State of Illinois
92nd General Assembly
Legislation

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92_HB3654

 
                                               LRB9209972EGfg

 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 3-120 as follows:

 6        (40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)
 7        Sec. 3-120.  Marriage after retirement.
 8        (a)  If a police officer marries subsequent to retirement
 9    on any pension under  this  Article,  other  than  a  pension
10    established  under  Section 3-109.3, the surviving spouse and
11    the children  of  such  surviving  spouse  shall  receive  no
12    pension  on  the  death of the officer, except as provided in
13    subsection (b) or (c).
14        (b)  Notwithstanding Section 1-103.1 of this  Code,  this
15    Section  shall  not  be deemed to disqualify from receiving a
16    survivor's pension the surviving spouse and children  of  any
17    police  officer who (i) retired from service in 1973, married
18    the surviving spouse during 1974, and died in 1988,  or  (ii)
19    retired  on  disability  in  October  of  1982,  married  the
20    surviving  spouse during 1991, and died in 1992.  In the case
21    of a person who becomes eligible for  a  benefit  under  this
22    subsection  (b), the benefit shall begin to accrue on July 1,
23    1990 or July 1 of the year  following  the  police  officer's
24    death, whichever is later.
25        (c)  Notwithstanding  Section  1-103.1 of this Code, this
26    Section does  not  disqualify  from  receiving  a  survivor's
27    pension  the  surviving  spouse  and  children  of any police
28    officer who dies on or after August 1,  2001,  provided  that
29    the surviving spouse was married to the police officer for at
30    least one year immediately prior to the date of death and, in
31    the   case  of  death  before  the  effective  date  of  this
 
                            -2-                LRB9209972EGfg
 1    amendatory Act of the 92nd General Assembly,  the  amount  of
 2    any  refund  paid  under Section 3-124 has been repaid to the
 3    Fund.
 4    (Source: P.A. 91-939, eff. 2-1-01.)

 5        Section 90.  The State Mandates Act is amended by  adding
 6    Section 8.26 as follows:

 7        (30 ILCS 805/8.26 new)
 8        Sec.  8.26.  Exempt  mandate.  Notwithstanding Sections 6
 9    and 8 of this Act, no reimbursement by the State is  required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 92nd General Assembly.

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

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