Bill Text: IL HB0302 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Downstate Police Article of the Illinois Pension Code. Allows payment of a survivor's pension to the surviving spouse and children of a marriage occurring after retirement, if the surviving spouse and the deceased police officer were married for at least one year immediately preceding the date of death. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0302 Detail]

Download: Illinois-2009-HB0302-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0302 Introduced 1/23/2009, by Rep. Jay C. Hoffman SYNOPSIS AS INTRODUCED:
40 ILCS 5/3-120 from Ch. 108 1/2, par. 3-120
30 ILCS 805/8.33 new
Amends the Downstate Police Article of the Illinois Pension Code. Allows payment of a survivor's pension to the surviving spouse and children of a marriage occurring after retirement, if the surviving spouse and the deceased police officer were married for at least one year immediately preceding the date of death. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT in relation to public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Section 3-120 as follows:
(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, 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.

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(c) Beginning January 1, 2010, this Section does not
disqualify the surviving spouse and children of a police
officer from receiving a survivor's pension if the surviving
spouse was married to the police officer for at least one year
immediately preceding the officer's death. This subsection
applies without regard to whether the deceased police officer
was in service on or after the effective date of this
amendatory Act of the 96th General Assembly. In the case of a
person who becomes eligible for a survivor's pension under this
subsection because of the death of a police officer who died
before that effective date, the pension shall begin to accrue
on the first day of the month following the month in which an
application for that pension is received by the Board, but in
no event sooner than January 1, 2010, and in no event before
the repayment, with interest, of any refund of contributions
previously received from the fund.
(Source: P.A. 91-939, eff. 2-1-01.)
Section 90. The State Mandates Act is amended by adding
Section 8.33 as follows:
(30 ILCS 805/8.33 new)
Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 96th General Assembly.

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Section 99. Effective date. This Act takes effect upon