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| Public Act 096-0216 |
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AN ACT concerning public employee benefits.
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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 Illinois Pension Code is amended by changing | ||||
Section 3-145 as follows:
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(40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
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Sec. 3-145. Referendum in municipalities less than 5,000. | ||||
(a) This Article
shall not be effective in any
municipality | ||||
having a population of less than 5,000 unless the
proposition | ||||
to adopt the Article is submitted
to and approved
by the voters | ||||
of the municipality in the manner herein provided.
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Whenever the electors of the municipality, equal in number | ||||
to 5% of
the number of legal votes cast at the last preceding | ||||
general municipal
election, petition the city, village or town | ||||
clerk to submit the proposition
whether
that municipality shall | ||||
adopt this Article, the officer to whom the
petition is | ||||
addressed shall certify the proposition to the proper election
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officials who shall submit the proposition in accordance
with | ||||
the general election law at a regular election in the | ||||
municipality
provided that notice of the referendum, if held
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before July 1, 1999,
has been given in accordance with the | ||||
provisions of Section
12-5
of the Election Code in effect at | ||||
the time of the bond referendum, at least
10 and not more than | ||||
45 days before the date of
the election, notwithstanding the | ||
time for publication otherwise imposed by
Section 12-5.
Notices | ||
required in connection with the submission of public questions
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on or after July 1, 1999 shall be as set forth in Section 12-5 | ||
of the Election
Code.
If the proposition is not adopted at
that | ||
election, it may be submitted in like manner at any regular | ||
election
thereafter. The
proposition shall be substantially in | ||
the following form:
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Shall the city (or village or
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incorporated town) of.... adopt YES
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Article 3 of the "Illinois Pension -----------------------
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Code", pertaining to the creation NO
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of a police pension fund?
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If a majority of the votes cast on the proposition
is for the | ||
proposition, this Article is adopted in that municipality.
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(b) For a period of 60 days after the effective date of | ||
this amendatory Act of the 96th General Assembly, if a | ||
municipality having a population of less than 5,000 has adopted | ||
this Article in accordance with the provisions of subsection | ||
(a), the municipality may elect to terminate participation | ||
under this Article if all of the following conditions are met: | ||
(1) An independent auditor certifies that the fund | ||
created under this Article has no liabilities and there are | ||
no members or participants in the fund and no beneficiaries | ||
entitled to benefits under the fund. | ||
(2) The corporate authorities of the municipality, by | ||
ordinance, approve the closing of the fund. | ||
If the conditions of this subsection (b) are met and the | ||
closed fund contains assets, those assets shall be transferred | ||
to the municipality for its general corporate purposes.
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If a municipality that terminates participation under this | ||
Article in accordance with this subsection (b) wants to | ||
reinstate the fund, then the proposition to re-adopt the | ||
Article must be submitted to and approved
by the voters of the | ||
municipality in the manner provided in subsection (a).
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(Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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