Bill Text: IL HB5809 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that if a fireman is involved in a proceeding for a declaration of invalidity of marriage, legal separation, or dissolution of marriage at the time he or she withdraws or enters upon annuity, his or her contributions for widow's annuity shall be refunded, upon request and if consistent with the court's order, after the entry of the judgment declaring the invalidity of the marriage, the judgment for legal separation, or the judgment of dissolution of marriage. Provides that the changes made by the amendatory Act apply without regard to whether the fireman was in service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5809 Detail]

Download: Illinois-2017-HB5809-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5809 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
40 ILCS 5/6-160 from Ch. 108 1/2, par. 6-160
30 ILCS 805/8.42 new
Amends the Chicago Firefighter Article of the Illinois Pension Code. Provides that if a fireman is involved in a proceeding for a declaration of invalidity of marriage, legal separation, or dissolution of marriage at the time he or she withdraws or enters upon annuity, his or her contributions for widow's annuity shall be refunded, upon request and if consistent with the court's order, after the entry of the judgment declaring the invalidity of the marriage, the judgment for legal separation, or the judgment of dissolution of marriage. Provides that the changes made by the amendatory Act apply without regard to whether the fireman was in service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB100 19090 RPS 34347 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB5809 LRB100 19090 RPS 34347 b
AN ACT concerning 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 6-160 as follows:
(40 ILCS 5/6-160) (from Ch. 108 1/2, par. 6-160)
Sec. 6-160. Refund - Widow's annuity contributions. When a
fireman attains age 63 in service and is not then married, or
when an unmarried fireman withdraws before age 63 and enters
upon annuity, his or her contributions for widow's annuity
shall then be refunded to him or her, upon request. If a
fireman is involved in a proceeding for a declaration of
invalidity of marriage, legal separation, or dissolution of
marriage at the time he or she withdraws or enters upon
annuity, his or her contributions for widow's annuity shall be
refunded, upon request and if consistent with the court's
order, after the entry of the judgment declaring the invalidity
of the marriage, the judgment for legal separation, or the
judgment of dissolution of marriage. A refund under this
Section may be repaid as provided in Section 6-142(B).
Notwithstanding Section 1-103.1, the changes made by this
amendatory Act of the 100th General Assembly apply without
regard to whether the fireman was in service on or after the

HB5809 - 2 - LRB100 19090 RPS 34347 b
effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 93-654, eff. 1-16-04.)
Section 90. The State Mandates Act is amended by adding
Section 8.42 as follows:
(30 ILCS 805/8.42 new)
Sec. 8.42. 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 100th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.