SB3652 EnrolledLRB102 22513 RPS 31654 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Section 7-141.1 as follows:
 
6    (40 ILCS 5/7-141.1)
7    (Text of Section before amendment by P.A. 102-210)
8    Sec. 7-141.1. Early retirement incentive.
9    (a) The General Assembly finds and declares that:
10        (1) Units of local government across the State have
11    been functioning under a financial crisis.
12        (2) This financial crisis is expected to continue.
13        (3) Units of local government must depend on
14    additional sources of revenue and, when those sources are
15    not forthcoming, must establish cost-saving programs.
16        (4) An early retirement incentive designed
17    specifically to target highly-paid senior employees could
18    result in significant annual cost savings.
19        (5) The early retirement incentive should be made
20    available only to those units of local government that
21    determine that an early retirement incentive is in their
22    best interest.
23        (6) A unit of local government adopting a program of

 

 

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1    early retirement incentives under this Section is
2    encouraged to implement personnel procedures to prohibit,
3    for at least 5 years, the rehiring (whether on payroll or
4    by independent contract) of employees who receive early
5    retirement incentives.
6        (7) A unit of local government adopting a program of
7    early retirement incentives under this Section is also
8    encouraged to replace as few of the participating
9    employees as possible and to hire replacement employees
10    for salaries totaling no more than 80% of the total
11    salaries formerly paid to the employees who participate in
12    the early retirement program.
13    It is the primary purpose of this Section to encourage
14units of local government that can realize true cost savings,
15or have determined that an early retirement program is in
16their best interest, to implement an early retirement program.
17    (b) Until the effective date of this amendatory Act of
181997, this Section does not apply to any employer that is a
19city, village, or incorporated town, nor to the employees of
20any such employer. Beginning on the effective date of this
21amendatory Act of 1997, any employer under this Article,
22including an employer that is a city, village, or incorporated
23town, may establish an early retirement incentive program for
24its employees under this Section. The decision of a city,
25village, or incorporated town to consider or establish an
26early retirement program is at the sole discretion of that

 

 

SB3652 Enrolled- 3 -LRB102 22513 RPS 31654 b

1city, village, or incorporated town, and nothing in this
2amendatory Act of 1997 limits or otherwise diminishes this
3discretion. Nothing contained in this Section shall be
4construed to require a city, village, or incorporated town to
5establish an early retirement program and no city, village, or
6incorporated town may be compelled to implement such a
7program.
8    The benefits provided in this Section are available only
9to members employed by a participating employer that has filed
10with the Board of the Fund a resolution or ordinance expressly
11providing for the creation of an early retirement incentive
12program under this Section for its employees and specifying
13the effective date of the early retirement incentive program.
14Subject to the limitation in subsection (h), an employer may
15adopt a resolution or ordinance providing a program of early
16retirement incentives under this Section at any time.
17    The resolution or ordinance shall be in substantially the
18following form:
 
19
RESOLUTION (ORDINANCE) NO. ....
20
A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
21
RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
22
IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
23    WHEREAS, Section 7-141.1 of the Illinois Pension Code
24provides that a participating employer may elect to adopt an
25early retirement incentive program offered by the Illinois

 

 

SB3652 Enrolled- 4 -LRB102 22513 RPS 31654 b

1Municipal Retirement Fund by adopting a resolution or
2ordinance; and
3    WHEREAS, The goal of adopting an early retirement program
4is to realize a substantial savings in personnel costs by
5offering early retirement incentives to employees who have
6accumulated many years of service credit; and
7    WHEREAS, Implementation of the early retirement program
8will provide a budgeting tool to aid in controlling payroll
9costs; and
10    WHEREAS, The (name of governing body) has determined that
11the adoption of an early retirement incentive program is in
12the best interests of the (name of participating employer);
13therefore be it
14    RESOLVED (ORDAINED) by the (name of governing body) of
15(name of participating employer) that:
16    (1) The (name of participating employer) does hereby adopt
17the Illinois Municipal Retirement Fund early retirement
18incentive program as provided in Section 7-141.1 of the
19Illinois Pension Code. The early retirement incentive program
20shall take effect on (date).
21    (2) In order to help achieve a true cost savings, a person
22who retires under the early retirement incentive program shall
23lose those incentives if he or she later accepts employment
24with or enters into a personal services contract with any IMRF
25employer in a position for which participation in IMRF is
26required or is elected by the employee.

