Illinois General Assembly - Full Text of HB5447
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Full Text of HB5447  102nd General Assembly




HB5447 EnrolledLRB102 21821 RPS 30941 b

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
5changing Section 3-120 as follows:
6    (40 ILCS 5/3-120)  (from Ch. 108 1/2, par. 3-120)
7    Sec. 3-120. Marriage after retirement.
8    (a) If a police officer marries subsequent to retirement
9on any pension under this Article other than a pension
10established under Section 3-109.3, the surviving spouse and
11the children of such surviving spouse shall receive no pension
12on the death of the officer, except as provided in subsection
13(b) or (c).
14    (b) Notwithstanding Section 1-103.1 of this Code, this
15Section shall not be deemed to disqualify from receiving a
16survivor's pension the surviving spouse and children of any
17police officer who (i) retired from service in 1973, married
18the surviving spouse during 1974, and died in 1988, or (ii)
19retired on disability in October of 1982, married the
20surviving spouse during 1991, and died in 1992. In the case of
21a person who becomes eligible for a benefit under this
22subsection (b), the benefit shall begin to accrue on July 1,
231990 or July 1 of the year following the police officer's



HB5447 Enrolled- 2 -LRB102 21821 RPS 30941 b

1death, whichever is later.
2    (c) This Section does not disqualify a surviving spouse
3from receiving a survivor's pension if (i) the police officer
4was married to the surviving spouse for at least 5 years prior
5to the police officer's death and (ii) the surviving spouse
6has attained age 62. For a person who becomes eligible for a
7benefit under this subsection (c), the benefit shall begin to
8accrue on the effective date of this amendatory Act of the
9102nd General Assembly or the first day of the month following
10the police officer's death, whichever is later.
11Notwithstanding any other provision of this Code, the benefits
12for a surviving spouse who qualifies under this subsection
13shall terminate no later than 15 years after the benefits
14begin to accrue. For the purposes of Section 1-103.1 of this
15Code, this subsection is applicable without regard to whether
16the police officer was in active service on or after the
17effective date of this amendatory Act of the 102nd General
19(Source: P.A. 91-939, eff. 2-1-01.)
20    Section 90. The State Mandates Act is amended by adding
21Section 8.46 as follows:
22    (30 ILCS 805/8.46 new)
23    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
248 of this Act, no reimbursement by the State is required for



HB5447 Enrolled- 3 -LRB102 21821 RPS 30941 b

1the implementation of any mandate created by this amendatory
2Act of the 102nd General Assembly.