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90_SB0343
40 ILCS 5/3-120 from Ch. 108 1/2, par. 3-120
30 ILCS 805/8.21 new
Amends the Downstate Police Article of the Pension Code.
Allows payment of a survivor's benefit to the surviving
spouse (but not the children) of a marriage occurring after
retirement, if the death occurs after the effective date of
this amendatory Act. Amends the State Mandates Act to
require implementation without reimbursement. Effective
immediately.
LRB9002820EGfg
LRB9002820EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 3-120 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 3-120 as follows:
7 (40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)
8 Sec. 3-120. Marriage after retirement.
9 (a) If a police officer marries subsequent to retirement
10 on any pension under this Article and dies on or after the
11 effective date of this amendatory Act of 1997 (regardless of
12 whether the officer was in service on or after the effective
13 date of this amendatory Act of 1997), the date of the
14 marriage does not disqualify, the surviving spouse from
15 receiving the pension provided for in Section 3-112, but and
16 the children of the such surviving spouse shall receive no
17 pension as a result of on the death of the officer or the
18 surviving spouse, except as provided in subsection (b).
19 (b) Notwithstanding Section 1-103.1 of this Code, this
20 Section shall not be deemed to disqualify from receiving a
21 survivor's pension the surviving spouse and children of any
22 police officer who (i) retired from service in 1973, married
23 the surviving spouse during 1974, and died in 1988, or (ii)
24 retired on disability in October of 1982, married the
25 surviving spouse during 1991, and died in 1992. In the case
26 of a person who becomes eligible for a benefit under this
27 subsection (b), the benefit shall begin to accrue on July 1,
28 1990 or July 1 of the year following the police officer's
29 death, whichever is later.
30 (Source: P.A. 87-794; 87-1265.)
-2- LRB9002820EGfg
1 Section 90. The State Mandates Act is amended by adding
2 Section 8.21 as follows:
3 (30 ILCS 805/8.21 new)
4 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
5 and 8 of this Act, no reimbursement by the State is required
6 for the implementation of any mandate created by this
7 amendatory Act of 1997.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.
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