 

 

SB3652 Enrolled- 5 -LRB102 22513 RPS 31654 b

1    (3) In order to utilize an early retirement incentive as a
2budgeting tool, the (name of participating employer) will use
3its best efforts either to limit the number of employees who
4replace the employees who retire under the early retirement
5program or to limit the salaries paid to the employees who
6replace the employees who retire under the early retirement
7program.
8    (4) The effective date of each employee's retirement under
9this early retirement program shall be set by (name of
10employer) and shall be no earlier than the effective date of
11the program and no later than one year after that effective
12date; except that the employee may require that the retirement
13date set by the employer be no later than the June 30 next
14occurring after the effective date of the program and no
15earlier than the date upon which the employee qualifies for
16retirement.
17    (5) To be eligible for the early retirement incentive
18under this Section, the employee must have attained age 50 and
19have at least 20 years of creditable service by his or her
20retirement date.
21    (6) The (clerk or secretary) shall promptly file a
22certified copy of this resolution (ordinance) with the Board
23of Trustees of the Illinois Municipal Retirement Fund.
24CERTIFICATION
25    I, (name), the (clerk or secretary) of the (name of
26participating employer) of the County of (name), State of

 

 

SB3652 Enrolled- 6 -LRB102 22513 RPS 31654 b

1Illinois, do hereby certify that I am the keeper of the books
2and records of the (name of employer) and that the foregoing is
3a true and correct copy of a resolution (ordinance) duly
4adopted by the (governing body) at a meeting duly convened and
5held on (date).
6SEAL
7(Signature of clerk or secretary)
 
8    (c) To be eligible for the benefits provided under an
9early retirement incentive program adopted under this Section,
10a member must:
11        (1) be a participating employee of this Fund who, on
12    the effective date of the program, (i) is in active
13    payroll status as an employee of a participating employer
14    that has filed the required ordinance or resolution with
15    the Board, (ii) is on layoff status from such a position
16    with a right of re-employment or recall to service, (iii)
17    is on a leave of absence from such a position, or (iv) is
18    on disability but has not been receiving benefits under
19    Section 7-146 or 7-150 for a period of more than 2 years
20    from the date of application;
21        (2) have never previously received a retirement
22    annuity under this Article or under the Retirement Systems
23    Reciprocal Act using service credit established under this
24    Article;
25        (3) (blank);

 

 

SB3652 Enrolled- 7 -LRB102 22513 RPS 31654 b

1        (4) have at least 20 years of creditable service in
2    the Fund by the date of retirement, without the use of any
3    creditable service established under this Section;
4        (5) have attained age 50 by the date of retirement,
5    without the use of any age enhancement received under this
6    Section; and
7        (6) be eligible to receive a retirement annuity under
8    this Article by the date of retirement, for which purpose
9    the age enhancement and creditable service established
10    under this Section may be considered.
11    (d) The employer shall determine the retirement date for
12each employee participating in the early retirement program
13adopted under this Section. The retirement date shall be no
14earlier than the effective date of the program and no later
15than one year after that effective date, except that the
16employee may require that the retirement date set by the
17employer be no later than the June 30 next occurring after the
18effective date of the program and no earlier than the date upon
19which the employee qualifies for retirement. The employer
20shall give each employee participating in the early retirement
21program at least 30 days written notice of the employee's
22designated retirement date, unless the employee waives this
23notice requirement.
24    (e) An eligible person may establish up to 5 years of
25creditable service under this Section. In addition, for each
26period of creditable service established under this Section, a

 

 

