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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 adding | ||||||
| 5 | Sections 16-143.3 and 17-121.1 as follows: | ||||||
| 6 | (40 ILCS 5/16-143.3 new)
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| 7 | Sec. 16-143.3. Domestic partner eligibility. | ||||||
| 8 | (a) Beginning July 1, 2007, an unmarried teacher may | ||||||
| 9 | designate a domestic
partner by filing a written designation | ||||||
| 10 | with the System in the manner prescribed
by the System. The | ||||||
| 11 | System may require reasonable evidence that the person
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| 12 | designated meets the qualifications set forth in subsection | ||||||
| 13 | (c). Such a
designation is revocable at any time, but may not | ||||||
| 14 | be made or changed more than
once in any 24-month period. The | ||||||
| 15 | marriage of a teacher automatically revokes
any designation of | ||||||
| 16 | a domestic partner previously made by that teacher.
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| 17 | (b) The designated domestic partner of a teacher shall be | ||||||
| 18 | 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
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| 22 | domestic partner shall be deemed the equivalent of the date of | ||||||
| 23 | marriage, and
the revocation or change of a designation shall | ||||||
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| 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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| 4 | surviving designated domestic partner. | ||||||
| 5 | (c) "Domestic partner" means an individual of the same | ||||||
| 6 | gender as an
unmarried teacher who (1) is involved with the | ||||||
| 7 | teacher in a long-term
relationship of indefinite duration; (2) | ||||||
| 8 | has resided together with the teacher
at the same address for | ||||||
| 9 | at least 12 months; (3) is not related to the teacher
by blood | ||||||
| 10 | to a degree of closeness that would prohibit legal marriage in | ||||||
| 11 | the
state in which they legally reside; (4) is not married to | ||||||
| 12 | any other person;
and (5) has an exclusive mutual commitment to | ||||||
| 13 | the teacher in which they agree
to be jointly responsible for | ||||||
| 14 | each other's common welfare and to share
financial obligations.
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| 15 | (40 ILCS 5/17-121.1 new)
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| 16 | Sec. 17-121.1. Domestic partner eligibility. | ||||||
| 17 | (a) Beginning July 1, 2007, an unmarried teacher may | ||||||
| 18 | designate a domestic
partner by filing a written designation | ||||||
| 19 | with the Fund in the manner prescribed
by the Fund. The Fund | ||||||
| 20 | may require reasonable evidence that the person
designated | ||||||
| 21 | meets the qualifications set forth in subsection (c). Such a
| ||||||
| 22 | designation is revocable at any time, but may not be made or | ||||||
| 23 | changed more than
once in any 24-month period. The marriage of | ||||||
| 24 | a teacher automatically revokes
any designation of a domestic | ||||||
| 25 | partner previously made by that teacher.
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| 1 | (b) The designated domestic partner of a teacher shall be | ||||||
| 2 | eligible to
receive survivor and death benefits under this | ||||||
| 3 | Article in the same manner
and subject to the same conditions | ||||||
| 4 | as a surviving spouse. For the purposes
of determining | ||||||
| 5 | eligibility for those benefits, the date of designation of a
| ||||||
| 6 | domestic partner shall be deemed the equivalent of the date of | ||||||
| 7 | marriage, and
the revocation or change of a designation shall | ||||||
| 8 | be deemed the equivalent of
termination of the marriage. | ||||||
| 9 | References in this Article and other applicable
Articles of | ||||||
| 10 | this Code to a surviving spouse shall be deemed to include a
| ||||||
| 11 | surviving designated domestic partner. | ||||||
| 12 | (c) "Domestic partner" means an individual of the same | ||||||
| 13 | gender as an
unmarried teacher who (1) is involved with the | ||||||
| 14 | teacher in a long-term
relationship of indefinite duration; (2) | ||||||
| 15 | has resided together with the teacher
at the same address for | ||||||
| 16 | at least 12 months; (3) is not related to the teacher
by blood | ||||||
| 17 | to a degree of closeness that would prohibit legal marriage in | ||||||
| 18 | the
state in which they legally reside; (4) is not married to | ||||||
| 19 | any other person;
and (5) has an exclusive mutual commitment to | ||||||
| 20 | the teacher in which they agree
to be jointly responsible for | ||||||
| 21 | each other's common welfare and to share
financial obligations.
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