96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1751


 
Introduced 2/19/2009, by Sen. Tim Bivins
 
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.  Amends the State Mandates Act to require implementation
without reimbursement.  Effective immediately.
















LRB096 07604 AMC 17700 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB1751

LRB096 07604 AMC 17700 b






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    AN ACT in relation to 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 
5
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)

7
    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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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 Sections 7-141 and 
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7-144, beginning
January 1, 1992, a person who holds an 
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elective office and has not elected to
participate in the Fund 
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with respect to that term of office (or has revoked
his 
 


 






SB1751
- 2 -
LRB096 07604 AMC 17700 b




1
election to participate with respect to that term of office 
2
under
subsection (a) of this Section) shall not be disqualified 
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from receiving a
retirement annuity during that term of office

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by reason of holding that
such office, provided that the 
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annuity is not based on any credits received
for participating 
6
during
while holding that term of 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:
 
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    (30 ILCS 805/8.33 new)
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    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 96th General Assembly.
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.