| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning public employee benefits.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Illinois Pension Code is amended by | ||||||
| 5 | changing 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 | ||||||
| 9 | on any pension
under this Article other than a pension | ||||||
| 10 | established under Section 3-109.3,
the surviving spouse and | ||||||
| 11 | the children of such surviving
spouse shall receive no pension | ||||||
| 12 | on 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 | ||||||
| 15 | Section shall
not be deemed to disqualify from receiving a | ||||||
| 16 | survivor's pension the
surviving spouse and children of any | ||||||
| 17 | police officer who (i) retired from
service in 1973, married | ||||||
| 18 | the surviving spouse during 1974, and died in
1988, or (ii) | ||||||
| 19 | retired on disability in October of 1982, married the
| ||||||
| 20 | surviving spouse during 1991, and died in 1992. In the case of | ||||||
| 21 | a person
who becomes eligible for a benefit under this | ||||||
| 22 | subsection (b), the benefit
shall begin to accrue on July 1, | ||||||
| 23 | 1990 or July 1 of the year following the
police officer's | ||||||
| |||||||
| |||||||
| 1 | death, whichever is later.
| ||||||
| 2 | (c) This Section does not disqualify a surviving spouse | ||||||
| 3 | from receiving a survivor's pension if (i) the police officer | ||||||
| 4 | was married to the surviving spouse for at least 5 years prior | ||||||
| 5 | to the police officer's death and (ii) the surviving spouse | ||||||
| 6 | has attained age 62. For a person who becomes eligible for a | ||||||
| 7 | benefit under this subsection (c), the benefit shall begin to | ||||||
| 8 | accrue on the effective date of this amendatory Act of the | ||||||
| 9 | 102nd General Assembly or the first day of the month following | ||||||
| 10 | the police officer's death, whichever is later. | ||||||
| 11 | Notwithstanding any other provision of this Code, the benefits | ||||||
| 12 | for a surviving spouse who qualifies under this subsection | ||||||
| 13 | shall terminate no later than 15 years after the benefits | ||||||
| 14 | begin to accrue. For the purposes of Section 1-103.1 of this | ||||||
| 15 | Code, this subsection is applicable without regard to whether | ||||||
| 16 | the police officer was in active service on or after the | ||||||
| 17 | effective date of this amendatory Act of the 102nd General | ||||||
| 18 | Assembly. | ||||||
| 19 | (Source: P.A. 91-939, eff. 2-1-01.)
| ||||||
| 20 | Section 90. The State Mandates Act is amended by adding | ||||||
| 21 | Section 8.46 as follows: | ||||||
| 22 | (30 ILCS 805/8.46 new) | ||||||
| 23 | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | ||||||
| 24 | 8 of this Act, no reimbursement by the State is required for | ||||||
| |||||||
| |||||||
| 1 | the implementation of any mandate created by this amendatory | ||||||
| 2 | Act of the 102nd General Assembly.
| ||||||