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Illinois adopted children to receive the same survivor benefits from
public plans as biological children
Adopted
children gain equal treatment when a parent dies
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[August 18, 2007]
SPRINGFIELD -- Gov. Rod R. Blagojevich
signed a law Friday to make sure children who are adopted receive
the same benefits as biological children when a parent dies.
House Bill 49, sponsored by state Rep. Sara Feigenholtz,
D-Chicago, and state Sen. Rickey R. Hendon, D-Chicago, ensures that
legally adopted children are entitled to the same benefits as
biological children when a parent dies and surviving children are
due benefits from public-sector pension plans.
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"Parents adopt a child into their home and hearts with the same love
and commitment that they give biological sons and daughters. It's
only fair that the state respects the permanent commitment these
families have made, by ensuring equal access to survivor's benefits
for these children," said Blagojevich. Child or survivor's
benefits are provided to minors if a parent dies in the line of duty
or after having served in a pension-eligible position for a certain
time. The bill amends 15 pension codes for state, municipal and
county employees; firefighters; police; judges; General Assembly
members; and employees of state universities, forest preserves and
park districts. Some of these codes denied benefits to adopted
children if the parent was over 50 at the time of the adoption or if
the parent dies within a certain time (such as one year) after the
adoption.
"A parent's love for a child remains the same no matter if that
child is adopted or is a biological child," said Feigenholtz, House
sponsor of the legislation. "Now adopted children have equal rights
to benefits left behind after a parent passes away."
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 "Adoptive families are forever families, and adopted children are
just as worthy of their parents' legacy as are biological children,"
said Erwin McEwen, acting director of the Illinois Department of
Children and Family Services, which supported the legislation. "The
signing of this bill ends an injustice."
The bill was inspired by a firefighter who had adopted two
children from China when he was over the age of 50, only to learn
that his children would not be eligible for survivor's benefits
under the current firefighter pension code.
House Bill 49 goes into effect Jan. 1, 2008.
[Text from file received from
the
Illinois Office of
Communication and Information]
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