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Sen. Deanna Demuzio
Filed: 4/29/2009
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09600HB0306sam001 |
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LRB096 02867 AMC 25848 a |
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| AMENDMENT TO HOUSE BILL 306
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| AMENDMENT NO. ______. Amend House Bill 306 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Section
7-137.1 as follows:
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| (40 ILCS 5/7-137.1) (from Ch. 108 1/2, par. 7-137.1)
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| Sec. 7-137.1. Elected officials.
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| (a) A person holding an elective office who has elected
to |
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| participate in the Fund while in that office may revoke that |
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| election
and cease participating in the Fund by notifying the |
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| Board in writing
before January 1, 1992.
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| Upon such revocation, the person shall forfeit all |
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| creditable service
earned while holding that office, and the |
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| Board shall refund to the person,
without interest, all |
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| employee contributions paid for the forfeited
creditable |
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| service. The Board shall also refund or credit to the employing
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09600HB0306sam001 |
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LRB096 02867 AMC 25848 a |
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| municipality, without interest, the employer contributions |
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| relating to the
forfeited service, except those for death and |
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| disability.
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| (b) Notwithstanding the provisions of Section 7-141 and |
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| Section 7-144, beginning
on the effective date of this |
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| amendatory Act of the 96th General Assembly, a person who holds |
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| an elective office and has not elected to
participate in the |
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| Fund with respect to that term of office shall not be |
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| disqualified from receiving a
retirement annuity during that |
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| term of office
by reason of holding that
office, provided that |
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| (i) the person waives his or her salary and stipend for that |
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| elective office and (ii) the annuity is not based on any |
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| credits received
for participating during
that term of office. |
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| Notwithstanding the provisions of Sections 7-141 and 7-144, |
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| beginning
January 1, 1992, a person who holds an elective |
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| office and has not elected to
participate in the Fund with |
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| respect to that office (or has revoked
his election to |
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| participate with respect to that office under
subsection (a) of |
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| this Section) shall not be disqualified from receiving a
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| retirement annuity
by reason of holding
such office, provided |
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| that the annuity is not based on any credits received
for |
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| participating
while holding that office.
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| (Source: P.A. 87-740.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.33 as follows: |