Full Text of HB0599 93rd General Assembly
HB0599sam001 93RD GENERAL ASSEMBLY
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| AMENDMENT TO HOUSE BILL 599
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| AMENDMENT NO. ______. Amend House Bill 599 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections
4-109.1, 4-109.2, and 4-114 as follows:
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| (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
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| Sec. 4-109.1. Increase in pension.
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| (a) Except as provided in subsection (e), the monthly | 9 |
| pension of a
firefighter who retires after July 1, 1971 and | 10 |
| prior to January 1, 1986, shall,
upon either the first of the | 11 |
| month following the first anniversary of the date
of retirement | 12 |
| if 60 years of age or over at retirement date, or upon the | 13 |
| first
day of the month following attainment of age 60 if it | 14 |
| occurs after the first
anniversary of retirement, be increased | 15 |
| by 2% of the originally granted monthly
pension and by an | 16 |
| additional 2% in each January thereafter. Effective January
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| 1976, the rate of the annual increase shall be 3% of the | 18 |
| originally granted
monthly pension.
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| (b) The monthly pension of a firefighter who retired
from | 20 |
| service with 20 or more years of service, on or before
July 1, | 21 |
| 1971, shall be increased, in January of the year
following the | 22 |
| year of attaining age 65 or in January
1972, if then over age | 23 |
| 65, by 2% of the originally granted monthly
pension, for each | 24 |
| year the firefighter received pension payments.
In each January |
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| thereafter, he or she shall receive an additional
increase of | 2 |
| 2% of the original monthly pension. Effective
January 1976, the | 3 |
| rate of the annual increase shall be 3%.
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| (c) The monthly pension of a firefighter who is receiving
a | 5 |
| disability pension under this Article shall be increased, in
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| January of the year following the year the firefighter attains
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| age 60, or in January 1974, if then over age 60, by 2% of the
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| originally granted monthly pension for each
year he or she | 9 |
| received pension payments.
In each January thereafter, the | 10 |
| firefighter shall receive an additional
increase of 2% of the | 11 |
| original monthly pension. Effective January 1976,
the rate of | 12 |
| the annual increase shall be 3%.
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| (c-1) On January 1, 1998, every child's disability benefit | 14 |
| payable on that
date under Section 4-110 or 4-110.1 shall be | 15 |
| increased by an amount equal to
1/12 of 3% of the amount of the | 16 |
| benefit, multiplied by the number of months for
which the | 17 |
| benefit has been payable. On each January 1 thereafter, every
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| child's disability benefit payable under Section 4-110 or | 19 |
| 4-110.1 shall be
increased by 3% of the amount of the benefit | 20 |
| then being paid, including any
previous increases received | 21 |
| under this Article. These increases are not
subject to any | 22 |
| limitation on the maximum benefit amount included in Section
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| 4-110 or 4-110.1.
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| (c-2) On January 1, 2004, every pension payable to or on | 25 |
| behalf of a minor
or disabled surviving child that is payable | 26 |
| on that date under Section 4-114
shall be increased by an | 27 |
| amount equal to 1/12 of 3% of the amount of the
pension, | 28 |
| multiplied by the number of months for which the benefit has | 29 |
| been
payable. On January 1, 2005, January 1, 2006, January 1, | 30 |
| 2007, and January 1, 2008, every pension payable to or on | 31 |
| behalf
of a minor or disabled surviving child that is payable | 32 |
| under Section 4-114
shall be increased by 3% of the amount of | 33 |
| the pension then being paid,
including any previous increases | 34 |
| received under this Article. These increases
are not subject to |
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| any limitation on the maximum benefit amount included in
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| Section 4-114.
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| (d) The monthly pension of a firefighter who retires after | 4 |
| January 1,
1986, shall, upon either the first of the month | 5 |
| following the first
anniversary of the date of retirement if 55 | 6 |
| years of age or over, or
upon the first day of the month | 7 |
| following attainment of
age 55 if it occurs after the first | 8 |
| anniversary of retirement, be increased
by 1/12 of 3% of the | 9 |
| originally granted monthly pension for each full
month that has | 10 |
| elapsed since the pension began, and by an
additional 3% in | 11 |
| each January thereafter.
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| The changes made to this subsection (d) by this amendatory | 13 |
| Act of the 91st
General Assembly apply to all initial increases | 14 |
| that become payable under this
subsection on or after January | 15 |
| 1, 1999. All initial increases that became
payable under this | 16 |
| subsection on or after January 1, 1999 and before the
effective | 17 |
| date of this amendatory Act shall be recalculated and the | 18 |
| additional
amount accruing for that period, if any, shall be | 19 |
| payable to the pensioner in a
lump sum.
