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90_SB0343 40 ILCS 5/3-120 from Ch. 108 1/2, par. 3-120 30 ILCS 805/8.21 new Amends the Downstate Police Article of the Pension Code. Allows payment of a survivor's benefit to the surviving spouse (but not the children) of a marriage occurring after retirement, if the death occurs after the effective date of this amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB9002820EGfg LRB9002820EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Section 3-120 and to amend the State Mandates Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Pension Code is amended by 6 changing Section 3-120 as follows: 7 (40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120) 8 Sec. 3-120. Marriage after retirement. 9 (a) If a police officer marries subsequent to retirement 10 on any pension under this Article and dies on or after the 11 effective date of this amendatory Act of 1997 (regardless of 12 whether the officer was in service on or after the effective 13 date of this amendatory Act of 1997), the date of the 14 marriage does not disqualify,the surviving spouse from 15 receiving the pension provided for in Section 3-112, butand16 the children of thesuchsurviving spouse shall receive no 17 pension as a result ofonthe death of the officer or the 18 surviving spouse, except as provided in subsection (b). 19 (b) Notwithstanding Section 1-103.1 of this Code, this 20 Section shall not be deemed to disqualify from receiving a 21 survivor's pension the surviving spouse and children of any 22 police officer who (i) retired from service in 1973, married 23 the surviving spouse during 1974, and died in 1988, or (ii) 24 retired on disability in October of 1982, married the 25 surviving spouse during 1991, and died in 1992. In the case 26 of a person who becomes eligible for a benefit under this 27 subsection (b), the benefit shall begin to accrue on July 1, 28 1990 or July 1 of the year following the police officer's 29 death, whichever is later. 30 (Source: P.A. 87-794; 87-1265.) -2- LRB9002820EGfg 1 Section 90. The State Mandates Act is amended by adding 2 Section 8.21 as follows: 3 (30 ILCS 805/8.21 new) 4 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6 5 and 8 of this Act, no reimbursement by the State is required 6 for the implementation of any mandate created by this 7 amendatory Act of 1997. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.