SB0027 Engrossed

LRB094 04055 AMC 34075 b






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    AN ACT concerning public employee benefits.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5.   The Illinois Pension Code is amended by 
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changing Section 8-152
and adding Section 8-152.1 as follows:


 



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    (40 ILCS 5/8-152)
  (from Ch. 108 1/2, par. 8-152)



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    Sec. 8-152. Widows or former wives not entitled to annuity. 
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Except as
provided in Section 8-152.1, the following widows or 
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former wives of
employees have no right to annuity from the 
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fund:

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    (a) The widow, married subsequent to the effective date, of 
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an
employee who dies in service if she was not married to him 
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before he
attained age 65;

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    (b) The widow, married subsequent to the effective date, of 
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an
employee who withdraws from service whether or not he enters 
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upon
annuity, and who dies while out of service, if she was not 
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his wife
while he was in service and before he attained age 65;

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    (c) The widow of an employee with 10 or more years of 
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service whose
death occurs out of and after he has withdrawn 
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from service, and who has
received a refund of his 
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contributions for
annuity purposes;

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    (d) The widow of an employee with less than 10 years of 
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service who
dies out of service after he has withdrawn from 
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service before he
attained age 60;

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    (e) The former wife of an employee whose judgment of 
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dissolution of
marriage has been vacated or set aside after the 
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employee's death,
unless the proceedings to vacate or set aside 
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the judgment were filed in
court within 5 years after the entry 
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thereof and within one year after
the employee's death, and 
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unless the board is made a party defendant to
such proceedings.

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(Source: P.A. 81-1536.)


 



 


 






SB0027 Engrossed
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LRB094 04055 AMC 34075 b




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    (40 ILCS 5/8-152.1 new)




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    Sec. 8-152.1. Widow's annuity for widow married to member 
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for at
least 10 years.  Notwithstanding Section 8-152 or any 
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other provision of this
Code to the contrary, if (1) a member 
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has a spouse who would have qualified for a minimum annuity for 
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widows under Section 8-150.1 at the time of the member's 
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retirement, (2) the qualifying spouse dies, (3) the member 
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subsequently remarries, and (4) the member does  not receive a 
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refund under
Section 8-169, then the member's widow shall be 
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entitled to a widow's annuity
if (i) the member dies after May 
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1, 2004 and before November 1, 2004 and (ii) the widow was 
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married to the member for at least the last 10 years prior to 
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the
member's death. A widow who elects to receive a widow's 
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annuity under this Section is thereafter ineligible to receive 
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any other survivor's benefit under this Article. A widow who is 
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receiving any survivor's benefit under this Article is 
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thereafter ineligible to receive a widow's annuity under this 
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Section. If a widow who is receiving a widow's annuity under 
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this Section remarries, then the benefits paid to that widow 
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shall be terminated effective on the last day of the month in 
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which the widow remarries. To establish credit under this 
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Section, the widow must apply to the Fund on or before July 1, 
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2006.



 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.29 as
follows:


 
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    (30 ILCS 805/8.29 new)

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    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this
Act, no reimbursement by the State is required for the 
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implementation of
any mandate created by this amendatory Act of 
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the 94th General Assembly.


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