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| (e) Notwithstanding the provisions of subsection (a), upon | 21 |
| the
first day of the month following (1) the first anniversary | 22 |
| of the date of
retirement, or (2) the attainment of age 55, or | 23 |
| (3) July 1, 1987, whichever
occurs latest, the monthly pension | 24 |
| of a firefighter who retired on or after
January 1, 1977 and on | 25 |
| or before January 1, 1986 and did not receive an
increase under | 26 |
| subsection (a) before July 1, 1987,
shall be increased by 3% of | 27 |
| the originally granted monthly pension for
each full year that | 28 |
| has elapsed since the pension began, and by an
additional 3% in | 29 |
| each January thereafter. The increases provided under
this | 30 |
| subsection are in lieu of the increases provided in subsection | 31 |
| (a).
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| (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.)
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| (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
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| Sec. 4-109.2. Minimum pension.
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| (a) Beginning January 1, 1984, the minimum
disability | 3 |
| pension granted under Section 4-110 or 4-111, the minimum
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| surviving spouse's pension, and the minimum retirement pension
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| granted to a firefighter with 20 or more years of creditable | 6 |
| service,
shall be $300 per month, without regard to whether the | 7 |
| death, disability
or retirement of the firefighter occurred | 8 |
| prior to that date.
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| Beginning July 1, 1987, the minimum retirement pension | 10 |
| payable to a
firefighter with 20 or more years of creditable | 11 |
| service, the minimum
disability pension payable under Section | 12 |
| 4-110 or 4-111, and the minimum
surviving spouse's pension | 13 |
| shall be $400 per month, without regard to
whether the death, | 14 |
| retirement or disability of the firefighter occurred
prior to | 15 |
| that date.
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| Beginning July 1, 1993, the minimum retirement pension | 17 |
| payable to a
firefighter with 20 or more years of creditable | 18 |
| service and the minimum
surviving spouse's pension shall be | 19 |
| $475 per month, without regard to
whether the firefighter was | 20 |
| in service on or after the effective date of
this amendatory | 21 |
| Act of 1993.
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| (b) Beginning January 1, 1999, the minimum retirement | 23 |
| pension payable
to a firefighter with 20 or more years of | 24 |
| creditable service, the minimum
disability pension payable | 25 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 26 |
| surviving spouse's pension shall be $600 per month, without | 27 |
| regard to
whether the firefighter was in service on or after | 28 |
| the effective date of this
amendatory Act of the 91st General | 29 |
| Assembly.
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| In the case of a pensioner whose pension began before the | 31 |
| effective date
of this amendatory Act and is subject to | 32 |
| increase under this subsection (b),
the pensioner shall be | 33 |
| entitled to a lump sum payment of the amount of that
increase | 34 |
| accruing from January 1, 1999 (or the date the pension began, |
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| if
later) to the effective date of this amendatory Act.
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| (c) Beginning January 1, 2000, the minimum retirement | 3 |
| pension payable
to a firefighter with 20 or more years of | 4 |
| creditable service, the minimum
disability pension payable | 5 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 6 |
| surviving spouse's pension shall be $800 per month, without | 7 |
| regard to
whether the firefighter was in service on or after | 8 |
| the effective date of this
amendatory Act of the 91st General | 9 |
| Assembly.
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| (d) Beginning January 1, 2001, the minimum retirement | 11 |
| pension payable
to a firefighter with 20 or more years of | 12 |
| creditable service, the minimum
disability pension payable | 13 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 14 |
| surviving spouse's pension shall be $1000 per month, without | 15 |
| regard to
whether the firefighter was in service on or after | 16 |
| the effective date of this
amendatory Act of the 91st General | 17 |
| Assembly.
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| (e) Beginning January 1, 2004, the minimum retirement | 19 |
| pension payable
to a firefighter with 20 or more years of | 20 |
| creditable service, the minimum
disability pension payable | 21 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 22 |
| surviving spouse's pension shall be $1030 per month, without | 23 |
| regard to
whether the firefighter was in service on or after | 24 |
| the effective date of this
amendatory Act of the 93rd General | 25 |
| Assembly.
