.A. 91-939, eff. 2-1-01.)"; and
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| on page 4, line 15, by deleting " begin to "; and | 24 |
| on page 4, lines 16 through 18, by deleting " no later than 6 | 25 |
| months after the effective date of this amendatory Act of the | 26 |
| 94th General Assembly "; and | 27 |
| on page 11, line 23, after " agreements ", by inserting " and | 28 |
| other negotiated agreements ".
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