Sen. David Koehler
Filed: 5/30/2009
|
|
|||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 3606
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 3606, AS AMENDED, | ||||||
| 3 | with reference to page and line numbers of Senate Amendment No. | ||||||
| 4 | 2, on page 1, line 6, after "4-109.1,", by inserting | ||||||
| 5 | "7-137.1,"; and | ||||||
| 6 | on page 8, immediately below line 2, by inserting the | ||||||
| 7 | following:
| ||||||
| 8 | "(40 ILCS 5/7-137.1) (from Ch. 108 1/2, par. 7-137.1)
| ||||||
| 9 | Sec. 7-137.1. Elected officials.
| ||||||
| 10 | (a) A person holding an elective office who has elected
to | ||||||
| 11 | participate in the Fund while in that office may revoke that | ||||||
| 12 | election
and cease participating in the Fund by notifying the | ||||||
| 13 | Board in writing
before January 1, 1992.
| ||||||
| 14 | Upon such revocation, the person shall forfeit all | ||||||
| 15 | creditable service
earned while holding that office, and the | ||||||
| 16 | Board shall refund to the person,
without interest, all | ||||||
| |||||||
| |||||||
| 1 | employee contributions paid for the forfeited
creditable | ||||||
| 2 | service. The Board shall also refund or credit to the employing
| ||||||
| 3 | municipality, without interest, the employer contributions | ||||||
| 4 | relating to the
forfeited service, except those for death and | ||||||
| 5 | disability.
| ||||||
| 6 | (b) Notwithstanding the provisions of Section 7-141 and | ||||||
| 7 | Section 7-144, beginning
on the effective date of this | ||||||
| 8 | amendatory Act of the 96th General Assembly, a person who holds | ||||||
| 9 | an elective office and has not elected to
participate in the | ||||||
| 10 | Fund with respect to that term of office shall not be | ||||||
| 11 | disqualified from receiving a
retirement annuity during that | ||||||
| 12 | term of office
by reason of holding that
office, provided that | ||||||
| 13 | (i) the person waives his or her salary and stipend for that | ||||||
| 14 | elective office and (ii) the annuity is not based on any | ||||||
| 15 | credits received
for participating during
that term of office. | ||||||
| 16 | Notwithstanding the provisions of Sections 7-141 and 7-144, | ||||||
| 17 | beginning
January 1, 1992, a person who holds an elective | ||||||
| 18 | office and has not elected to
participate in the Fund with | ||||||
| 19 | respect to that office (or has revoked
his election to | ||||||
| 20 | participate with respect to that office under
subsection (a) of | ||||||
| 21 | this Section) shall not be disqualified from receiving a
| ||||||
| 22 | retirement annuity
by reason of holding
such office, provided | ||||||
| 23 | that the annuity is not based on any credits received
for | ||||||
| 24 | participating
while holding that office.
| ||||||
| 25 | (Source: P.A. 87-740.)".
| ||||||