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

HB5809LRB100 19090 RPS 34347 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Section 6-160 as follows:
6 (40 ILCS 5/6-160) (from Ch. 108 1/2, par. 6-160)
7 Sec. 6-160. Refund - Widow's annuity contributions. When a
8fireman attains age 63 in service and is not then married, or
9when an unmarried fireman withdraws before age 63 and enters
10upon annuity, his or her contributions for widow's annuity
11shall then be refunded to him or her, upon request. If a
12fireman is involved in a proceeding for a declaration of
13invalidity of marriage, legal separation, or dissolution of
14marriage at the time he or she withdraws or enters upon
15annuity, his or her contributions for widow's annuity shall be
16refunded, upon request and if consistent with the court's
17order, after the entry of the judgment declaring the invalidity
18of the marriage, the judgment for legal separation, or the
19judgment of dissolution of marriage. A refund under this
20Section may be repaid as provided in Section 6-142(B).
21 Notwithstanding Section 1-103.1, the changes made by this
22amendatory Act of the 100th General Assembly apply without
23regard to whether the fireman was in service on or after the

HB5809- 2 -LRB100 19090 RPS 34347 b
1effective date of this amendatory Act of the 100th General
2Assembly.
3(Source: P.A. 93-654, eff. 1-16-04.)
4 Section 90. The State Mandates Act is amended by adding
5Section 8.42 as follows:
6 (30 ILCS 805/8.42 new)
7 Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
8of this Act, no reimbursement by the State is required for the
9implementation of any mandate created by this amendatory Act of
10the 100th General Assembly.
11 Section 99. Effective date. This Act takes effect upon
12becoming law.