State of Illinois
91st General Assembly
Legislation

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91_SB1530

 
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 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20    or more years, (2) dies out of service after he has withdrawn
21    from service, and (3) has withdrawn or applied for refund  of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25    after  he has withdrawn before age 63, and who has not served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.

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