SB3652 Enrolled- 8 -LRB102 22513 RPS 31654 b

1person shall have his or her age at retirement deemed enhanced
2by an equivalent period.
3    The creditable service established under this Section may
4be used for all purposes under this Article and the Retirement
5Systems Reciprocal Act, except for the computation of final
6rate of earnings and the determination of earnings, salary, or
7compensation under this or any other Article of the Code.
8    The age enhancement established under this Section may be
9used for all purposes under this Article (including
10calculation of the reduction imposed under subdivision
11(a)1b(iv) of Section 7-142), except for purposes of a
12reversionary annuity under Section 7-145 and any distributions
13required because of age. The age enhancement established under
14this Section may be used in calculating a proportionate
15annuity payable by this Fund under the Retirement Systems
16Reciprocal Act, but shall not be used in determining benefits
17payable under other Articles of this Code under the Retirement
18Systems Reciprocal Act.
19    (f) For all creditable service established under this
20Section, the member must pay to the Fund an employee
21contribution consisting of the total employee contribution
22rate in effect at the time the member purchases the service for
23the plan in which the member was participating with the
24employer at that time multiplied by the member's highest
25annual salary rate used in the determination of the final rate
26of earnings for retirement annuity purposes for each year of

 

 

SB3652 Enrolled- 9 -LRB102 22513 RPS 31654 b

1creditable service granted under this Section. Contributions
2for fractions of a year of service shall be prorated. Any
3amounts that are disregarded in determining the final rate of
4earnings under subdivision (d)(5) of Section 7-116 (the 125%
5rule) shall also be disregarded in determining the required
6contribution under this subsection (f).
7    The employee contribution shall be paid to the Fund as
8follows: If the member is entitled to a lump sum payment for
9accumulated vacation, sick leave, or personal leave upon
10withdrawal from service, the employer shall deduct the
11employee contribution from that lump sum and pay the deducted
12amount directly to the Fund. If there is no such lump sum
13payment or the required employee contribution exceeds the net
14amount of the lump sum payment, then the remaining amount due,
15at the option of the employee, may either be paid to the Fund
16before the annuity commences or deducted from the retirement
17annuity in 24 equal monthly installments.
18    (g) An annuitant who has received any age enhancement or
19creditable service under this Section and thereafter accepts
20employment with or enters into a personal services contract
21with an employer under this Article thereby forfeits that age
22enhancement and creditable service; except that this
23restriction does not apply to (1) service in an elective
24office, so long as the annuitant does not participate in this
25Fund with respect to that office, (2) a person appointed as an
26officer under subsection (f) of Section 3-109 of this Code,

 

 

SB3652 Enrolled- 10 -LRB102 22513 RPS 31654 b

1and (3) a person appointed as an auxiliary police officer
2pursuant to Section 3.1-30-5 of the Illinois Municipal Code. A
3person forfeiting early retirement incentives under this
4subsection (i) must repay to the Fund that portion of the
5retirement annuity already received which is attributable to
6the early retirement incentives that are being forfeited, (ii)
7shall not be eligible to participate in any future early
8retirement program adopted under this Section, and (iii) is
9entitled to a refund of the employee contribution paid under
10subsection (f). The Board shall deduct the required repayment
11from the refund and may impose a reasonable payment schedule
12for repaying the amount, if any, by which the required
13repayment exceeds the refund amount.
14    (h) The additional unfunded liability accruing as a result
15of the adoption of a program of early retirement incentives
16under this Section by an employer shall be amortized over a
17period of 10 years beginning on January 1 of the second
18calendar year following the calendar year in which the latest
19date for beginning to receive a retirement annuity under the
20program (as determined by the employer under subsection (d) of
21this Section) occurs; except that the employer may provide for
22a shorter amortization period (of no less than 5 years) by
23adopting an ordinance or resolution specifying the length of
24the amortization period and submitting a certified copy of the
25ordinance or resolution to the Fund no later than 6 months
26after the effective date of the program. An employer, at its

 

 

SB3652 Enrolled- 11 -LRB102 22513 RPS 31654 b

1discretion, may accelerate payments to the Fund.
2    An employer may provide more than one early retirement
3incentive program for its employees under this Section.
4However, an employer that has provided an early retirement
5incentive program for its employees under this Section may not
6provide another early retirement incentive program under this
7Section until the liability arising from the earlier program
8has been fully paid to the Fund.
9(Source: P.A. 99-382, eff. 8-17-15.)
 
