093_HB3204

 
                                     LRB093 10816 EFG 11253 b

 1        AN ACT in relation to public employee benefits.

 2        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
 5    adding Section 17-121.1 as follows:

 6        (40 ILCS 5/17-121.1 new)
 7        Sec. 17-121.1. Domestic partner eligibility.
 8        (a)  Beginning  July  1,  2003,  an unmarried teacher may
 9    designate a domestic partner by filing a written  designation
10    with the Fund in the manner prescribed by the Fund.  The Fund
11    may  require  reasonable  evidence that the person designated
12    meets the qualifications set forth in subsection (c).  Such a
13    designation is revocable at any time, but may not be made  or
14    changed  more than once in any 24-month period.  The marriage
15    of a teacher  automatically  revokes  any  designation  of  a
16    domestic partner previously made by that teacher.
17        (b)  The  designated  domestic partner of a teacher shall
18    be eligible to receive survivor and death benefits under this
19    Article in the same manner and subject to the same conditions
20    as a surviving  spouse.   For  the  purposes  of  determining
21    eligibility  for those benefits, the date of designation of a
22    domestic partner shall be deemed the equivalent of  the  date
23    of  marriage,  and  the revocation or change of a designation
24    shall  be  deemed  the  equivalent  of  termination  of   the
25    marriage.   References  in  this Article and other applicable
26    Articles of this Code to a surviving spouse shall  be  deemed
27    to include a surviving designated domestic partner.
28        (c)  "Domestic  partner"  means an individual of the same
29    gender as an unmarried teacher who (1) is involved  with  the
30    teacher  in  a long-term relationship of indefinite duration;
31    (2) has resided together with the teacher at the same address
 
                            -2-      LRB093 10816 EFG 11253 b
 1    for at least 12 months; (3) is not related to the teacher  by
 2    blood  to  a  degree  of  closeness that would prohibit legal
 3    marriage in the state in which they legally  reside;  (4)  is
 4    not  married  to  any  other person; and (5) has an exclusive
 5    mutual commitment to the teacher in which they  agree  to  be
 6    jointly  responsible  for  each other's common welfare and to
 7    share financial obligations.

 8        Section 90.  The State Mandates Act is amended by  adding
 9    Section 8.27 as follows:

10        (30 ILCS 805/8.27 new)
11        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
12    and 8 of this Act, no reimbursement by the State is  required
13    for  the  implementation  of  any  mandate  created  by  this
14    amendatory Act of the 93rd General Assembly.

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