97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4097
 
Introduced , by Rep. Michael P. McAuliffe
 
SYNOPSIS AS INTRODUCED:
 

 
40 ILCS 5/5-137.1 new
30 ILCS 805/8.36 new

     Amends the Chicago Police Article of the Illinois Pension Code.  Provides for payment of a widow's annuity to  an individual engaged to be married to (or to be joined in a civil union with) a policeman who dies in service on or after December 1, 2011.  Requires a person making a claim for this benefit to produce clear and convincing evidence at a hearing before the Board that he or she was actually engaged to the policeman at the time of the policeman's death.   Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
  


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
 
 
A BILL FOR
 

  
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1    AN ACT concerning public employee benefits.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Pension Code is amended  by adding 
5Section 5-137.1 as follows:
 
6    (40 ILCS 5/5-137.1 new)
7    Sec. 5-137.1. Widow's annuity - Death in service - Engaged 
8person. The annuity benefits set forth in Section 5-137 for 
9widows shall also apply to an individual who is engaged to be 
10married to (or to be joined in a civil union with) a present 
11employee or future entrant who dies in service on or after 
12December 1, 2011.
13    A person making a claim for benefits under this Section 
14must produce clear and convincing evidence at a hearing before 
15the Board that he or she was actually engaged to be married to 
16(or to be joined in a civil union with) the policeman at the 
17time of the policeman's death. The limitation of subdivision 
18(a) of Section 5-146 (requiring marriage for at least one year) 
19and any other provisions of this Article requiring marriage (or 
20civil union) as a condition of receiving a widow's annuity do 
21not apply to the granting of a widow's annuity to an engaged 
22person under this Section.
23    This Section is not limited under Section 1-103.1 to 
 
 
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1persons in service on or after the effective date of this 
2amendatory Act of the 97th General Assembly. 
 
3    Section 90. The State Mandates Act is amended by adding 
4Section 8.36 as follows:
 
5    (30 ILCS 805/8.36 new)
6    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 
7of this Act, no reimbursement by the State is required for the 
8implementation of any mandate created by this amendatory Act of 
9the 97th General Assembly.
 
 
10    Section 99. Effective date. This Act takes effect upon 
11becoming law.