HC0005 EngrossedLRB097 05156 JDS 45203 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT 5

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Article XIII of the
9Illinois Constitution by adding Section 5.1 as follows:
 
10
ARTICLE XIII
11
GENERAL PROVISIONS

12    (ILCON Art. XIII, Sec. 5.1 new)
13SECTION 5.1. PENSION BENEFIT INCREASES
14    (a) A bill shall not become a law without the concurrence
15of three-fifths of the members elected to each house of the
16General Assembly if that bill increases a benefit under any
17pension or retirement system of the State, any unit of local
18government or school district, or any agency or instrumentality
19thereof. However, if the Governor vetoes a bill so passed by
20returning it with his objections to the house in which it
21originated, then that bill shall not become law unless, upon
22its return, it is passed by a record vote of two-thirds of the
23members elected to each house of the General Assembly.

 

 

HC0005 Engrossed- 2 -LRB097 05156 JDS 45203 e

1Likewise, if the Governor returns a bill so passed with
2specific recommendations for change to the house in which it
3originated, then those recommendations may be accepted only by
4a record vote of two-thirds of the members elected to each
5house of the General Assembly. The provisions of this
6subsection (a) apply notwithstanding Article IV.
7    (b) An ordinance, resolution, or other action of the
8governing body of any unit of local government or school
9district shall not be valid without the concurrence of
10three-fifths of the members of that governing body if that
11ordinance, resolution, or other action increases a benefit
12under any pension or retirement system for officials or
13employees of that unit of local government or school district,
14or any agency or instrumentality thereof.
15    (c) For the purposes of this Section, a bill, ordinance,
16resolution, or other action increases a benefit if it increases
17the amount of an existing benefit, adds a new benefit, or
18expands the class of persons eligible for a benefit, regardless
19of whether it includes an increase in contributions or a
20reduction in any other benefit.
21    (d) For the purposes of this Section, an increase in salary
22does not, by itself, constitute an increase in benefits.
23However, the provisions of this Section do apply to (i) an
24increase in salary resulting from the inclusion of a new
25category of benefits, bonuses, incentives, perquisites, or
26other compensation that previously was not considered a part of

 

 

HC0005 Engrossed- 3 -LRB097 05156 JDS 45203 e

1salary or (ii) an otherwise unusually high increase in salary.
 
2
SCHEDULE
3    This Constitutional Amendment takes effect upon being
4declared adopted in accordance with Section 7 of the Illinois
5Constitutional Amendment Act.