Gov Signs Hendon and Feigenholtz Legislation Protecting Rights of Adoptive Children

Source: Illinois Channel

SPRINGFIELD – Governor Rod R. Blagojevich today signed a new law to make sure children who are adopted receive the same benefits as biological children when a parent dies. House Bill 49, sponsored by State Representative Sara Feigenholtz (D-Chicago) and State Senator 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.

“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 Gov. 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 Rep. Feigenholtz. “Now adopted children have equal rights to benefits left behind after a parent passes away.”

“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 (DCFS), 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.

HB 49 goes into effect January 1, 2008.