State of Illinois
90th General Assembly

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      40 ILCS 5/3-120           from Ch. 108 1/2, par. 3-120
      30 ILCS 805/8.21 new
          Amends the Downstate Police Article of the Pension  Code.
      Allows  payment  of  a  survivor's  benefit  to the surviving
      spouse (but not the children) of a marriage  occurring  after
      retirement,  if  the death occurs after the effective date of
      this amendatory  Act.   Amends  the  State  Mandates  Act  to
      require   implementation  without  reimbursement.   Effective
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Section 3-120 and to amend the State Mandates Act.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing Section 3-120 as follows:
 7        (40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)
 8        Sec. 3-120.  Marriage after retirement.
 9        (a)  If a police officer marries subsequent to retirement
10    on  any  pension  under this Article and dies on or after the
11    effective date of this amendatory Act of 1997 (regardless  of
12    whether  the officer was in service on or after the effective
13    date of this  amendatory  Act  of  1997),  the  date  of  the
14    marriage  does  not  disqualify,  the  surviving  spouse from
15    receiving the pension provided for in Section 3-112, but  and
16    the  children  of  the such surviving spouse shall receive no
17    pension as a result of on the death of  the  officer  or  the
18    surviving spouse, except as provided in subsection (b).
19        (b)  Notwithstanding  Section  1-103.1 of this Code, this
20    Section shall not be deemed to disqualify  from  receiving  a
21    survivor's  pension  the surviving spouse and children of any
22    police officer who (i) retired from service in 1973,  married
23    the  surviving  spouse during 1974, and died in 1988, or (ii)
24    retired  on  disability  in  October  of  1982,  married  the
25    surviving spouse during 1991, and died in 1992.  In the  case
26    of  a  person  who  becomes eligible for a benefit under this
27    subsection (b), the benefit shall begin to accrue on July  1,
28    1990  or  July  1  of the year following the police officer's
29    death, whichever is later.
30    (Source: P.A. 87-794; 87-1265.)
                            -2-                LRB9002820EGfg
 1        Section 90.  The State Mandates Act is amended by  adding
 2    Section 8.21 as follows:
 3        (30 ILCS 805/8.21 new)
 4        Sec.  8.21.  Exempt  mandate.  Notwithstanding Sections 6
 5    and 8 of this Act, no reimbursement by the State is  required
 6    for  the  implementation  of  any  mandate  created  by  this
 7    amendatory Act of 1997.
 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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