Text of IL HB 4857 (2010)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4857 Introduced 1/15/2010, by Rep. Greg Harris SYNOPSIS AS INTRODUCED: 40 ILCS 5/17-121.1 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. Effective immediately. LRB096 15479 AMC 30708 b FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT A BILL FOR HB4857 LRB096 15479 AMC 30708 b 1 AN ACT concerning 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, 2010, 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 HB4857 - 2 - LRB096 15479 AMC 30708 b 1 be deemed the equivalent of termination of the marriage. 2 References in this Article and other applicable Articles of 3 this Code to a surviving spouse shall be deemed to include a 4 surviving designated domestic partner. 5 (c) "Domestic partner" means an individual of the same 6 gender as an unmarried teacher who (1) is involved with the 7 teacher in a long-term relationship of indefinite duration; (2) 8 has resided together with the teacher at the same address for 9 at least 12 months; (3) is not related to the teacher by blood 10 to a degree of closeness that would prohibit legal marriage in 11 the state in which they legally reside; (4) is not married to 12 any other person; and (5) has an exclusive mutual commitment to 13 the teacher in which they agree to be jointly responsible for 14 each other's common welfare and to share financial obligations. 15 Section 99. Effective date. This Act takes effect upon 16