Text of IL HB 4870 (2010)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4870 Introduced 1/15/2010, by Rep. Deborah Mell SYNOPSIS AS INTRODUCED: 40 ILCS 5/17-121.1 new 30 ILCS 805/8.34 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. LRB096 16365 AMC 31629 b FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT A BILL FOR HB4870 LRB096 16365 AMC 31629 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 HB4870 - 2 - LRB096 16365 AMC 31629 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 or 6 opposite gender as an unmarried teacher who (1) is involved 7 with the teacher in a long-term relationship of indefinite 8 duration; (2) has resided together with the teacher at the same 9 address for at least 12 months; (3) is not related to the 10 teacher by blood to a degree of closeness that would prohibit 11 legal marriage in the state in which they legally reside; (4) 12 is not married to any other person; and (5) has an exclusive 13 mutual commitment to the teacher in which they agree to be 14 jointly responsible for each other's common welfare and to 15 share financial obligations. 16 Section 90. The State Mandates Act is amended by adding 17 Section 8.34 as follows: 18 (30 ILCS 805/8.34 new) 19 Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 20 of this Act, no reimbursement by the State is required for the 21 implementation of any mandate created by this amendatory Act of 22 the 96th General Assembly. 23 Section 99. Effective date. This Act takes effect upon 24