Full Text of HB3519 101st General Assembly
HB3519 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3519 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/3-103 | from Ch. 108 1/2, par. 3-103 | 40 ILCS 5/3-145 | from Ch. 108 1/2, par. 3-145 | 40 ILCS 5/4-103 | from Ch. 108 1/2, par. 4-103 | 40 ILCS 5/4-141 | from Ch. 108 1/2, par. 4-141 |
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Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. In the definition of "municipality", removes a provision requiring the establishment of a police or firefighter pension fund for any city, village, or incorporated town of 5,000 or more inhabitants. Makes conforming changes. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB3519 | | LRB101 10877 RPS 56020 b |
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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 3-103, 3-145, 4-103, and 4-141 as follows:
| 6 | | (40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
| 7 | | Sec. 3-103. Municipality. "Municipality": (1) Any city, | 8 | | village or incorporated town of 5,000
or more but less than | 9 | | 500,000 inhabitants,
as determined from the United
States | 10 | | Government statistics or a census taken at any time by the | 11 | | city,
village or incorporated town that established a fund | 12 | | under this Article before the effective date of this amendatory | 13 | | Act of the 101st General Assembly and (2) any city, village or | 14 | | incorporated
town of
less than 500,000 5,000 inhabitants which, | 15 | | by referendum held under Section 3-145
adopts this Article.
| 16 | | (Source: P.A. 83-1440.)
| 17 | | (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
| 18 | | Sec. 3-145. Referendum in municipalities less than 5,000 . | 19 | | (a) This Article
shall not be effective in any
municipality | 20 | | having a population of less than 5,000 unless the
proposition | 21 | | to adopt the Article is submitted
to and approved
by the voters | 22 | | of the municipality in the manner herein provided.
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| | | HB3519 | - 2 - | LRB101 10877 RPS 56020 b |
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| 1 | | Whenever the electors of the municipality, equal in number | 2 | | to 5% of
the number of legal votes cast at the last preceding | 3 | | general municipal
election, petition the city, village or town | 4 | | clerk to submit the proposition
whether
that municipality shall | 5 | | adopt this Article, the officer to whom the
petition is | 6 | | addressed shall certify the proposition to the proper election
| 7 | | officials who shall submit the proposition in accordance
with | 8 | | the general election law at a regular election in the | 9 | | municipality
provided that notice of the referendum, if held
| 10 | | before July 1, 1999,
has been given in accordance with the | 11 | | provisions of Section
12-5
of the Election Code in effect at | 12 | | the time of the bond referendum, at least
10 and not more than | 13 | | 45 days before the date of
the election, notwithstanding the | 14 | | time for publication otherwise imposed by
Section 12-5.
Notices | 15 | | required in connection with the submission of public questions
| 16 | | on or after July 1, 1999 shall be as set forth in Section 12-5 | 17 | | of the Election
Code.
If the proposition is not adopted at
that | 18 | | election, it may be submitted in like manner at any regular | 19 | | election
thereafter. The
proposition shall be substantially in | 20 | | the following form:
| 21 | | -------------------------------------------------------------
| 22 | | Shall the city (or village or
| 23 | | incorporated town) of.... adopt YES
| 24 | | Article 3 of the "Illinois Pension -----------------------
| 25 | | Code", pertaining to the creation NO
| 26 | | of a police pension fund?
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| | | HB3519 | - 3 - | LRB101 10877 RPS 56020 b |
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| 1 | | -------------------------------------------------------------
| 2 | | If a majority of the votes cast on the proposition
is for the | 3 | | proposition, this Article is adopted in that municipality.
| 4 | | (b) For a period of 60 days after the effective date of | 5 | | this amendatory Act of the 96th General Assembly, if a | 6 | | municipality having a population of less than 5,000 has adopted | 7 | | this Article in accordance with the provisions of subsection | 8 | | (a), the municipality may elect to terminate participation | 9 | | under this Article if all of the following conditions are met: | 10 | | (1) An independent auditor certifies that the fund | 11 | | created under this Article has no liabilities and there are | 12 | | no members or participants in the fund and no beneficiaries | 13 | | entitled to benefits under the fund. | 14 | | (2) The corporate authorities of the municipality, by | 15 | | ordinance, approve the closing of the fund. | 16 | | If the conditions of this subsection (b) are met and the | 17 | | closed fund contains assets, those assets shall be transferred | 18 | | to the municipality for its general corporate purposes.
| 19 | | If a municipality that terminates participation under this | 20 | | Article in accordance with this subsection (b) wants to | 21 | | reinstate the fund, then the proposition to re-adopt the | 22 | | Article must be submitted to and approved
by the voters of the | 23 | | municipality in the manner provided in subsection (a).
| 24 | | (Source: P.A. 96-216, eff. 8-10-09.)
| 25 | | (40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
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| | | HB3519 | - 4 - | LRB101 10877 RPS 56020 b |
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| 1 | | Sec. 4-103. Municipality. "Municipality": (1) Any city, | 2 | | township, village or incorporated town
of 5,000 or more but | 3 | | less than 500,000
inhabitants that established a fund under | 4 | | this Article before the effective date of this amendatory Act | 5 | | of the 101st General Assembly , and any fire protection district | 6 | | having any full-time
paid firefighters, and (2) any city, | 7 | | village,
incorporated town or township of less than 500,000 | 8 | | 5,000 inhabitants having a full-time
paid fire department which | 9 | | adopts the provisions of this article
pursuant to the | 10 | | provisions of Section 4-141. The term "city council" or
"board | 11 | | of trustees" includes
the board of trustees of a fire | 12 | | protection district and the board of town
trustees or other | 13 | | persons empowered to
draft the tentative budget and | 14 | | appropriation ordinance and the electors of
such a township | 15 | | acting at the annual or special meeting of town
electors.
| 16 | | (Source: P.A. 83-1440.)
| 17 | | (40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
| 18 | | Sec. 4-141. Referendum in municipalities less than 5,000 . | 19 | | This Article shall become effective in any municipality of less | 20 | | than
5,000, population if the proposition to adopt
the Article | 21 | | is submitted to and approved by the voters of the
municipality | 22 | | in the manner herein provided.
| 23 | | Whenever the electors of the municipality equal in number | 24 | | to 5% of
the number of legal votes cast at the last preceding | 25 | | general municipal
election for mayor or president, as the case |
| | | HB3519 | - 5 - | LRB101 10877 RPS 56020 b |
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| 1 | | may be, petition the
corporate authorities of the municipality | 2 | | to submit the proposition whether that
municipality shall adopt | 3 | | this Article, the municipal clerk shall certify
the proposition | 4 | | to the proper election official who shall submit it to the
| 5 | | electors in accordance with the general election law at the | 6 | | next
succeeding regular election in the municipality. If the | 7 | | proposition is not
adopted at that
election, it may be | 8 | | submitted in like manner at any regular
election thereafter.
| 9 | | The proposition
shall be substantially in the following | 10 | | form:
| 11 | | -------------------------------------------------------------
| 12 | | Shall the city (or village or
| 13 | | incorporated town as the case may be) YES
| 14 | | of.... adopt Article 4 of the
| 15 | | "Illinois Pension Code", ------------------
| 16 | | providing for a Firefighters' NO
| 17 | | Pension Fund and the levying
| 18 | | of an annual tax therefor?
| 19 | | -------------------------------------------------------------
| 20 | | If a majority of the votes cast on the proposition is for | 21 | | the proposition,
this Article is adopted in that
municipality.
| 22 | | (Source: P.A. 83-1440 .)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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