94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3764


 
Introduced 2/25/2005, by Rep. Michael K. Smith
 
SYNOPSIS AS INTRODUCED:
 		













40 ILCS 5/7-154
  from Ch. 108 1/2, par. 7-154




30 ILCS 805/8.29 new










    Amends the IMRF Article of the Illinois Pension Code.  Makes a
provision added by Public Act 87-850 (which provided survivor's benefit  eligibility for
certain spouses who were married during the member's retirement) apply to a
member who retired before March 26, 1992 but dies on or after the effective
date of this amendatory Act.  Amends the State Mandates Act to require
implementation without reimbursement.  Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB3764

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1
    AN ACT in relation to public employee benefits. 

 
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    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 changing 
5
Section
7-154 as follows:


 
6
    (40 ILCS 5/7-154)  (from Ch. 108 1/2, par. 7-154)

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    Sec. 7-154. Surviving spouse annuities - Eligibility.


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    (a) A surviving spouse annuity shall be payable to the 
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eligible
surviving spouse of a participating employee, an 
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employee annuitant, or a
person who on the date of death would 
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have been entitled to a retirement
annuity, had he applied for 
12
such annuity, and who dies at any time when a
surviving spouse 
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annuity equals at least $5 per month, provided:


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        (1) The surviving spouse (i) was married to the

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    participating employee for at least one year on the date of

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    death, or (ii) was married to the annuitant or person 
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    entitled to a
retirement annuity for at least one year 
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    prior to the date of
termination of service, or (iii) was 
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    married to the deceased annuitant
for at least one year on 
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    the date of the deceased annuitant's death, if at
the time 
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    of termination of service the deceased annuitant was 
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    married for
at least one year to a spouse who does not 
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    survive the deceased annuitant.
(Item (iii) applies to the 
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    spouses of annuitants who die on or after
the effective 
25
    date of this amendatory Act of the 94th General Assembly,

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    notwithstanding whether the annuitant was in service on or 
27
    after that
effective date or the effective date of Public 
28
    Act 87-850.)


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        (2) The male deceased employee annuitant or such other

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    person entitled to a retirement annuity had contributed to 
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    this fund for
surviving spouse annuity purposes for at 
32
    least 1 year or continuously since
the effective date of 
 


 






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1
    the participating municipality or participating

2
    instrumentality.


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        (3) The female deceased employee annuitant or such 
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    other
person entitled to a retirement annuity was in 
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    service on or after July 27,
1972, provided that the 
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    annuity shall not be computed on the basis of any

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    retirement annuity effective before that date.


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        (4) If the employee dies before termination of service,

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    the  employee did not exclude the spouse from any
death 
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    benefit or surviving spouse annuity pursuant to subsection 
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    (b) of
Section 7-118.  A designation of beneficiary naming a 
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    spouse and children
jointly or a trust pursuant to 
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    subsection (b) of Section 7-118 shall
preclude payment of a 
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    surviving spouse annuity.


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    (b) If a person is the spouse of a retiring participating

16
employee on the date of the initial payment of a retirement 
17
annuity and is
qualified to receive a surviving spouse annuity 
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upon the death of the
employee and the surviving spouse 
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contributions are not refunded to the
employee, then a 
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surviving spouse annuity shall be payable to that person
even 
21
if the marriage to the employee is dissolved after that date.


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    (c) Eligibility of a surviving spouse shall be determined 
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as of the
date of death.  Only one surviving spouse annuity 
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shall be paid on
account of the death of any employee.


25
(Source: P.A. 87-740; 87-850.)


 
26
    Section 90. The State Mandates Act is amended by adding 
27
Section 8.29 as
follows:


 
28
    (30 ILCS 805/8.29 new)

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    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 
30
of this
Act, no reimbursement by the State is required for the 
31
implementation of
any mandate created by this amendatory Act of 
32
the 94th General Assembly.

 
33
    Section 99. Effective date. This Act takes effect upon 
 


 






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1
becoming law.