Text of IL SB 245 (2009)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0245 Introduced 2/4/2009, by Sen. Heather Steans - David Koehler SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-143.3 new 40 ILCS 5/17-121.1 new Amends the Downstate Teacher and the Chicago Teacher Articles 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 04389 AMC 14438 b FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT A BILL FOR SB0245 LRB096 04389 AMC 14438 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 Sections 16-143.3 and 17-121.1 as follows: 6 (40 ILCS 5/16-143.3 new) 7 Sec. 16-143.3. Domestic partner eligibility. 8 (a) Beginning July 1, 2009, an unmarried teacher may 9 designate a domestic partner by filing a written designation 10 with the System in the manner prescribed by the System. The 11 System may require reasonable evidence that the person 12 designated meets the qualifications set forth in subsection 13 (c). Such a designation is revocable at any time, but may not 14 be made or changed more than once in any 24-month period. The 15 marriage of a teacher automatically revokes any designation of 16 a domestic 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 SB0245 - 2 - LRB096 04389 AMC 14438 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 (40 ILCS 5/17-121.1 new) 16 Sec. 17-121.1. Domestic partner eligibility. 17 (a) Beginning July 1, 2009, an unmarried teacher may 18 designate a domestic partner by filing a written designation 19 with the Fund in the manner prescribed by the Fund. The Fund 20 may require reasonable evidence that the person designated 21 meets the qualifications set forth in subsection (c). Such a 22 designation is revocable at any time, but may not be made or 23 changed more than once in any 24-month period. The marriage of 24 a teacher automatically revokes any designation of a domestic 25 partner previously made by that teacher. SB0245 - 3 - LRB096 04389 AMC 14438 b 1 (b) The designated domestic partner of a teacher shall be 2 eligible to receive survivor and death benefits under this 3 Article in the same manner and subject to the same conditions 4 as a surviving spouse. For the purposes of determining 5 eligibility for those benefits, the date of designation of a 6 domestic partner shall be deemed the equivalent of the date of 7 marriage, and the revocation or change of a designation shall 8 be deemed the equivalent of termination of the marriage. 9 References in this Article and other applicable Articles of 10 this Code to a surviving spouse shall be deemed to include a 11 surviving designated domestic partner. 12 (c) "Domestic partner" means an individual of the same 13 gender as an unmarried teacher who (1) is involved with the 14 teacher in a long-term relationship of indefinite duration; (2) 15 has resided together with the teacher at the same address for 16 at least 12 months; (3) is not related to the teacher by blood 17 to a degree of closeness that would prohibit legal marriage in 18 the state in which they legally reside; (4) is not married to 19 any other person; and (5) has an exclusive mutual commitment to 20 the teacher in which they agree to be jointly responsible for 21 each other's common welfare and to share financial obligations. 22 Section 99. Effective date. This Act takes effect upon 23