10    (Text of Section after amendment by P.A. 102-210)
11    Sec. 7-141.1. Early retirement incentive.
12    (a) The General Assembly finds and declares that:
13        (1) Units of local government across the State have
14    been functioning under a financial crisis.
15        (2) This financial crisis is expected to continue.
16        (3) Units of local government must depend on
17    additional sources of revenue and, when those sources are
18    not forthcoming, must establish cost-saving programs.
19        (4) An early retirement incentive designed
20    specifically to target highly-paid senior employees could
21    result in significant annual cost savings.
22        (5) The early retirement incentive should be made
23    available only to those units of local government that
24    determine that an early retirement incentive is in their
25    best interest.

 

 

SB3652 Enrolled- 12 -LRB102 22513 RPS 31654 b

1        (6) A unit of local government adopting a program of
2    early retirement incentives under this Section is
3    encouraged to implement personnel procedures to prohibit,
4    for at least 5 years, the rehiring (whether on payroll or
5    by independent contract) of employees who receive early
6    retirement incentives.
7        (7) A unit of local government adopting a program of
8    early retirement incentives under this Section is also
9    encouraged to replace as few of the participating
10    employees as possible and to hire replacement employees
11    for salaries totaling no more than 80% of the total
12    salaries formerly paid to the employees who participate in
13    the early retirement program.
14    It is the primary purpose of this Section to encourage
15units of local government that can realize true cost savings,
16or have determined that an early retirement program is in
17their best interest, to implement an early retirement program.
18    (b) Until June 27, 1997 (the effective date of Public Act
1990-32), this Section does not apply to any employer that is a
20city, village, or incorporated town, nor to the employees of
21any such employer. Beginning on June 27, 1997 (the effective
22date of Public Act 90-32), any employer under this Article,
23including an employer that is a city, village, or incorporated
24town, may establish an early retirement incentive program for
25its employees under this Section. The decision of a city,
26village, or incorporated town to consider or establish an

 

 

SB3652 Enrolled- 13 -LRB102 22513 RPS 31654 b

1early retirement program is at the sole discretion of that
2city, village, or incorporated town, and nothing in Public Act
390-32 limits or otherwise diminishes this discretion. Nothing
4contained in this Section shall be construed to require a
5city, village, or incorporated town to establish an early
6retirement program and no city, village, or incorporated town
7may be compelled to implement such a program.
8    The benefits provided in this Section are available only
9to members employed by a participating employer that has filed
10with the Board of the Fund a resolution or ordinance expressly
11providing for the creation of an early retirement incentive
12program under this Section for its employees and specifying
13the effective date of the early retirement incentive program.
14Subject to the limitation in subsection (h), an employer may
15adopt a resolution or ordinance providing a program of early
16retirement incentives under this Section at any time.
17    The resolution or ordinance shall be in substantially the
18following form:
 
19
RESOLUTION (ORDINANCE) NO. ....
20
A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
21
RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
22
IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
23    WHEREAS, Section 7-141.1 of the Illinois Pension Code
24provides that a participating employer may elect to adopt an
25early retirement incentive program offered by the Illinois

 

 

SB3652 Enrolled- 14 -LRB102 22513 RPS 31654 b

1Municipal Retirement Fund by adopting a resolution or
2ordinance; and
3    WHEREAS, The goal of adopting an early retirement program
4is to realize a substantial savings in personnel costs by
5offering early retirement incentives to employees who have
6accumulated many years of service credit; and
7    WHEREAS, Implementation of the early retirement program
8will provide a budgeting tool to aid in controlling payroll
9costs; and
10    WHEREAS, The (name of governing body) has determined that
11the adoption of an early retirement incentive program is in
12the best interests of the (name of participating employer);
13therefore be it
14    RESOLVED (ORDAINED) by the (name of governing body) of
15(name of participating employer) that:
16    (1) The (name of participating employer) does hereby adopt
17the Illinois Municipal Retirement Fund early retirement
18incentive program as provided in Section 7-141.1 of the
19Illinois Pension Code. The early retirement incentive program
20shall take effect on (date).
21    (2) In order to help achieve a true cost savings, a person
22who retires under the early retirement incentive program shall
23lose those incentives if he or she later accepts employment
24with or enters into a personal services contract with any IMRF
25employer in a position for which participation in IMRF is
26required or is elected by the employee.

