SB1539 95TH GENERAL ASSEMBLY

LRB095 10781 AMC 31024 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1539

Introduced 2/9/2007, by Sen. Frank C. Watson

SYNOPSIS AS INTRODUCED:

40 ILCS 5/3-120	from Ch. 108 1/2, par. 3-120
30 ILCS 805/8.31 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.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Section 3-120 as follows:

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

Sec. 3-120. Marriage after retirement.

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

(b) Notwithstanding Section 1-103.1 of this Code, this Section shall not be deemed to disqualify from receiving a survivor's pension the surviving spouse and children of any police officer who (i) retired from service in 1973, married the surviving spouse during 1974, and died in 1988, or (ii) retired on disability in October of 1982, married the surviving spouse during 1991, and died in 1992. In the case of a person who becomes eligible for a benefit under this subsection (b), the benefit shall begin to accrue on July 1, 1990 or July 1 of the year following the police officer's death, whichever is later.

(c) Beginning on the effective date of this amendatory Act of the 95th General Assembly, this Section shall no longer disqualify from receiving a pension the surviving spouse of any police officer who married the deceased police officer after his or her retirement on pension, but 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 in service or is receiving a retirement pension on or after the effective date of this amendatory Act of the 95th General Assembly; except that this subsection (c) does not apply to the surviving spouse of a police officer who received a refund of contributions under Section 3-124. If the surviving spouse of a police officer who died before the effective date of this amendatory Act becomes eligible for a pension because of this amendatory Act, that pension shall begin to accrue on the date of the surviving spouse's application for the pension, but in no event sooner than the effective date of this amendatory Act.

(Source: P.A. 91-939, eff. 2-1-01.)

Section 90. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

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