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| (f) Beginning January 1, 2005, the minimum retirement | 27 |
| pension payable
to a firefighter with 20 or more years of | 28 |
| creditable service, the minimum
disability pension payable | 29 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 30 |
| surviving spouse's pension shall be $1060.90 per month, without | 31 |
| regard
to whether the firefighter was in service on or after | 32 |
| the effective date of
this amendatory Act of the 93rd General | 33 |
| Assembly.
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| (g) Beginning January 1, 2006, the minimum retirement |
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| pension payable
to a firefighter with 20 or more years of | 2 |
| creditable service, the minimum
disability pension payable | 3 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 4 |
| surviving spouse's pension shall be $1092.73 per month, without | 5 |
| regard
to whether the firefighter was in service on or after | 6 |
| the effective date of
this amendatory Act of the 93rd General | 7 |
| Assembly.
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| (h) Beginning January 1, 2007, the minimum retirement | 9 |
| pension payable
to a firefighter with 20 or more years of | 10 |
| creditable service, the minimum
disability pension payable | 11 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 12 |
| surviving spouse's pension shall be $1125.51 per month, without | 13 |
| regard
to whether the firefighter was in service on or after | 14 |
| the effective date of
this amendatory Act of the 93rd General | 15 |
| Assembly.
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| (i) Beginning January 1, 2008, the minimum retirement | 17 |
| pension payable
to a firefighter with 20 or more years of | 18 |
| creditable service, the minimum
disability pension payable | 19 |
| under Section 4-110, 4-110.1, or 4-111, and the
minimum | 20 |
| surviving spouse's pension shall be $1159.27 per month, without | 21 |
| regard
to whether the firefighter was in service on or after | 22 |
| the effective date of
this amendatory Act of the 93rd General | 23 |
| Assembly.
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| (Source: P.A. 91-466, eff. 8-6-99.)
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| (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
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| Sec. 4-114. Pension to survivors. If a firefighter who is | 27 |
| not receiving a
disability pension under Section 4-110 or | 28 |
| 4-110.1 dies (1) as a result of any
illness or accident, or (2) | 29 |
| from any cause while in receipt of a disability
pension under | 30 |
| this Article, or (3) during retirement after 20 years service, | 31 |
| or
(4) while vested for or in receipt of a pension payable | 32 |
| under subsection (b)
of Section 4-109, or (5) while a deferred | 33 |
| pensioner, having made all required
contributions, a pension |
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| shall be paid to his or her survivors, based on the
monthly | 2 |
| salary attached to the firefighter's rank on the last day of | 3 |
| service
in the fire department, as follows:
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| (a) To the surviving spouse, a monthly pension of
40% of | 5 |
| the monthly salary, and to the guardian of any minor child or
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| children including a child which has been conceived but not yet | 7 |
| born, 12%
of such monthly salary for each such child until | 8 |
| attainment of age 18 or
until the child's marriage, whichever | 9 |
| occurs first. Beginning July 1,
1993, the monthly pension to | 10 |
| the surviving spouse shall be 54% of the
monthly salary for all | 11 |
| persons receiving a surviving spouse pension under
this | 12 |
| Article, regardless of whether the deceased firefighter was in | 13 |
| service
on or after the effective date of this amendatory Act | 14 |
| of 1993.
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| Beginning January 1, 2004, the total monthly pension | 16 |
| payable under
this paragraph (a) to the surviving spouse of a | 17 |
| firefighter who died while
receiving a retirement pension, | 18 |
| including any amount payable on account of
children, shall be | 19 |
| no less than 100% of the monthly retirement pension that
the | 20 |
| deceased firefighter was receiving at the time of death, | 21 |
| including any
increases under Section 4-109.1. This minimum | 22 |
| applies to all such surviving
spouses who are eligible to | 23 |
| receive a surviving spouse pension, regardless of
whether the | 24 |
| deceased firefighter was in service on or after the effective | 25 |
| date
of this amendatory Act of the 93rd General Assembly, and | 26 |
| notwithstanding any
limitation on maximum pension under | 27 |
| paragraph (d) or any other provision of
this Article.
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| The pension to the surviving spouse shall terminate in the | 29 |
| event of the
surviving spouse's remarriage prior to July 1, | 30 |
| 1993; remarriage on or after
that date does not affect the | 31 |
| surviving spouse's pension, regardless of
whether the deceased | 32 |
| firefighter was in service on or after the effective
date of | 33 |
| this amendatory Act of 1993.
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| The surviving spouse's pension shall be subject to the |
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| minimum established
in Section 4-109.2.