 

 

SB3652 Enrolled- 15 -LRB102 22513 RPS 31654 b

1    (3) In order to utilize an early retirement incentive as a
2budgeting tool, the (name of participating employer) will use
3its best efforts either to limit the number of employees who
4replace the employees who retire under the early retirement
5program or to limit the salaries paid to the employees who
6replace the employees who retire under the early retirement
7program.
8    (4) The effective date of each employee's retirement under
9this early retirement program shall be set by (name of
10employer) and shall be no earlier than the effective date of
11the program and no later than one year after that effective
12date; except that the employee may require that the retirement
13date set by the employer be no later than the June 30 next
14occurring after the effective date of the program and no
15earlier than the date upon which the employee qualifies for
16retirement.
17    (5) To be eligible for the early retirement incentive
18under this Section, the employee must have attained age 50 and
19have at least 20 years of creditable service by his or her
20retirement date.
21    (6) The (clerk or secretary) shall promptly file a
22certified copy of this resolution (ordinance) with the Board
23of Trustees of the Illinois Municipal Retirement Fund.
24CERTIFICATION
25    I, (name), the (clerk or secretary) of the (name of
26participating employer) of the County of (name), State of

 

 

SB3652 Enrolled- 16 -LRB102 22513 RPS 31654 b

1Illinois, do hereby certify that I am the keeper of the books
2and records of the (name of employer) and that the foregoing is
3a true and correct copy of a resolution (ordinance) duly
4adopted by the (governing body) at a meeting duly convened and
5held on (date).
6SEAL
7(Signature of clerk or secretary)
 
8    (c) To be eligible for the benefits provided under an
9early retirement incentive program adopted under this Section,
10a member must:
11        (1) be a participating employee of this Fund who, on
12    the effective date of the program, (i) is in active
13    payroll status as an employee of a participating employer
14    that has filed the required ordinance or resolution with
15    the Board, (ii) is on layoff status from such a position
16    with a right of re-employment or recall to service, (iii)
17    is on a leave of absence from such a position, or (iv) is
18    on disability but has not been receiving benefits under
19    Section 7-146 or 7-150 for a period of more than 2 years
20    from the date of application;
21        (2) have never previously received a retirement
22    annuity under this Article or under the Retirement Systems
23    Reciprocal Act using service credit established under this
24    Article;
25        (3) (blank);

 

 

SB3652 Enrolled- 17 -LRB102 22513 RPS 31654 b

1        (4) have at least 20 years of creditable service in
2    the Fund by the date of retirement, without the use of any
3    creditable service established under this Section;
4        (5) have attained age 50 by the date of retirement if
5    he or she is a Tier 1 regular employee or age 57 if he or
6    she is a Tier 2 regular employee, without the use of any
7    age enhancement received under this Section; and
8        (6) be eligible to receive a retirement annuity under
9    this Article by the date of retirement, for which purpose
10    the age enhancement and creditable service established
11    under this Section may be considered.
12    (d) The employer shall determine the retirement date for
13each employee participating in the early retirement program
14adopted under this Section. The retirement date shall be no
15earlier than the effective date of the program and no later
16than one year after that effective date, except that the
17employee may require that the retirement date set by the
18employer be no later than the June 30 next occurring after the
19effective date of the program and no earlier than the date upon
20which the employee qualifies for retirement. The employer
21shall give each employee participating in the early retirement
22program at least 30 days written notice of the employee's
23designated retirement date, unless the employee waives this
24notice requirement.
25    (e) An eligible person may establish up to 5 years of
26creditable service under this Section. In addition, for each

 

 

