Full Text of SB3609 96th General Assembly
SB3609enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 13.2 as follows:
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| (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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| Sec. 13.2. Transfers among line item appropriations.
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| (a) Transfers among line item appropriations from the same
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| treasury fund for the objects specified in this Section may be | 10 |
| made in
the manner provided in this Section when the balance | 11 |
| remaining in one or
more such line item appropriations is | 12 |
| insufficient for the purpose for
which the appropriation was | 13 |
| made.
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| (a-1) No transfers may be made from one
agency to another | 15 |
| agency, nor may transfers be made from one institution
of | 16 |
| higher education to another institution of higher education.
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| (a-2) Except as otherwise provided in this Section, | 18 |
| transfers may be made only among the objects of expenditure | 19 |
| enumerated
in this Section, except that no funds may be | 20 |
| transferred from any
appropriation for personal services, from | 21 |
| any appropriation for State
contributions to the State | 22 |
| Employees' Retirement System, from any
separate appropriation | 23 |
| for employee retirement contributions paid by the
employer, nor |
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| from any appropriation for State contribution for
employee | 2 |
| group insurance. During State fiscal year 2005, an agency may | 3 |
| transfer amounts among its appropriations within the same | 4 |
| treasury fund for personal services, employee retirement | 5 |
| contributions paid by employer, and State Contributions to | 6 |
| retirement systems; notwithstanding and in addition to the | 7 |
| transfers authorized in subsection (c) of this Section, the | 8 |
| fiscal year 2005 transfers authorized in this sentence may be | 9 |
| made in an amount not to exceed 2% of the aggregate amount | 10 |
| appropriated to an agency within the same treasury fund. During | 11 |
| State fiscal year 2007, the Departments of Children and Family | 12 |
| Services, Corrections, Human Services, and Juvenile Justice | 13 |
| may transfer amounts among their respective appropriations | 14 |
| within the same treasury fund for personal services, employee | 15 |
| retirement contributions paid by employer, and State | 16 |
| contributions to retirement systems. During State fiscal year | 17 |
| 2010, the Department of Transportation may transfer amounts | 18 |
| among their respective appropriations within the same treasury | 19 |
| fund for personal services, employee retirement contributions | 20 |
| paid by employer, and State contributions to retirement | 21 |
| systems. During State fiscal year 2010 only, an agency may | 22 |
| transfer amounts among its respective appropriations within | 23 |
| the same treasury fund for personal services, employee | 24 |
| retirement contributions paid by employer, and State | 25 |
| contributions to retirement systems. Notwithstanding, and in | 26 |
| addition to, the transfers authorized in subsection (c) of this |
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| Section, these transfers may be made in an amount not to exceed | 2 |
| 2% of the aggregate amount appropriated to an agency within the | 3 |
| same treasury fund.
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| (a-3) Further, if an agency receives a separate
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| appropriation for employee retirement contributions paid by | 6 |
| the employer,
any transfer by that agency into an appropriation | 7 |
| for personal services
must be accompanied by a corresponding | 8 |
| transfer into the appropriation for
employee retirement | 9 |
| contributions paid by the employer, in an amount
sufficient to | 10 |
| meet the employer share of the employee contributions
required | 11 |
| to be remitted to the retirement system.
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| (b) In addition to the general transfer authority provided | 13 |
| under
subsection (c), the following agencies have the specific | 14 |
| transfer authority
granted in this subsection:
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| The Department of Healthcare and Family Services is | 16 |
| authorized to make transfers
representing savings attributable | 17 |
| to not increasing grants due to the
births of additional | 18 |
| children from line items for payments of cash grants to
line | 19 |
| items for payments for employment and social services for the | 20 |
| purposes
outlined in subsection (f) of Section 4-2 of the | 21 |
| Illinois Public Aid Code.
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| The Department of Children and Family Services is | 23 |
| authorized to make
transfers not exceeding 2% of the aggregate | 24 |
| amount appropriated to it within
the same treasury fund for the | 25 |
| following line items among these same line
items: Foster Home | 26 |
| and Specialized Foster Care and Prevention, Institutions
and |
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| Group Homes and Prevention, and Purchase of Adoption and | 2 |
| Guardianship
Services.
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| The Department on Aging is authorized to make transfers not
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| exceeding 2% of the aggregate amount appropriated to it within | 5 |
| the same
treasury fund for the following Community Care Program | 6 |
| line items among these
same line items: Homemaker and Senior | 7 |
| Companion Services, Alternative Senior Services, Case | 8 |
| Coordination
Units, and Adult Day Care Services.
