HB5158eng 95TH GENERAL ASSEMBLY

HB5158 Engrossed LRB095 18253 AMC 44337 b

AN ACT in relation to public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Section 3-120 as follows:

(40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)

Sec. 3-120. Marriage after retirement.

(a) If a police officer marries subsequent to retirement on any pension under this Article other than a pension established under Section 3-109.3, the surviving spouse and the children of such surviving spouse shall receive no pension on the death of the officer, except as provided in subsection (b) or (c).

(b) Notwithstanding Section 1-103.1 of this Code, this Section shall not be deemed to disqualify from receiving a survivor's pension the surviving spouse and children of any police officer who (i) retired from service in 1973, married the surviving spouse during 1974, and died in 1988, or (ii) retired on disability in October of 1982, married the surviving spouse during 1991, and died in 1992. In the case of a person who becomes eligible for a benefit under this subsection (b), the benefit shall begin to accrue on July 1, 1990 or July 1 of the year following the police officer's death, whichever is later.

(c) Beginning January 1, 2009, this Section does not disqualify the surviving spouse and children of a police officer from receiving a survivor's pension if the surviving spouse was married to the police officer for at least one year immediately preceding the officer's death. This subsection applies without regard to whether the deceased police officer was in service on or after the effective date of this amendatory Act of the 95th General Assembly. In the case of a person who becomes eligible for a survivor's pension under this subsection because of the death of a police officer who died before that effective date, the pension shall begin to accrue on the first day of the month following the month in which an application for that pension is received by the Board, but in no event sooner than January 1, 2009, and in no event before the repayment, with interest, of any refund of contributions previously received from the fund.

(Source: P.A. 91-939, eff. 2-1-01.)

Section 90. The State Mandates Act is amended by adding Section 8.32 as follows:

(30 ILCS 805/8.32 new)

Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.

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