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Public Act 101-0228
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| HB0303 Enrolled | LRB101 04585 AWJ 49593 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Local Government Wage Increase Transparency |
Act is amended by changing Section 5 as follows:
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(50 ILCS 155/5)
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Sec. 5. Disclosure of certain wage increases made to |
employees under Article 7 of the Illinois Pension Code. |
(a) This Section applies only to a participating employee |
under Article 7 of the Illinois Pension Code (IMRF) who began |
participation before January 1, 2011 and who is not subject to |
a collective bargaining agreement with respect to the |
employment upon which the participation is based. |
(b) The definitions in Article 7 of the Illinois Pension |
Code also apply to this Section. |
As used in this Section, "disclosable payment" means a |
payment, whether in the form of an increase in the rate of |
earnings or a lump-sum payment, that: |
(1) would be made by a participating employer to a |
participating employee after the employee has expressed to |
the employer his or her intent to retire or withdraw from |
service; |
(2) would have the effect of increasing the employee's |
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reportable monthly earnings from that employer by more than |
6% compared to the previous month; and |
(3) would be made between 12 months and 90 days prior |
to the employee's expected termination of service. |
"Disclosable payment" also includes accumulated sick |
leave. |
However, "disclosable payment" does not include a refund of |
contributions or any payment required to be paid by State or |
federal law. |
(c) A disclosable payment shall not be made or payable |
unless the governing body of that participating employer has |
first discussed the specific payment to be made at a meeting |
open to the public and posted and held in accordance with the |
requirements of the Open Meetings Act. At the meeting, the |
governing body shall, at a minimum, disclose (1) the identity |
of the employee, (2) the purpose and amount of the increase or |
payment, (3) the proposed retirement date, (4) the effect of |
the payment upon the expected retirement annuity of the |
employee, and (5) the effect of the payment upon the liability |
of the employer to the Article 7 Fund. |
(d) The determination of whether the disclosable payment is |
permissible under this Section shall rest exclusively with the |
employer. |
(e) A participating employer may not make a disclosable |
payment to an employee in a manner inconsistent with this |
Section. This Section is a denial and limitation of home rule |