State of Illinois
92nd General Assembly
Legislation

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92_HB2142

 
                                              LRB9206484EGfgA

 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 17-121 as follows:

 6        (40 ILCS 5/17-121) (from Ch. 108 1/2, par. 17-121)
 7        Sec.   17-121.   Survivor's  and  Children's  pensions  -
 8    Eligibility.  A  surviving  spouse  of  a  teacher  shall  be
 9    entitled  to  a  survivor's pension only if he was married to
10    the contributor for at least 1 1/2 years immediately prior to
11    his death or retirement, whichever first occurs, and also  on
12    the date of the last termination of his service.
13        If  the surviving spouse is under age 50 and there are no
14    eligible minor children born to or  legally  adopted  by  the
15    contributor   and   his  surviving  spouse,  payment  of  the
16    survivor's pension shall  begin  when  the  surviving  spouse
17    attains age 50.
18        Remarriage  of the surviving spouse prior to September 1,
19    1983  while  in  receipt  of  a  survivor's   pension   shall
20    permanently  terminate  payment  thereof,  regardless  of any
21    subsequent  change  in  marital  status;  however,  beginning
22    September 1, 1983, remarriage of  a  surviving  spouse  after
23    attainment  of  age  55  shall  not  terminate the survivor's
24    pension.
25        A surviving spouse whose pension  was  terminated  on  or
26    after September 1, 1983 due to remarriage after attainment of
27    age  55,  and  who  applies for reinstatement of that pension
28    before January 1, 1990, shall be entitled to have the pension
29    reinstated effective January 1, 1990.
30        A surviving spouse of a member or  annuitant  under  this
31    Fund who is also a dependent beneficiary under the provisions
 
                            -2-               LRB9206484EGfgA
 1    of  Section  16-140  is  eligible for a reciprocal survivor's
 2    pension, provided  that  any  refund  of  survivor's  pension
 3    contributions  is  repaid to the Fund and application is made
 4    within 30 days after the effective date  of  this  amendatory
 5    Act of the 92nd General Assembly.
 6    (Source: P.A. 86-273.)

 7        Section  90.  The State Mandates Act is amended by adding
 8    Section 8.25 as follows:

 9        (30 ILCS 805/8.25 new)
10        Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
11    and  8 of this Act, no reimbursement by the State is required
12    for  the  implementation  of  any  mandate  created  by  this
13    amendatory Act of the 92nd General Assembly.

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

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