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| 1 | AN ACT in relation to public employee benefits.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pension Code is amended by adding | ||||||
| 5 | Section
17-121.1 as follows:
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| 6 | (40 ILCS 5/17-121.1 new)
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| 7 | Sec. 17-121.1. Domestic partner eligibility.
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| 8 | (a) Beginning July 1, 2008, 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
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| 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 of | ||||||
| 15 | a teacher automatically revokes
any designation of a domestic | ||||||
| 16 | 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.
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| 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 | Section 90. The State Mandates Act is amended by adding | ||||||
| 16 | Section 8.32 as follows: | ||||||
| 17 | (30 ILCS 805/8.32 new) | ||||||
| 18 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 19 | of this Act, no reimbursement by the State is required for the | ||||||
| 20 | implementation of any mandate created by this amendatory Act of | ||||||
| 21 | the 95th General Assembly. | ||||||
| 22 | Section 99. Effective date. This Act takes effect upon | ||||||
| 23 | becoming law. | ||||||