96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4870


 
Introduced 1/15/2010, by Rep. Deborah Mell
 
SYNOPSIS AS INTRODUCED:
 		







 




40 ILCS 5/17-121.1 new





30 ILCS 805/8.34 new











    Amends the Chicago Teacher Article of the Illinois Pension Code.
Allows a designated domestic partner to qualify as a surviving spouse for
purposes of survivor and death benefits.  Amends the State Mandates Act to
require implementation without reimbursement.  Effective immediately.
















LRB096 16365 AMC 31629 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4870

LRB096 16365 AMC 31629 b






1
    AN ACT concerning 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 adding 
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Section
17-121.1 as follows:


 
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    (40 ILCS 5/17-121.1 new)

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    Sec. 17-121.1. Domestic partner eligibility.

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    (a) Beginning July 1, 2010, an unmarried teacher may 
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designate a domestic
partner by filing a written designation 
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with the Fund in the manner prescribed
by the Fund.  The Fund 
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may require reasonable evidence that the person
designated 
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meets the qualifications set forth in subsection (c).  Such a

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designation is revocable at any time, but may not be made or 
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changed more than
once in any 24-month period.  The marriage of 
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a teacher automatically revokes
any designation of a domestic 
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partner previously made by that teacher.

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    (b) The designated domestic partner of a teacher shall be 
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eligible to
receive survivor and death benefits under this 
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Article in the same manner
and subject to the same conditions 
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as a surviving spouse.  For the purposes
of determining 
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eligibility for those benefits, the date of designation of a

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domestic partner shall be deemed the equivalent of the date of 
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marriage, and
the revocation or change of a designation shall 
 


 






HB4870
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LRB096 16365 AMC 31629 b




1
be deemed the equivalent of
termination of the marriage.  
2
References in this Article and other applicable
Articles of 
3
this Code to a surviving spouse shall be deemed to include a

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surviving designated domestic partner.

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    (c) "Domestic partner" means an individual of the same or 
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opposite gender as an
unmarried teacher who (1) is involved 
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with the teacher in a long-term
relationship of indefinite 
8
duration; (2) has resided together with the teacher
at the same 
9
address for at least 12 months; (3) is not related to the 
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teacher
by blood to a degree of closeness that would prohibit 
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legal marriage in the
state in which they legally reside; (4) 
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is not married to any other person;
and (5) has an exclusive 
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mutual commitment to the teacher in which they agree
to be 
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jointly responsible for each other's common welfare and to 
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share
financial obligations.



 
16
    Section 90. The State Mandates Act is amended by adding 
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Section 8.34 as follows:
 
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    (30 ILCS 805/8.34 new)
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    Sec. 8.34. 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 96th General Assembly.
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.