Full Text of HB0144 97th General Assembly
HB0144enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 3-101, 4-101, and 4-106.1 and adding Section 3-144.6 | 6 | | as follows:
| 7 | | (40 ILCS 5/3-101) (from Ch. 108 1/2, par. 3-101)
| 8 | | Sec. 3-101. Creation of fund. In each municipality, as | 9 | | defined in Section 3-103, the city council or
the board of | 10 | | trustees, as the case may be, shall establish and administer a
| 11 | | police pension fund, as prescribed in this Article, for the
| 12 | | benefit of its police officers and of their surviving spouses,
| 13 | | children, and certain other dependents. The duty of the | 14 | | corporate authorities of a municipality to establish and | 15 | | administer a police pension fund shall be suspended during any | 16 | | period during which the fund is dissolved under Section 3-144.6 | 17 | | of this Code.
| 18 | | (Source: P.A. 83-1440.)
| 19 | | (40 ILCS 5/3-144.6 new) | 20 | | Sec. 3-144.6. Dissolution and reestablishment of inactive | 21 | | police pension funds. The corporate authorities of a | 22 | | municipality for which a pension fund has been established |
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| 1 | | under this Article may, by resolution or ordinance, dissolve | 2 | | the fund if an independent auditor has certified to the | 3 | | authorities that the fund has no liabilities, participants, or | 4 | | beneficiaries entitled to benefits, and the authorities shall | 5 | | reestablish the fund if a police officer of the municipality | 6 | | seeks to establish service credit in the fund or if | 7 | | reestablishment of the fund is required upon a former police | 8 | | officer's reinstatement of creditable service under subsection | 9 | | (b) of Section 3-110.7 of this Code. | 10 | | The Public Pension Division of the Department of Insurance | 11 | | shall adopt rules regarding the process and procedures for (i) | 12 | | dissolving a pension fund under this Section and (ii) | 13 | | redistributing assets and reestablishing the fund if | 14 | | reestablishment of the fund is necessary.
| 15 | | (40 ILCS 5/4-101) (from Ch. 108 1/2, par. 4-101)
| 16 | | Sec. 4-101. Creation of fund. In each municipality as | 17 | | defined in Section 4-103, the city council or
the board of | 18 | | trustees, as the case may be, shall establish and administer
a | 19 | | firefighters' pension fund as
prescribed in this Article, for | 20 | | the
benefit of its firefighters
and of their surviving spouses,
| 21 | | children and certain other dependents. The duty of the | 22 | | corporate authorities of a municipality to establish and | 23 | | administer a firefighters' pension fund shall be suspended | 24 | | during any period during which the fund is dissolved under | 25 | | subsection (c) of Section 4-106.1 of this Code.
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| 1 | | (Source: P.A. 83-1440.)
| 2 | | (40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)
| 3 | | Sec. 4-106.1.
Discontinuation of fire protection district; | 4 | | annexation
to fire protection district ; dissolution and | 5 | | reestablishment of inactive firefighters' pension funds .
| 6 | | (a) Whenever a fire protection district which has | 7 | | established
a pension fund under this Article is discontinued | 8 | | under "An Act in
Relation to Fire Protection Districts", and | 9 | | the municipality assuming
the obligations of the district is | 10 | | required to and has established
a Firefighters' Pension Fund | 11 | | under this Article, the assets of the fund
established by the | 12 | | district shall be transferred to the "Board of Trustees
of the | 13 | | Firefighters Pension Fund" of the municipality. The | 14 | | Firefighter's
Pension Fund of the municipality shall assume all | 15 | | accrued liabilities of
the district's pension fund, and all | 16 | | accrued rights, benefits and future
expectancies of the | 17 | | members, retired employees and beneficiaries of the
district's | 18 | | fund shall remain unimpaired.
| 19 | | (b) If a municipal fire department for which a pension fund | 20 | | has been
established under this Article is discontinued and the | 21 | | affected territory
is annexed by a fire protection district, | 22 | | and the fire protection district
is required to and has | 23 | | established a firefighters' pension fund under this
Article, | 24 | | then the assets of the firefighters' pension fund established | 25 | | by the
municipality shall be transferred to the board of |
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| 1 | | trustees of the pension fund
of the fire protection district. | 2 | | The firefighters' pension fund of the fire
protection district | 3 | | shall assume all liabilities of the municipality's
| 4 | | firefighters' pension fund, and all of the accrued rights, | 5 | | benefits, and
future expectancies of the members, retired | 6 | | employees, and beneficiaries of
the municipality's | 7 | | firefighters' pension fund shall remain unimpaired.
| 8 | | (c) The corporate authorities of a municipality for which a | 9 | | pension fund has been established under this Article may, by | 10 | | resolution or ordinance, dissolve the fund if an independent | 11 | | auditor has certified to the authorities that the fund has no | 12 | | liabilities, participants, or beneficiaries entitled to | 13 | | benefits, and the authorities shall reestablish the fund if a | 14 | | firefighter of the municipality seeks to establish service | 15 | | credit in the fund or if reestablishment of the fund is | 16 | | required upon a former firefighter's reinstatement of | 17 | | creditable service under subsection (g) of Section 4-109.3 of | 18 | | this Code. | 19 | | The Public Pension Division of the Department of Insurance | 20 | | shall adopt rules regarding the process and procedures for (i) | 21 | | dissolving a pension fund under this Section and (ii) | 22 | | redistributing assets and reestablishing the fund if | 23 | | reestablishment of the fund is necessary. | 24 | | (Source: P.A. 93-123, eff. 7-10-03.)
| 25 | | Section 90. The State Mandates Act is amended by adding |
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| 1 | | Section 8.35 as follows: | 2 | | (30 ILCS 805/8.35 new) | 3 | | Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 | | of this Act, no reimbursement by the State is required for the | 5 | | implementation of any mandate created by this amendatory Act of | 6 | | the 97th General Assembly.
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