Bill Text: IL HB5447 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Downstate Police Article of the Illinois Pension Code. In a provision that disqualifies a surviving spouse from receiving survivors benefits if the police officer marries after retirement, provides that the provision does not disqualify a surviving spouse from receiving a survivor's pension if (i) the police officer was married to the surviving spouse for at least 12 months prior to the death of the police officer and (ii) the surviving spouse has attained age 62. Provides that the benefit shall begin to accrue on the effective date of the amendatory Act or the first day of the month following the police officer's death, whichever is later. Provides that the benefits for such a surviving spouse shall terminate no later than 15 years after the benefits begin to accrue. Provides that the changes apply without regard to whether the police officer was in active service on or after the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement by the State.

Spectrum: Bipartisan Bill

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0811 [HB5447 Detail]

Download: Illinois-2021-HB5447-Chaptered.html

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Public Act 102-0811
HB5447 Enrolled LRB102 21821 RPS 30941 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 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.
(c) This Section does not disqualify a surviving spouse
from receiving a survivor's pension if (i) the police officer
was married to the surviving spouse for at least 5 years prior
to the police officer's death and (ii) the surviving spouse
has attained age 62. For a person who becomes eligible for a
benefit under this subsection (c), the benefit shall begin to
accrue on the effective date of this amendatory Act of the
102nd General Assembly or the first day of the month following
the police officer's death, whichever is later.
Notwithstanding any other provision of this Code, the benefits
for a surviving spouse who qualifies under this subsection
shall terminate no later than 15 years after the benefits
begin to accrue. For the purposes of Section 1-103.1 of this
Code, this subsection is applicable without regard to whether
the police officer was in active service on or after the
effective date of this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 91-939, eff. 2-1-01.)
Section 90. The State Mandates Act is amended by adding
Section 8.46 as follows:
(30 ILCS 805/8.46 new)
Sec. 8.46. 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 102nd General Assembly.