093_HB2565

 
                                     LRB093 10760 EFG 11155 b

 1        AN ACT in relation to 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
12    pension on the death of the officer, except  as  provided  in
13    subsection (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
21    of  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
24    death, whichever is later.
25        (c)  Beginning January 1, 2004,  this  Section  does  not
26    disqualify  the  surviving  spouse  and  children of a police
27    officer from receiving a survivor's pension if the  surviving
28    spouse  was  married  to  the police officer for at least one
29    year  immediately  preceding  the  officer's   death.    This
30    subsection  applies  without  regard  to whether the deceased
31    police officer was in service on or after the effective  date
 
                            -2-      LRB093 10760 EFG 11155 b
 1    of  this amendatory Act of the 93rd General Assembly.  In the
 2    case of a  person  who  becomes  eligible  for  a  survivor's
 3    pension  under  this  subsection  because  of  the death of a
 4    police officer who  died  before  that  effective  date,  the
 5    pension  shall  begin to accrue on the first day of the month
 6    following the month in which an application for that  pension
 7    is received by the Board, but in no event sooner than January
 8    1, 2004, and in no event before the repayment, with interest,
 9    of  any  refund of contributions previously received from the
10    fund.
11    (Source: P.A. 91-939, eff. 2-1-01.)

12        Section 90.  The State Mandates Act is amended by  adding
13    Section 8.27 as follows:

14        (30 ILCS 805/8.27 new)
15        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
16    and 8 of this Act, no reimbursement by the State is  required
17    for  the  implementation  of  any  mandate  created  by  this
18    amendatory Act of the 93rd General Assembly.

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