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

HB5447 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5447

 

Introduced 1/31/2022, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-120  from Ch. 108 1/2, par. 3-120
30 ILCS 805/8.46 new

    Amends the Downstate Police Article of the Illinois Pension Code. In a provision that disqualifies a surviving spouse from receiving survivors benefits if the police officer marries after retirement, provides that the provision does not disqualify a surviving spouse from receiving a survivor's pension if (i) the police officer was married to the surviving spouse for at least 12 months prior to the death of the police officer and (ii) the surviving spouse has attained age 62. Provides that the benefit shall begin to accrue on the effective date of the amendatory Act or the first day of the month following the police officer's death, whichever is later. Provides that the benefits for such a surviving spouse shall terminate no later than 15 years after the benefits begin to accrue. Provides that the changes apply without regard to whether the police officer was in active service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement by the State.


LRB102 21821 RPS 30941 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5447LRB102 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- 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 12 months
5prior to the police officer's death and (ii) the surviving
6spouse has attained age 62. For a person who becomes eligible
7for a benefit under this subsection (c), the benefit shall
8begin to accrue on the effective date of this amendatory Act of
9the 102nd General Assembly or the first day of the month
10following the 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
18Assembly.
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- 3 -LRB102 21821 RPS 30941 b

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