Sen. Denny Jacobs
Filed: 4/22/2004
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1 | AMENDMENT TO HOUSE BILL 378
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2 | AMENDMENT NO. ______. Amend House Bill 378 on page 1, by | ||||||
3 | replacing all of line 5 with the following:
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4 | "Sections 6-142 and 6-210.1 as follows:
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5 | (40 ILCS 5/6-142)
(from Ch. 108 1/2, par. 6-142)
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6 | Sec. 6-142. Wives and widows not entitled to annuities.
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7 | (A) Except as provided in subsection (B), the following | ||||||
8 | wives
or widows have no right to annuity from the fund:
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9 | (a) A wife or widow married subsequent to the effective | ||||||
10 | date of a
fireman who dies in service if she was not | ||||||
11 | married to him before he
attained age 63;
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12 | (b) A wife or widow of a fireman who withdraws, whether | ||||||
13 | or not he
enters upon annuity, and dies while out of | ||||||
14 | service, if the marriage
occurred after the effective date | ||||||
15 | and she was not his wife while he was
in service and before | ||||||
16 | he attained age 63;
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17 | (c) A wife or widow of a fireman who (1) has served 10 | ||||||
18 | or more
years, (2) dies out of service after he has | ||||||
19 | withdrawn from service, and
(3) has withdrawn or applied | ||||||
20 | for refund of the sums to his credit for
annuity to which | ||||||
21 | he had a right to refund;
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22 | (d) A wife or widow of a fireman who dies out of | ||||||
23 | service after he
has withdrawn before age 63, and who has | ||||||
24 | not served at least 10 years;
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25 | (e) A wife whose marriage was dissolved or widow of a |
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1 | fireman whose
judgment of dissolution of marriage from her | ||||||
2 | fireman husband is annulled,
vacated or set aside by | ||||||
3 | proceedings in court subsequent to the death of the
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4 | fireman, unless (1) such proceedings are filed within 5 | ||||||
5 | years after the date
of the dissolution of marriage and | ||||||
6 | within one year after the death of the
fireman and (2) the | ||||||
7 | board is made a party to the proceedings;
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8 | (f) A wife or widow who married the fireman while he | ||||||
9 | was in receipt
of disability benefit or disability pension | ||||||
10 | from this fund, unless he
returned to the service | ||||||
11 | subsequent to the marriage and remained therein
for a | ||||||
12 | period or periods aggregating one year, or died while in | ||||||
13 | service.
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14 | (B) Beginning on January 16, 2004
the effective date of | ||||||
15 | this amendatory Act of the
93rd General Assembly , the | ||||||
16 | limitation on marriage after withdrawal
under subdivision | ||||||
17 | (A)(b) and the limitation on marriage during disability
under | ||||||
18 | subdivision (A)(f) no longer apply to a widow who was married | ||||||
19 | to the
deceased fireman before the fireman begins to receive a | ||||||
20 | retirement annuity
and for at least one year immediately | ||||||
21 | preceding the date of death, regardless
of whether the deceased | ||||||
22 | fireman is in service on or after the effective date
of Public | ||||||
23 | Act 93-654 or this amendatory Act of the 93rd General Assembly; | ||||||
24 | except that this
subsection (B) does not apply to the widow of | ||||||
25 | a fireman who received a refund
of contributions for widow's | ||||||
26 | annuity under Section 6-160, unless the refund
is repaid to the | ||||||
27 | Fund, with interest at the rate of 4% per year, compounded
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28 | annually, from the date of the refund to the date of repayment. | ||||||
29 | If the widow
of a fireman who died before January 16, 2004
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30 | the effective date of this amendatory Act becomes
eligible for | ||||||
31 | a widow's annuity because of Public Act 93-654
this amendatory | ||||||
32 | Act , the annuity
shall begin to accrue on the date of | ||||||
33 | application for the annuity, but in no
event sooner than | ||||||
34 | January 16, 2004
the effective date of this amendatory Act . |
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1 | The changes to this Section made by this amendatory Act of | ||||||
2 | the 93rd General Assembly apply without regard to whether the | ||||||
3 | deceased fireman was in service on or after its effective date. | ||||||
4 | If the widow
of a fireman who died before the effective date of | ||||||
5 | this amendatory Act of the 93rd General Assembly becomes
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6 | eligible for a widow's annuity because of this amendatory Act, | ||||||
7 | the annuity
shall begin to accrue on the date of application | ||||||
8 | for the annuity, but in no
event sooner than January 16, 2004.
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9 | (Source: P.A. 93-654, eff. 1-16-04.)".
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