HB0378sam003 93RD GENERAL ASSEMBLY

Sen. Frank C. Watson

Filed: 5/11/2004

09300HB0378sam003 LRB093 03957 EFG 50888 a

AMENDMENT TO HOUSE BILL 378

AMENDMENT NO. ______. Amend House Bill 378, AS AMENDED, in the introductory portion of Section 5, before "6-142", by inserting "3-120,"; and

in the body of Section 5, before the beginning of Sec. 6-142, by inserting the following:

"(40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)

Sec. 3-120. Marriage after retirement.

(a) If a police officer marries subsequent to retirement on any pension under this Article (other than a pension established under Section 3-109.3) and dies less than 12 months after the date of marriage, the surviving spouse and the children of such surviving spouse shall receive no pension on the death of the officer, except as provided in subsection (b) or (c).

(b) Notwithstanding Section 1-103.1 of this Code, this Section shall not be deemed to disqualify from receiving a survivor's pension the surviving spouse and children of any police officer who (i) retired from service in 1973, married the surviving spouse during 1974, and died in 1988, or (ii) retired on disability in October of 1982, married the surviving spouse during 1991, and died in 1992. In the case of a person who becomes eligible for a benefit under this subsection (b), the benefit shall begin to accrue on July 1, 1990 or July 1 of the year following the police officer's death, whichever is later.

(c) Beginning on the effective date of this amendatory Act of the 93rd General Assembly, this Section shall no longer disqualify from receiving a pension the surviving spouse of any police officer who married the deceased police officer after his or her retirement on pension, but was married to the deceased police officer for at least one year immediately preceding the date of death, regardless of whether the deceased police officer is in service or is receiving a retirement pension on or after the effective date of this amendatory Act of the 93rd General Assembly; except that this subsection (c) does not apply to the surviving spouse of a police officer who received a refund of contributions under Section 3-124. If the surviving spouse of a police officer who died before the effective date of this amendatory Act becomes eligible for a pension because of this amendatory Act, that pension shall begin to accrue on the date of the surviving spouse's application for the pension, but in no event sooner than the effective date of this amendatory Act.

(Source: P.A. 91-939, eff. 2-1-01.)".