94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1225


 
Introduced 2/18/2005, by Sen. Frank C. Watson
 
SYNOPSIS AS INTRODUCED:
 		















40 ILCS 5/3-120
  from Ch. 108 1/2, par. 3-120



30 ILCS 805/8.29 new










    Amends the Downstate Police Article of the Illinois Pension Code. Provides that the surviving spouse of a police officer shall
not be disqualified from receiving a survivor's pension if the
surviving spouse was married to the
deceased police officer for at least one year immediately preceding the date of death, regardless
of whether the deceased police officer is still in service. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
















LRB094 10869 AMC 41404 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB1225

LRB094 10869 AMC 41404 b






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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 
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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 
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any pension
under this Article (other than a pension 
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established under Section 3-109.3) and dies less than 12 months 
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after the date of marriage,
the surviving spouse and the 
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children of such surviving
spouse shall receive no pension on 
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the death of the officer, except as
provided in subsection (b) 
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or (c).

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    (b) Notwithstanding Section 1-103.1 of this Code, this 
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Section shall
not be deemed to disqualify from receiving a 
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survivor's pension the
surviving spouse and children of any 
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police officer who (i) retired from
service in 1973, married 
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the surviving spouse during 1974, and died in
1988, or (ii) 
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retired on disability in October of 1982, married the
surviving 
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spouse during 1991, and died in 1992.  In the case of a person

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who becomes eligible for a benefit under this subsection (b), 
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the benefit
shall begin to accrue on July 1, 1990 or July 1 of 
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the year following the
police officer's death, whichever is 
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later.

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    (c) Beginning on the effective date of this amendatory Act 
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of the
94th General Assembly, this Section shall
no longer 
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disqualify from receiving a pension the
surviving spouse of any 
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police officer who married the deceased police officer after 
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his or her retirement on pension, but was married to the

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deceased police officer for at least one year immediately 
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preceding the date of death, regardless
of whether the deceased 
 


 






SB1225
- 2 -
LRB094 10869 AMC 41404 b




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police officer is in service or is receiving a retirement 
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pension on or after the effective date
of this amendatory Act 
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of the 94th General Assembly; except that this
subsection (c) 
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does not apply to the surviving spouse of a police officer who 
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received a refund
of contributions under Section 3-124.  If the 
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surviving spouse
of a police officer who died before the 
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effective date of this amendatory Act becomes
eligible for a 
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pension because of this amendatory Act, that pension
shall 
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begin to accrue on the date of the surviving spouse's 
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application for the pension, but in no
event sooner than the 
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effective date of this amendatory Act.
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(Source: P.A. 91-939, eff. 2-1-01.)

 
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    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.