SB2822 96TH GENERAL ASSEMBLY

LRB096 17842 AMC 33210 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2822

Introduced 1/28/2010, by Sen. Heather Steans

SYNOPSIS AS INTRODUCED:

40 ILCS 5/1-155 new

Amends the Illinois Pension Code. Allows a designated domestic partner to qualify as a surviving spouse for purposes of survivor and death benefits. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning 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 adding Section 1-155 as follows:

(40 ILCS 5/1-155 new)

Sec. 1-155. Domestic partner eligibility.

(a) Beginning July 1, 2010, an unmarried participant of any pension fund or retirement system created under this Code may designate a domestic partner by filing a written designation with the pension fund or retirement system in the manner prescribed by the pension fund or retirement system. The pension fund or retirement system may require reasonable evidence that the person designated meets the definition of domestic partner set forth in subsection (c). Such a designation is revocable at any time, but may not be made or changed more than once in any 12-month period. The marriage of a participant automatically revokes any designation of a domestic partner previously made by that participant.

(b) The designated domestic partner of a participant shall be eligible to receive survivor and death benefits under this Code in the same manner and subject to the same conditions as a surviving spouse. For the purposes of determining eligibility for those benefits, the date of designation of a domestic partner shall be deemed the equivalent of the date of marriage, and the revocation or change of a designation shall be deemed the equivalent of termination of the marriage. References in this Code to a surviving spouse shall be deemed to include a surviving designated domestic partner.

(c) For the purposes of this Section:

"Domestic partner" means an individual of the same gender as an unmarried participant who (1) is at least 18 years of age; (2) is involved with the participant in a long-term relationship of indefinite duration; (3) has resided together with the participant at the same address for at least 12 months; (4) is not related to the participant by blood to a degree of closeness that would prohibit legal marriage in the state in which they legally reside; (5) is not married to any other person; and (6) has an exclusive mutual commitment to the participant in which they agree to be jointly responsible for each other's common welfare and to share financial obligations.

"Marriage" means a marriage under the laws of the State of Illinois.

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