96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3606


 
Introduced 2/24/2009, by Rep. Gary Hannig
 
SYNOPSIS AS INTRODUCED:
 		












40 ILCS 5/7-137.1
  from Ch. 108 1/2, par. 7-137.1




30 ILCS 805/8.33 new











    Amends the IMRF Article of the Illinois Pension Code.  In the provisions
allowing certain annuitants to hold elective office without participating in
the Fund or losing their retirement annuities, allows a separate election for
each term of office and requires that the person waive  his or her salary or stipend for that elective office.  Amends the State Mandates Act to require implementation
without reimbursement.  Effective immediately.
















LRB096 11400 AMC 21864 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB3606

LRB096 11400 AMC 21864 b






1
    AN ACT in relation to public employee benefits. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Illinois Pension Code is amended by changing 
5
Section
7-137.1 as follows:


 
6
    (40 ILCS 5/7-137.1)  (from Ch. 108 1/2, par. 7-137.1)

7
    Sec. 7-137.1. Elected officials.


8
    (a) A person holding an elective office who has elected
to 
9
participate in the Fund while in that office may revoke that 
10
election
and cease participating in the Fund by notifying the 
11
Board in writing
before January 1, 1992.


12
    Upon such revocation, the person shall forfeit all 
13
creditable service
earned while holding that office, and the 
14
Board shall refund to the person,
without interest, all 
15
employee contributions paid for the forfeited
creditable 
16
service.  The Board shall also refund or credit to the employing

17
municipality, without interest, the employer contributions 
18
relating to the
forfeited service, except those for death and 
19
disability.


20
    (b) Notwithstanding the provisions of Section 7-141 and 
21
Section 7-144, beginning
on the effective date of this 
22
amendatory Act of the 96th General Assembly, a person who holds 
23
an elective office and has not elected to
participate in the 
 


 






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1
Fund with respect to that term of office shall not be 
2
disqualified from receiving a
retirement annuity during that 
3
term of office
by reason of holding that
 office, provided that 
4
(i) the person waives his or her salary or stipend for that 
5
elective office and (ii) the annuity is not based on any 
6
credits received
for participating during
 that term of office. 
7
Notwithstanding the provisions of Sections 7-141 and 7-144, 
8
beginning
January 1, 1992, a person who holds an elective 
9
office and has not elected to
participate in the Fund with 
10
respect to that office (or has revoked
his election to 
11
participate with respect to that office under
subsection (a) of 
12
this Section) shall not be disqualified from receiving a

13
retirement annuity
by reason of holding
such office, provided 
14
that the annuity is not based on any credits received
for 
15
participating
while holding that office.


16
(Source: P.A. 87-740.)



 
17
    Section 90. The State Mandates Act is amended by adding 
18
Section 8.33 as follows:
 
19
    (30 ILCS 805/8.33 new)
20
    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
21
of this Act, no reimbursement by the State is required for the 
22
implementation of any mandate created by this amendatory Act of 
23
the 96th General Assembly.
 
24
    Section 99. Effective date. This Act takes effect upon 
 


 






HB3606
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1
becoming law.