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| 1 | AN ACT concerning public employee benefits.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
| 5 | Section 3-120 as follows:
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| 6 | (40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)
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| 7 | Sec. 3-120. Marriage after retirement.
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| 8 | (a) If a police officer marries subsequent to retirement on | ||||||
| 9 | any pension
under this Article (other than a pension | ||||||
| 10 | established under Section 3-109.3) and dies less than 12 months | ||||||
| 11 | after the date of marriage,
the surviving spouse and the | ||||||
| 12 | children of such surviving
spouse shall receive no pension on | ||||||
| 13 | the death of the officer, except as
provided in subsection (b) | ||||||
| 14 | or (c).
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| 15 | (b) Notwithstanding Section 1-103.1 of this Code, this | ||||||
| 16 | Section shall
not be deemed to disqualify from receiving a | ||||||
| 17 | survivor's pension the
surviving spouse and children of any | ||||||
| 18 | police officer who (i) retired from
service in 1973, married | ||||||
| 19 | the surviving spouse during 1974, and died in
1988, or (ii) | ||||||
| 20 | retired on disability in October of 1982, married the
surviving | ||||||
| 21 | spouse during 1991, and died in 1992. In the case of a person
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| 22 | who becomes eligible for a benefit under this subsection (b), | ||||||
| 23 | the benefit
shall begin to accrue on July 1, 1990 or July 1 of | ||||||
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| 1 | the year following the
police officer's death, whichever is | ||||||
| 2 | later.
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| 3 | (c) Beginning on the effective date of this amendatory Act | ||||||
| 4 | of the
95th 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
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| 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 95th 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.)
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| 22 | Section 90. The State Mandates Act is amended by adding | ||||||
| 23 | Section 8.31 as follows: | ||||||
| 24 | (30 ILCS 805/8.31 new) | ||||||
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| 1 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 2 | of this Act, no reimbursement by the State is required for the | ||||||
| 3 | implementation of any mandate created by this amendatory Act of | ||||||
| 4 | the 95th General Assembly. | ||||||
| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.
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