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91_HB3095
LRB9109817EGfg
1 AN ACT to amend the Illinois Pension Code and the State
2 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 Sections 6-142 and 6-143 as follows:
7 (40 ILCS 5/6-142) (from Ch. 108 1/2, par. 6-142)
8 Sec. 6-142. Wives and widows not entitled to annuities.
9 (A) Except as provided in subsection (B), the following
10 wives or widows have no right to annuity from the fund:
11 (a) A wife or widow married subsequent to the effective
12 date of a fireman who dies in service if she was not married
13 to him before he attained age 63;
14 (b) A wife or widow of a fireman who withdraws, whether
15 or not he enters upon annuity, and dies while out of service,
16 if the marriage occurred after the effective date and she was
17 not his wife while he was in service and before he attained
18 age 63;
19 (c) A wife or widow of a fireman who (1) has served 10
20 or more years, (2) dies out of service after he has withdrawn
21 from service, and (3) has withdrawn or applied for refund of
22 the sums to his credit for annuity to which he had a right to
23 refund;
24 (d) A wife or widow of a fireman who dies out of service
25 after he has withdrawn before age 63, and who has not served
26 at least 10 years;
27 (e) A wife whose marriage was dissolved or widow of a
28 fireman whose judgment of dissolution of marriage from her
29 fireman husband is annulled, vacated or set aside by
30 proceedings in court subsequent to the death of the fireman,
31 unless (1) such proceedings are filed within 5 years after
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1 the date of the dissolution of marriage and within one year
2 after the death of the fireman and (2) the board is made a
3 party to the proceedings;
4 (f) A wife or widow who married the fireman while he was
5 in receipt of disability benefit or disability pension from
6 this fund, unless he returned to the service subsequent to
7 the marriage and remained therein for a period or periods
8 aggregating one year, or died while in service.
9 (B) Beginning on the effective date of this amendatory
10 Act of the 91st General Assembly, the limitation on marriage
11 after withdrawal under subdivision (A)(b) and the limitation
12 on marriage during disability under subdivision (A)(f) no
13 longer apply to a widow who was married to the deceased
14 fireman before the fireman begins to receive a retirement
15 annuity and for at least one year immediately preceding the
16 date of death, regardless of whether the deceased fireman is
17 in service on or after the effective date of this amendatory
18 Act of the 91st General Assembly. If the widow of a fireman
19 who died before the effective date of this amendatory Act
20 becomes eligible for a widow's annuity because of this
21 amendatory Act, the annuity shall begin to accrue on the date
22 of application for the annuity, but in no event sooner than
23 the effective date of this amendatory Act.
24 (Source: P.A. 81-230.)
25 (40 ILCS 5/6-143) (from Ch. 108 1/2, par. 6-143)
26 Sec. 6-143. Widow's remarriage.
27 (a) Beginning on the effective date of this amendatory
28 Act of the 91st General Assembly, a widow's annuity shall no
29 longer be subject to termination or suspension under this
30 Section due to remarriage. Any widow's annuity that was
31 previously terminated or suspended under this Section by
32 reason of remarriage shall, upon application, be resumed as
33 of the date of the application, but in no event sooner than
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1 the effective date of this amendatory Act. The resumption
2 shall not be retroactive. This subsection (a) applies
3 regardless of whether or not the deceased fireman was in
4 service on or after the effective date of this amendatory
5 Act.
6 (b) This subsection (b) does not apply on or after the
7 effective date of this amendatory Act of the 91st General
8 Assembly.
9 Any annuity granted to a widow who remarries on or after
10 December 31, 1989 shall be suspended when she remarries,
11 unless (i) she remarries after attaining the age of 60
12 regardless of whether or not the deceased fireman was in
13 service on or after the effective date of this amendatory Act
14 of 1995 or (ii) she has been granted a Section 6-140 annuity
15 as the widow of a fireman killed in performance of duty. An
16 annuity suspended under this Section shall, upon application,
17 be resumed if the subsequent marriage ends by dissolution of
18 marriage, declaration of invalidity of marriage, or the death
19 of the husband; this resumption shall not be retroactive.
20 If a widow remarries after attaining age 60 or after she
21 has been granted an annuity under Section 6-140 and the
22 remarriage takes place after December 31, 1989, regardless of
23 whether or not the deceased fireman was in service on or
24 after the effective date of this amendatory Act of 1995, the
25 widow's annuity shall continue without interruption.
26 Any widow's annuity that was previously terminated by
27 reason of remarriage prior to December 31, 1989 or suspended
28 shall, upon application, be resumed, as of the date of the
29 application, if the subsequent marriage ended by dissolution
30 of marriage, declaration of invalidity of marriage, or the
31 death of the husband, regardless of whether or not the
32 deceased fireman was in service on the effective date of this
33 amendatory Act of 1995; this resumption shall not be
34 retroactive.
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1 When a widow dies, if she has not received, in the form
2 of an annuity, an amount equal to the accumulated employee
3 contributions for widow's annuity, the difference between
4 such accumulated contributions and the sum received by her,
5 along with any part of the accumulated contributions for age
6 and service annuity remaining in the fund at her death, shall
7 be refunded to the fireman's children, in equal parts to
8 each; except that if a child is less than age 18, the part of
9 any such amount that is required to pay an annuity to the
10 child shall be transferred to the child's annuity reserve.
11 If no children or descendants thereof survive the fireman,
12 the refund shall be paid to the estate of the fireman. In
13 making refunds under this Section, no interest shall be
14 considered upon either the total of annuity payments made or
15 the amounts subject to refund.
16 (Source: P.A. 89-136, eff. 7-14-95.)
17 Section 90. The State Mandates Act is amended by adding
18 Section 8.24 as follows:
19 (30 ILCS 805/8.24 new)
20 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
21 and 8 of this Act, no reimbursement by the State is required
22 for the implementation of any mandate created by this
23 amendatory Act of the 91st General Assembly.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.