Bill Text: IL HB4234 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the IMRF Article of the Illinois Pension Code. Makes a provision added by Public Act 87-850, providing survivor eligibility for certain spouses who were married during the member's retirement, apply to a member who retired before March 26, 1992 but dies on or after the effective date of this amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-02-04 - Added Co-Sponsor Rep. Lisa M. Dugan [HB4234 Detail]

Download: Illinois-2009-HB4234-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4234 Introduced 2/27/2009, by Rep. Ron Stephens SYNOPSIS AS INTRODUCED:
40 ILCS 5/7-154 from Ch. 108 1/2, par. 7-154
30 ILCS 805/8.33 new
Amends the IMRF Article of the Illinois Pension Code. Makes a provision added by Public Act 87-850, providing survivor eligibility for certain spouses who were married during the member's retirement, apply to a member who retired before March 26, 1992 but dies on or after the effective date of this amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB096 08835 AMC 18969 b
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 7-154 as follows:
(40 ILCS 5/7-154) (from Ch. 108 1/2, par. 7-154)
Sec. 7-154. Surviving spouse annuities - Eligibility.
(a) A surviving spouse annuity shall be payable to the
eligible surviving spouse of a participating employee, an
employee annuitant, or a person who on the date of death would
have been entitled to a retirement annuity, had he applied for
such annuity, and who dies at any time when a surviving spouse
annuity equals at least $5 per month, provided:
(1) The surviving spouse (i) was married to the
participating employee for at least one year on the date of
death, or (ii) was married to the annuitant or person
entitled to a retirement annuity for at least one year
prior to the date of termination of service, or (iii) was
married to the deceased annuitant for at least one year on
the date of the deceased annuitant's death, if at the time
of termination of service the deceased annuitant was
married for at least one year to a spouse who does not
survive the deceased annuitant. (Item (iii) applies to the

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spouses of annuitants who die on or after the effective
date of this amendatory Act of the 96th General Assembly,
notwithstanding whether the annuitant was in service on or
after that effective date or the effective date of Public
Act 87-850.)
(2) The male deceased employee annuitant or such other
person entitled to a retirement annuity had contributed to
this fund for surviving spouse annuity purposes for at
least 1 year or continuously since the effective date of
the participating municipality or participating
instrumentality.
(3) The female deceased employee annuitant or such
other person entitled to a retirement annuity was in
service on or after July 27, 1972, provided that the
annuity shall not be computed on the basis of any
retirement annuity effective before that date.
(4) If the employee dies before termination of service,
the employee did not exclude the spouse from any death
benefit or surviving spouse annuity pursuant to subsection
(b) of Section 7-118. A designation of beneficiary naming a
spouse and children jointly or a trust pursuant to
subsection (b) of Section 7-118 shall preclude payment of a
surviving spouse annuity.
(b) If a person is the spouse of a retiring participating
employee on the date of the initial payment of a retirement
annuity and is qualified to receive a surviving spouse annuity

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upon the death of the employee and the surviving spouse
contributions are not refunded to the employee, then a
surviving spouse annuity shall be payable to that person even
if the marriage to the employee is dissolved after that date.
(c) Eligibility of a surviving spouse shall be determined
as of the date of death. Only one surviving spouse annuity
shall be paid on account of the death of any employee.
(Source: P.A. 87-740; 87-850.)
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.
Section 99. Effective date. This Act takes effect upon