Sen. Frank C. Watson
Filed: 5/11/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 378
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 378, AS AMENDED, in | ||||||
3 | the introductory portion of Section 5, before "6-142", by | ||||||
4 | inserting "3-120,"; and
| ||||||
5 | in the body of Section 5, before the beginning of Sec. 6-142, | ||||||
6 | by inserting the following:
| ||||||
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 on | ||||||
10 | any pension
under this Article ( other than a pension | ||||||
11 | established under Section 3-109.3 ) and dies less than 12 months | ||||||
12 | after the date of marriage ,
the surviving spouse and the | ||||||
13 | children of such surviving
spouse shall receive no pension on | ||||||
14 | the death of the officer, except as
provided in subsection (b) | ||||||
15 | or (c) .
| ||||||
16 | (b) Notwithstanding Section 1-103.1 of this Code, this | ||||||
17 | Section shall
not be deemed to disqualify from receiving a | ||||||
18 | survivor's pension the
surviving spouse and children of any | ||||||
19 | police officer who (i) retired from
service in 1973, married | ||||||
20 | the surviving spouse during 1974, and died in
1988, or (ii) | ||||||
21 | retired on disability in October of 1982, married the
surviving | ||||||
22 | spouse during 1991, and died in 1992. In the case of a person
| ||||||
23 | who becomes eligible for a benefit under this subsection (b), | ||||||
24 | the benefit
shall begin to accrue on July 1, 1990 or July 1 of |
| |||||||
| |||||||
1 | the year following the
police officer's death, whichever is | ||||||
2 | later.
| ||||||
3 | (c) Beginning on the effective date of this amendatory Act | ||||||
4 | of the
93rd General Assembly, this Section shall
no longer | ||||||
5 | disqualify from receiving a pension the
surviving spouse of any | ||||||
6 | police officer who married the deceased police officer after | ||||||
7 | his or her retirement on pension, but was married to the
| ||||||
8 | deceased police officer for at least one year immediately | ||||||
9 | preceding the date of death, regardless
of whether the deceased | ||||||
10 | police officer is in service or is receiving a retirement | ||||||
11 | pension on or after the effective date
of this amendatory Act | ||||||
12 | of the 93rd General Assembly; except that this
subsection (c) | ||||||
13 | does not apply to the surviving spouse of a police officer who | ||||||
14 | received a refund
of contributions under Section 3-124. If the | ||||||
15 | surviving spouse
of a police officer who died before the | ||||||
16 | effective date of this amendatory Act becomes
eligible for a | ||||||
17 | pension because of this amendatory Act, that pension
shall | ||||||
18 | begin to accrue on the date of the surviving spouse's | ||||||
19 | application for the pension, but in no
event sooner than the | ||||||
20 | effective date of this amendatory Act. | ||||||
21 | (Source: P.A. 91-939, eff. 2-1-01.)".
|