94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5357


 
Introduced 01/26/06, by Rep. Julie Hamos
 
SYNOPSIS AS INTRODUCED:
 		













40 ILCS 5/16-143.3 new






30 ILCS 805/8.30 new










    Amends the Downstate 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 19274 AMC 54912 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5357

LRB094 19274 AMC 54912 b






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    AN ACT concerning public employee benefits.

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


 
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    Section 5. The Illinois Pension Code is amended  by adding 
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Section 16-143.3 as follows:
 
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    (40 ILCS 5/16-143.3  new)
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    Sec. 16-143.3. Domestic partner eligibility.
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    (a) Beginning July 1, 2006, an unmarried teacher may 
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designate a domestic
partner by filing a written designation 
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with the Fund in the manner prescribed
by the Fund.  The Fund 
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may require reasonable evidence that the person
designated 
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meets the qualifications set forth in subsection (c).  Such a

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

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

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

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surviving designated domestic partner.

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


 






HB5357
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LRB094 19274 AMC 54912 b




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

 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.30 as follows:
 
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    (30 ILCS 805/8.30 new)
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    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 94th General Assembly.
 

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