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| Public Act 102-0811 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by | ||||
changing Section 3-120 as follows:
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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 any pension
under this Article other than a pension | ||||
established under Section 3-109.3,
the surviving spouse and | ||||
the children of such surviving
spouse shall receive no pension | ||||
on the death of the officer, except as
provided in subsection | ||||
(b) or (c).
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(b) Notwithstanding Section 1-103.1 of this Code, this | ||||
Section shall
not be deemed to disqualify from receiving a | ||||
survivor's pension the
surviving spouse and children of any | ||||
police officer who (i) retired from
service in 1973, married | ||||
the surviving spouse during 1974, and died in
1988, or (ii) | ||||
retired on disability in October of 1982, married the
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surviving spouse during 1991, and died in 1992. In the case of | ||||
a person
who becomes eligible for a benefit under this | ||||
subsection (b), the benefit
shall begin to accrue on July 1, | ||||
1990 or July 1 of the year following the
police officer's | ||||
death, whichever is later.
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(c) This Section does not disqualify a surviving spouse | ||
from receiving a survivor's pension if (i) the police officer | ||
was married to the surviving spouse for at least 5 years prior | ||
to the police officer's death and (ii) the surviving spouse | ||
has attained age 62. For a person who becomes eligible for a | ||
benefit under this subsection (c), the benefit shall begin to | ||
accrue on the effective date of this amendatory Act of the | ||
102nd General Assembly or the first day of the month following | ||
the police officer's death, whichever is later. | ||
Notwithstanding any other provision of this Code, the benefits | ||
for a surviving spouse who qualifies under this subsection | ||
shall terminate no later than 15 years after the benefits | ||
begin to accrue. For the purposes of Section 1-103.1 of this | ||
Code, this subsection is applicable without regard to whether | ||
the police officer was in active service on or after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(Source: P.A. 91-939, eff. 2-1-01.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.46 as follows: | ||
(30 ILCS 805/8.46 new) | ||
Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | ||
8 of this Act, no reimbursement by the State is required for | ||
the implementation of any mandate created by this amendatory | ||
Act of the 102nd General Assembly.
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