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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. 
 
 
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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 
 
 
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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.