State of Illinois
92nd General Assembly
Legislation

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92_HB3136

 
                                               LRB9206537LDtm

 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 9-148 and adding Section 9-148.1 as follows:

 6        (40 ILCS 5/9-148) (from Ch. 108 1/2, par. 9-148)
 7        Sec. 9-148. Widows or  wives  not  entitled  to  annuity.
 8    Except  as  provided in Section 9-148.1, the following widows
 9    or wives of employees have no right to annuity from the fund:
10        (a)  The  widow  or  wife,  married  subsequent  to   the
11    effective date, of an employee who dies in service if she was
12    not married to him before he attained age 65;
13        (b)  The   widow  or  wife,  married  subsequent  to  the
14    effective date, of an employee  who  withdraws  from  service
15    whether or not he enters upon annuity, and who dies while out
16    of  service,  if she was not his wife while he was in service
17    and before he attained age 65;
18        (c)  The widow or wife of an employee  with  10  or  more
19    years  of  service whose death occurs out of and after he has
20    withdrawn from service, and who  has  received  a  refund  of
21    contributions for annuity purposes;
22        (d)  The  widow  or wife of an employee with less than 10
23    years of service  who  dies  out  of  service  after  he  has
24    withdrawn from service before he attained age 60.
25    (Source: P.A. 81-1536.)

26        (40 ILCS 5/9-148.1 new)
27        Sec. 9-148.1. Widow's annuity for widow married to member
28    for  at least one year.  Notwithstanding Section 9-148 or any
29    other provision of this Code to the contrary, if a member was
30    not married at the time  of  retirement,  but  married  after
 
                            -2-                LRB9206537LDtm
 1    retirement,  that  member's  widow  shall  be  entitled  to a
 2    widow's annuity if (1) the widow was married  to  the  member
 3    for  at  least the last year prior to the member's death; and
 4    (2) the widow repays to the Fund (i) an amount equal  to  the
 5    amount  of  any  refund  paid  to  the  member at the time of
 6    retirement pursuant  to  Section  9-165  plus  (ii)  interest
 7    thereon  from  the  date  of  the  refund  until  the time of
 8    repayment at the rate of 6% per year.

 9        Section 90.  The State Mandates Act is amended by  adding
10    Section 8.25 as follows:

11        (30 ILCS 805/8.25 new)
12        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
13    and 8 of this Act, no reimbursement by the State is  required
14    for  the  implementation  of  any  mandate  created  by  this
15    amendatory Act of the 92nd General Assembly.

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

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