94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0027


 
Introduced 1/26/2005, by Sen. James A. DeLeo
 
SYNOPSIS AS INTRODUCED:
 		



















40 ILCS 5/8-152  from Ch. 108 1/2, par. 8-152


40 ILCS 5/8-152.1 new




30 ILCS 805/8.29 new










    Amends the Chicago Municipal Article of the Illinois
Pension Code.  Provides that if (1) a member has a spouse who would have qualified for a minimum annuity for widows at the time of the member's retirement, (2) the qualifying spouse dies, (3) the member subsequently remarries, and (4) the member does not receive a
refund of widow's annuity deductions, then the member's widow shall be entitled to a
widow's annuity if (i) the member dies after May 1, 2004 and before November 1, 2004 and (ii) the widow was married to the member for at least the last
10 years prior to the member's death.  Provides that if a widow who is receiving a widow's annuity under the provisions of this amendatory Act of the 93rd General Assembly remarries, that widow's annuity shall be terminated. Requires application on or before July 1, 2006. Amends the State Mandates Act to require
implementation without reimbursement.  Effective immediately.
















LRB094 04055 AMC 34075 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB0027

LRB094 04055 AMC 34075 b






1
    AN ACT concerning 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 
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changing Section 8-152
and adding Section 8-152.1 as follows:


 



6
    (40 ILCS 5/8-152)
  (from Ch. 108 1/2, par. 8-152)



7
    Sec. 8-152. Widows or former wives not entitled to annuity. 
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Except as
provided in Section 8-152.1, the following widows or 
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former wives of
employees have no right to annuity from the 
10
fund:

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    (a) The widow, married subsequent to the effective date, of 
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an
employee who dies in service if she was not married to him 
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before he
attained age 65;

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    (b) The widow, married subsequent to the effective date, of 
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an
employee who withdraws from service whether or not he enters 
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upon
annuity, and who dies while out of service, if she was not 
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his wife
while he was in service and before he attained age 65;

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    (c) The widow of an employee with 10 or more years of 
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service whose
death occurs out of and after he has withdrawn 
20
from service, and who has
received a refund of his 
21
contributions for
annuity purposes;

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    (d) The widow of an employee with less than 10 years of 
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service who
dies out of service after he has withdrawn from 
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service before he
attained age 60;

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    (e) The former wife of an employee whose judgment of 
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dissolution of
marriage has been vacated or set aside after the 
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employee's death,
unless the proceedings to vacate or set aside 
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the judgment were filed in
court within 5 years after the entry 
29
thereof and within one year after
the employee's death, and 
30
unless the board is made a party defendant to
such proceedings.

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(Source: P.A. 81-1536.)


 



 


 






SB0027
- 2 -
LRB094 04055 AMC 34075 b




1
    (40 ILCS 5/8-152.1 new)




2
    Sec. 8-152.1. Widow's annuity for widow married to member 
3
for at
least 10 years.  Notwithstanding Section 8-152 or any 
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other provision of this
Code to the contrary, if (1) a member 
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has a spouse who would have qualified for a minimum annuity for 
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widows under Section 8-150.1 at the time of the member's 
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retirement, (2) the qualifying spouse dies, (3) the member 
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subsequently remarries, and (4) the member does  not receive a 
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refund under
Section 8-169, then the member's widow shall be 
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entitled to a widow's annuity
if (i) the member dies after May 
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1, 2004 and before November 1, 2004 and (ii) the widow was 
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married to the member for at least the last 10 years prior to 
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the
member's death. A widow who elects to receive a widow's 
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annuity under this Section is thereafter ineligible to receive 
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any other survivor's benefit under this Article. A widow who is 
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receiving any survivor's benefit under this Article is 
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thereafter ineligible to receive a widow's annuity under this 
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Section. If a widow who is receiving a widow's annuity under 
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this Section remarries, then the benefits paid to that widow 
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shall be terminated effective on the last day of the month in 
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which the widow remarries. To establish credit under this 
22
Section, the widow must apply to the Fund on or before July 1, 
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2006.



 
24
    Section 90. The State Mandates Act is amended by adding 
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Section 8.29 as
follows:


 
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    (30 ILCS 805/8.29 new)

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


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