HB5809 100TH GENERAL ASSEMBLY

LRB100 19090 RPS 34347 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5809

Introduced , by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

40 ILCS 5/6-160	from Ch. 108 1/2, par. 6-160
30 ILCS 805/8.42 new

Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that if a fireman is involved in a proceeding for a declaration of invalidity of marriage, legal separation, or dissolution of marriage at the time he or she withdraws or enters upon annuity, his or her contributions for widow's annuity shall be refunded, upon request and if consistent with the court's order, after the entry of the judgment declaring the invalidity of the marriage, the judgment for legal separation, or the judgment of dissolution of marriage. Provides that the changes made by the amendatory Act apply without regard to whether the fireman was in service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. 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 changing Section 6-160 as follows:

(40 ILCS 5/6-160) (from Ch. 108 1/2, par. 6-160)

Sec. 6-160. Refund - Widow's annuity contributions. When a fireman attains age 63 in service and is not then married, or when an unmarried fireman withdraws before age 63 and enters upon annuity, his or her contributions for widow's annuity shall then be refunded to him or her, upon request. If a fireman is involved in a proceeding for a declaration of invalidity of marriage, legal separation, or dissolution of marriage at the time he or she withdraws or enters upon annuity, his or her contributions for widow's annuity shall be refunded, upon request and if consistent with the court's order, after the entry of the judgment declaring the invalidity of the marriage, the judgment for legal separation, or the judgment of dissolution of marriage. A refund under this Section may be repaid as provided in Section 6-142(B).

Notwithstanding Section 1-103.1, the changes made by this amendatory Act of the 100th General Assembly apply without regard to whether the fireman was in service on or after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 93-654, eff. 1-16-04.)

Section 90. The State Mandates Act is amended by adding Section 8.42 as follows:

(30 ILCS 805/8.42 new)

Sec. 8.42. 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 100th General Assembly.

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