94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4548


 
Introduced 1/11/2006, by Rep. Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:
 		














40 ILCS 5/17-121.1 new





30 ILCS 805/8.30 new










    Amends the Chicago Teacher Article of the Illinois Pension Code.
Allows a designated domestic partner to qualify as a surviving spouse for
purposes of survivor and death benefits.  Amends the State Mandates Act to
require implementation without reimbursement.  Effective immediately.
















LRB094 16219 AMC 51463 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4548

LRB094 16219 AMC 51463 b






1
    AN ACT in relation to public employee benefits. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Illinois Pension Code is amended by adding 
5
Section
17-121.1 as follows:


 
6
    (40 ILCS 5/17-121.1 new)

7
    Sec. 17-121.1. Domestic partner eligibility.

8
    (a) Beginning July 1, 2006, an unmarried teacher may 
9
designate a domestic
partner by filing a written designation 
10
with the Fund in the manner prescribed
by the Fund.  The Fund 
11
may require reasonable evidence that the person
designated 
12
meets the qualifications set forth in subsection (c).  Such a

13
designation is revocable at any time, but may not be made or 
14
changed more than
once in any 24-month period.  The marriage of 
15
a teacher automatically revokes
any designation of a domestic 
16
partner previously made by that teacher.

17
    (b) The designated domestic partner of a teacher shall be 
18
eligible to
receive survivor and death benefits under this 
19
Article in the same manner
and subject to the same conditions 
20
as a surviving spouse.  For the purposes
of determining 
21
eligibility for those benefits, the date of designation of a

22
domestic partner shall be deemed the equivalent of the date of 
23
marriage, and
the revocation or change of a designation shall 
24
be deemed the equivalent of
termination of the marriage.  
25
References in this Article and other applicable
Articles of 
26
this Code to a surviving spouse shall be deemed to include a

27
surviving designated domestic partner.

28
    (c) "Domestic partner" means an individual of the same 
29
gender as an
unmarried teacher who (1) is involved with the 
30
teacher in a long-term
relationship of indefinite duration; (2) 
31
has resided together with the teacher
at the same address for 
32
at least 12 months; (3) is not related to the teacher
by blood 
 


 






HB4548
- 2 -
LRB094 16219 AMC 51463 b




1
to a degree of closeness that would prohibit legal marriage in 
2
the
state in which they legally reside; (4) is not married to 
3
any other person;
and (5) has an exclusive mutual commitment to 
4
the teacher in which they agree
to be jointly responsible for 
5
each other's common welfare and to share
financial obligations.



 
6
    Section 90. The State Mandates Act is amended by adding 
7
Section 8.30 as
follows:


 
8
    (30 ILCS 805/8.30 new)

9
    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
10
of this
Act, no reimbursement by the State is required for the 
11
implementation of
any mandate created by this amendatory Act of 
12
the 94th General Assembly.

 
13
    Section 99. Effective date. This Act takes effect upon 
14
becoming law.