Illinois General Assembly - Full Text of HB4731
Illinois General Assembly

Previous General Assemblies

Full Text of HB4731  95th General Assembly



HB4731 Engrossed LRB095 17236 AMC 43296 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 adding
5 Section 17-121.1 as follows:
6     (40 ILCS 5/17-121.1 new)
7     Sec. 17-121.1. Domestic partner eligibility.
8     (a) Beginning July 1, 2008, an unmarried teacher may
9 designate a domestic partner by filing a written designation
10 with the Fund in the manner prescribed by the Fund. The Fund
11 may require reasonable evidence that the person designated
12 meets the qualifications set forth in subsection (c). Such a
13 designation is revocable at any time, but may not be made or
14 changed more than once in any 24-month period. The marriage of
15 a teacher automatically revokes any designation of a domestic
16 partner previously made by that teacher.
17     (b) The designated domestic partner of a teacher shall be
18 eligible to receive survivor and death benefits under this
19 Article in the same manner and subject to the same conditions
20 as a surviving spouse. For the purposes of determining
21 eligibility for those benefits, the date of designation of a
22 domestic partner shall be deemed the equivalent of the date of
23 marriage, and the revocation or change of a designation shall



HB4731 Engrossed - 2 - LRB095 17236 AMC 43296 b

1 be deemed the equivalent of termination of the marriage.
2 References in this Article and other applicable Articles of
3 this Code to a surviving spouse shall be deemed to include a
4 surviving designated domestic partner.
5     (c) "Domestic partner" means an individual of the same
6 gender as an unmarried teacher who (1) is involved with the
7 teacher in a long-term relationship of indefinite duration; (2)
8 has resided together with the teacher at the same address for
9 at least 12 months; (3) is not related to the teacher by blood
10 to a degree of closeness that would prohibit legal marriage in
11 the state in which they legally reside; (4) is not married to
12 any other person; and (5) has an exclusive mutual commitment to
13 the teacher in which they agree to be jointly responsible for
14 each other's common welfare and to share financial obligations.
15     Section 90. The State Mandates Act is amended by adding
16 Section 8.32 as follows:
17     (30 ILCS 805/8.32 new)
18     Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
19 of this Act, no reimbursement by the State is required for the
20 implementation of any mandate created by this amendatory Act of
21 the 95th General Assembly.
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.