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| (b) Upon the death of the surviving spouse leaving one or | 3 |
| more minor
children, to the duly appointed guardian of each | 4 |
| such child, for support
and maintenance of each such child | 5 |
| until the child reaches age 18 or
marries, whichever occurs | 6 |
| first, a monthly pension of 20% of the monthly
salary.
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| (c) If a deceased firefighter leaves no surviving spouse or | 8 |
| unmarried
minor children under age 18, but leaves a dependent | 9 |
| father or mother, to
each dependent parent a monthly pension of | 10 |
| 18% of the monthly salary. To
qualify for the pension, a | 11 |
| dependent parent must furnish satisfactory proof
that the | 12 |
| deceased firefighter was at the time of his or her death the | 13 |
| sole
supporter of the parent or that the parent was the | 14 |
| deceased's dependent for
federal income tax purposes.
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| (d) The total pension provided under paragraphs (a), (b) | 16 |
| and (c) of this
Section shall not exceed 75% of the monthly | 17 |
| salary of the deceased firefighter
(1) when paid to the | 18 |
| survivor of a firefighter who has attained 20 or more
years of | 19 |
| service credit and who receives or is eligible to receive a | 20 |
| retirement
pension under this Article, or (2) when paid to the | 21 |
| survivor of a firefighter
who dies as a result of illness or | 22 |
| accident, or (3) when paid to the survivor
of a firefighter who | 23 |
| dies from any cause while in receipt of a disability
pension | 24 |
| under this Article, or (4) when paid to the survivor of a | 25 |
| deferred
pensioner. For all other survivors of deceased | 26 |
| firefighters, the total pension
provided under paragraphs (a), | 27 |
| (b) and (c) of this Section shall not exceed 50%
of the | 28 |
| retirement annuity the firefighter would have received on the | 29 |
| date of
death.
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| The maximum pension limitations in this paragraph (d) do | 31 |
| not control
over any contrary provision of this Article | 32 |
| explicitly establishing a minimum
amount of pension or granting | 33 |
| a one-time or annual increase in pension.
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| (e) If a firefighter leaves no eligible survivors under |
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| paragraphs (a),
(b) and (c), the board shall refund to the | 2 |
| firefighter's estate the amount
of his or her accumulated | 3 |
| contributions, less the amount of pension
payments, if any, | 4 |
| made to the firefighter while living.
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| (f) An adopted child is eligible for the pension provided | 6 |
| under
paragraph (a) if the child was adopted before the | 7 |
| firefighter attained age 50.
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| (g) If a judgment of dissolution of marriage between a | 9 |
| firefighter and
spouse is judicially set aside subsequent to | 10 |
| the firefighter's death, the
surviving spouse is eligible for | 11 |
| the pension provided in paragraph (a) only
if the judicial | 12 |
| proceedings are filed within 2 years after the date of the
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| dissolution of marriage and within one year after the | 14 |
| firefighter's death and
the board is made a party to the | 15 |
| proceedings. In such case the pension shall be
payable only | 16 |
| from the date of the court's order setting aside the judgment | 17 |
| of
dissolution of marriage.
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| (h) Benefits payable on account of a child under this | 19 |
| Section shall
not be reduced or terminated by reason of the | 20 |
| child's attainment of age 18
if he or she is then dependent by | 21 |
| reason of a physical or mental disability
but shall continue to | 22 |
| be paid as long as such dependency continues.
Individuals over | 23 |
| the age of 18 and adjudged as a disabled person pursuant
to | 24 |
| Article XIa of the Probate Act of 1975, except for persons | 25 |
| receiving
benefits under Article III of the Illinois Public Aid | 26 |
| Code, shall be
eligible to receive benefits under this Act.
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| (i) Beginning January 1, 2000, the pension of the surviving | 28 |
| spouse of
a firefighter who dies on or after January 1, 1994 as | 29 |
| a result of sickness,
accident, or injury incurred in or | 30 |
| resulting from the performance of an act of
duty or from the | 31 |
| cumulative effects of acts of duty shall not be less than 100%
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| of the salary attached to the rank held by the deceased | 33 |
| firefighter on the last
day of service, notwithstanding | 34 |
| subsection (d) or any other provision of
this Article.
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| (Source: P.A. 91-466, eff. 8-6-99.)
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| Section 90. The State Mandates Act is amended by adding | 3 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and | 6 |
| 8 of this
Act, no reimbursement by the State is required for | 7 |
| the implementation of
any mandate created by this amendatory | 8 |
| Act of the 93rd General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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