SB1236 101ST GENERAL ASSEMBLY

LRB101 07184 RPS 52222 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1236

Introduced 2/6/2019, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

40 ILCS 5/7-137.1

from Ch. 108 1/2, par. 7-137.1

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that beginning on the effective date of the amendatory Act, a person who holds elective office as a member of a county board, notwithstanding whether he or she has not elected to participate in the Fund with respect to that office or has revoked his or her election to participate with respect to that office, shall be disqualified from receiving a retirement annuity until he or she no longer holds that elective office. Provides that the changes apply without regard to whether the person is in service on or after the effective date of the amendatory Act. Makes a conforming change.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Section 7-137.1 as follows:

(40 ILCS 5/7-137.1) (from Ch. 108 1/2, par. 7-137.1)

Sec. 7-137.1. Elected officials.

(a) A person holding an elective office who has elected to participate in the Fund while in that office may revoke that election and cease participating in the Fund by notifying the Board in writing before January 1, 1992.

Upon such revocation, the person shall forfeit all creditable service earned while holding that office, and the Board shall refund to the person, without interest, all employee contributions paid for the forfeited creditable service. The Board shall also refund or credit to the employing municipality, without interest, the employer contributions relating to the forfeited service, except those for death and disability.

(b) Except as otherwise provided in subsection (c) of this Section, notwithstanding Notwithstanding the provisions of Sections 7-141 and 7-144, beginning January 1, 1992, a person who holds an elective office and has not elected to participate in the Fund with respect to that office (or has revoked his election to participate with respect to that office under subsection (a) of this Section) shall not be disqualified from receiving a retirement annuity by reason of holding such office, provided that the annuity is not based on any credits received for participating while holding that office.

(c) Beginning on the effective date of this amendatory Act of the 101st General Assembly, a person who holds elective office as a member of a county board, notwithstanding whether he or she has not elected to participate in the Fund with respect to that office or has revoked his or her election to participate with respect to that office under subsection (a) of this Section, shall be disqualified from receiving a retirement annuity until he or she no longer holds that elective office. Notwithstanding Section 1-103.1, the changes made by this amendatory Act of the 101st General Assembly apply without regard to whether the person is in service on or after the effective date of this amendatory Act of the 101st General Assembly.

(Source: P.A. 87-740.)