Full Text of HB0227 94th General Assembly
HB0227sam001 94TH GENERAL ASSEMBLY
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Sen. James A. DeLeo
Filed: 5/27/2005
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09400HB0227sam001 |
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LRB094 05051 AMC 47252 a |
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| AMENDMENT TO HOUSE BILL 227
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| AMENDMENT NO. ______. Amend House Bill 227 on page 1, by | 3 |
| replacing line 5 with the following:
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| "Sections 8-152 and 14-104 and adding Section 8-152.1 as | 5 |
| 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. | 8 |
| Except as
provided in Section 8-152.1, the following widows or | 9 |
| former wives of
employees have no right to annuity from the | 10 |
| fund:
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| (a) The widow, married subsequent to the effective date, of | 12 |
| an
employee who dies in service if she was not married to him | 13 |
| before he
attained age 65;
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| (b) The widow, married subsequent to the effective date, of | 15 |
| an
employee who withdraws from service whether or not he enters | 16 |
| upon
annuity, and who dies while out of service, if she was not | 17 |
| 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 | 19 |
| service whose
death occurs out of and after he has withdrawn | 20 |
| from service, and who has
received a refund of his | 21 |
| contributions for
annuity purposes;
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| (d) The widow of an employee with less than 10 years of | 23 |
| service who
dies out of service after he has withdrawn from | 24 |
| service before he
attained age 60;
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| (e) The former wife of an employee whose judgment of |
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09400HB0227sam001 |
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LRB094 05051 AMC 47252 a |
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| dissolution of
marriage has been vacated or set aside after the | 2 |
| employee's death,
unless the proceedings to vacate or set aside | 3 |
| the judgment were filed in
court within 5 years after the entry | 4 |
| thereof and within one year after
the employee's death, and | 5 |
| unless the board is made a party defendant to
such proceedings.
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| (Source: P.A. 81-1536.)
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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 | 9 |
| for at
least 10 years. Notwithstanding Section 8-152 or any | 10 |
| other provision of this
Code to the contrary, if (1) a member | 11 |
| has a spouse who would have qualified for a minimum annuity for | 12 |
| widows under Section 8-150.1 at the time of the member's | 13 |
| retirement, (2) the qualifying spouse dies, (3) the member | 14 |
| subsequently remarries, and (4) the member does not receive a | 15 |
| refund under
Section 8-169, then the member's widow shall be | 16 |
| entitled to a widow's annuity
if (i) the member dies after May | 17 |
| 1, 2004 and before November 1, 2004 and (ii) the widow was | 18 |
| married to the member for at least the last 10 years prior to | 19 |
| the
member's death. A widow who elects to receive a widow's | 20 |
| annuity under this Section is thereafter ineligible to receive | 21 |
| any other survivor's benefit under this Article. A widow who is | 22 |
| receiving any survivor's benefit under this Article is | 23 |
| thereafter ineligible to receive a widow's annuity under this | 24 |
| Section. If a widow who is receiving a widow's annuity under | 25 |
| this Section remarries, then the benefits paid to that widow | 26 |
| shall be terminated effective on the last day of the month in | 27 |
| which the widow remarries. To establish credit under this | 28 |
| Section, the widow must apply to the Fund on or before July 1, | 29 |
| 2006. "; and
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| on page 5, immediately below line 35, by inserting the | 31 |
| following: |
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LRB094 05051 AMC 47252 a |
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| "Section 90. The State Mandates Act is amended by adding | 2 |
| 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 | 5 |
| of this
Act, no reimbursement by the State is required for the | 6 |
| implementation of
any mandate created by this amendatory Act of | 7 |
| the 94th General Assembly. ".
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