SB3652 Enrolled- 18 -LRB102 22513 RPS 31654 b

1period of creditable service established under this Section, a
2person shall have his or her age at retirement deemed enhanced
3by an equivalent period.
4    The creditable service established under this Section may
5be used for all purposes under this Article and the Retirement
6Systems Reciprocal Act, except for the computation of final
7rate of earnings and the determination of earnings, salary, or
8compensation under this or any other Article of the Code.
9    The age enhancement established under this Section may be
10used for all purposes under this Article (including
11calculation of the reduction imposed under subdivision
12(a)1b(iv) of Section 7-142), except for purposes of a
13reversionary annuity under Section 7-145 and any distributions
14required because of age. The age enhancement established under
15this Section may be used in calculating a proportionate
16annuity payable by this Fund under the Retirement Systems
17Reciprocal Act, but shall not be used in determining benefits
18payable under other Articles of this Code under the Retirement
19Systems Reciprocal Act.
20    (f) For all creditable service established under this
21Section, the member must pay to the Fund an employee
22contribution consisting of the total employee contribution
23rate in effect at the time the member purchases the service for
24the plan in which the member was participating with the
25employer at that time multiplied by the member's highest
26annual salary rate used in the determination of the final rate

 

 

SB3652 Enrolled- 19 -LRB102 22513 RPS 31654 b

1of earnings for retirement annuity purposes for each year of
2creditable service granted under this Section. Contributions
3for fractions of a year of service shall be prorated. Any
4amounts that are disregarded in determining the final rate of
5earnings under subdivision (d)(5) of Section 7-116 (the 125%
6rule) shall also be disregarded in determining the required
7contribution under this subsection (f).
8    The employee contribution shall be paid to the Fund as
9follows: If the member is entitled to a lump sum payment for
10accumulated vacation, sick leave, or personal leave upon
11withdrawal from service, the employer shall deduct the
12employee contribution from that lump sum and pay the deducted
13amount directly to the Fund. If there is no such lump sum
14payment or the required employee contribution exceeds the net
15amount of the lump sum payment, then the remaining amount due,
16at the option of the employee, may either be paid to the Fund
17before the annuity commences or deducted from the retirement
18annuity in 24 equal monthly installments.
19    (g) An annuitant who has received any age enhancement or
20creditable service under this Section and thereafter accepts
21employment with or enters into a personal services contract
22with an employer under this Article thereby forfeits that age
23enhancement and creditable service; except that this
24restriction does not apply to (1) service in an elective
25office, so long as the annuitant does not participate in this
26Fund with respect to that office, (2) a person appointed as an

 

 

SB3652 Enrolled- 20 -LRB102 22513 RPS 31654 b

1officer under subsection (f) of Section 3-109 of this Code,
2and (3) a person appointed as an auxiliary police officer
3pursuant to Section 3.1-30-5 of the Illinois Municipal Code. A
4person forfeiting early retirement incentives under this
5subsection (i) must repay to the Fund that portion of the
6retirement annuity already received which is attributable to
7the early retirement incentives that are being forfeited, (ii)
8shall not be eligible to participate in any future early
9retirement program adopted under this Section, and (iii) is
10entitled to a refund of the employee contribution paid under
11subsection (f). The Board shall deduct the required repayment
12from the refund and may impose a reasonable payment schedule
13for repaying the amount, if any, by which the required
14repayment exceeds the refund amount.
15    (h) The additional unfunded liability accruing as a result
16of the adoption of a program of early retirement incentives
17under this Section by an employer shall be amortized over a
18period of 10 years beginning on January 1 of the second
19calendar year following the calendar year in which the latest
20date for beginning to receive a retirement annuity under the
21program (as determined by the employer under subsection (d) of
22this Section) occurs; except that the employer may provide for
23a shorter amortization period (of no less than 5 years) by
24adopting an ordinance or resolution specifying the length of
25the amortization period and submitting a certified copy of the
26ordinance or resolution to the Fund no later than 6 months

 

 

SB3652 Enrolled- 21 -LRB102 22513 RPS 31654 b

1after the effective date of the program. An employer, at its
2discretion, may accelerate payments to the Fund.
3    An employer may provide more than one early retirement
4incentive program for its employees under this Section.
5However, an employer that has provided an early retirement
6incentive program for its employees under this Section may not
7provide another early retirement incentive program under this
8Section until the liability arising from the earlier program
9has been fully paid to the Fund.
10(Source: P.A. 102-210, eff. 1-1-22.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.