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| The State Treasurer is authorized to make transfers among | 10 |
| line item
appropriations
from the Capital Litigation Trust | 11 |
| Fund, with respect to costs incurred in
fiscal years 2002 and | 12 |
| 2003 only, when the balance remaining in one or
more such
line | 13 |
| item appropriations is insufficient for the purpose for which | 14 |
| the
appropriation was
made, provided that no such transfer may | 15 |
| be made unless the amount transferred
is no
longer required for | 16 |
| the purpose for which that appropriation was made.
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| The State Board of Education is authorized to make | 18 |
| transfers from line item appropriations within the same | 19 |
| treasury fund for General State Aid and General State Aid - | 20 |
| Hold Harmless, provided that no such transfer may be made | 21 |
| unless the amount transferred is no longer required for the | 22 |
| purpose for which that appropriation was made, to the line item | 23 |
| appropriation for Transitional Assistance when the balance | 24 |
| remaining in such line item appropriation is insufficient for | 25 |
| the purpose for which the appropriation was made. | 26 |
| The State Board of Education is authorized to make |
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| transfers between the following line item appropriations | 2 |
| within the same treasury fund: Disabled Student | 3 |
| Services/Materials (Section 14-13.01 of the School Code), | 4 |
| Disabled Student Transportation Reimbursement (Section | 5 |
| 14-13.01 of the School Code), Disabled Student Tuition - | 6 |
| Private Tuition (Section 14-7.02 of the School Code), | 7 |
| Extraordinary Special Education (Section 14-7.02b of the | 8 |
| School Code), Reimbursement for Free Lunch/Breakfast Program, | 9 |
| Summer School Payments (Section 18-4.3 of the School Code), and | 10 |
| Transportation - Regular/Vocational Reimbursement (Section | 11 |
| 29-5 of the School Code). Such transfers shall be made only | 12 |
| when the balance remaining in one or more such line item | 13 |
| appropriations is insufficient for the purpose for which the | 14 |
| appropriation was made and provided that no such transfer may | 15 |
| be made unless the amount transferred is no longer required for | 16 |
| the purpose for which that appropriation was made. | 17 |
| During State fiscal year 2010 only, the Department of | 18 |
| Healthcare and Family Services is authorized to make transfers | 19 |
| not exceeding 4% of the aggregate amount appropriated to it, | 20 |
| within the same treasury fund, among the various line items | 21 |
| appropriated for Medical Assistance. | 22 |
| (c) The sum of such transfers for an agency in a fiscal | 23 |
| year shall not
exceed 2% of the aggregate amount appropriated | 24 |
| to it within the same treasury
fund for the following objects: | 25 |
| Personal Services; Extra Help; Student and
Inmate | 26 |
| Compensation; State Contributions to Retirement Systems; State
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| Contributions to Social Security; State Contribution for | 2 |
| Employee Group
Insurance; Contractual Services; Travel; | 3 |
| Commodities; Printing; Equipment;
Electronic Data Processing; | 4 |
| Operation of Automotive Equipment;
Telecommunications | 5 |
| Services; Travel and Allowance for Committed, Paroled
and | 6 |
| Discharged Prisoners; Library Books; Federal Matching Grants | 7 |
| for
Student Loans; Refunds; Workers' Compensation, | 8 |
| Occupational Disease, and
Tort Claims; and, in appropriations | 9 |
| to institutions of higher education,
Awards and Grants. | 10 |
| Notwithstanding the above, any amounts appropriated for
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| payment of workers' compensation claims to an agency to which | 12 |
| the authority
to evaluate, administer and pay such claims has | 13 |
| been delegated by the
Department of Central Management Services | 14 |
| may be transferred to any other
expenditure object where such | 15 |
| amounts exceed the amount necessary for the
payment of such | 16 |
| claims.
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| (c-1) Special provisions for State fiscal year 2003. | 18 |
| Notwithstanding any
other provision of this Section to the | 19 |
| contrary, for State fiscal year 2003
only, transfers among line | 20 |
| item appropriations to an agency from the same
treasury fund | 21 |
| may be made provided that the sum of such transfers for an | 22 |
| agency
in State fiscal year 2003 shall not exceed 3% of the | 23 |
| aggregate amount
appropriated to that State agency for State | 24 |
| fiscal year 2003 for the following
objects: personal services, | 25 |
| except that no transfer may be approved which
reduces the | 26 |
| aggregate appropriations for personal services within an |
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| agency;
extra help; student and inmate compensation; State
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| contributions to retirement systems; State contributions to | 3 |
| social security;
State contributions for employee group | 4 |
| insurance; contractual services; travel;
commodities; | 5 |
| printing; equipment; electronic data processing; operation of
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| automotive equipment; telecommunications services; travel and | 7 |
| allowance for
committed, paroled, and discharged prisoners; | 8 |
| library books; federal matching
grants for student loans; | 9 |
| refunds; workers' compensation, occupational disease,
and tort | 10 |
| claims; and, in appropriations to institutions of higher | 11 |
| education,
awards and grants.
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| (c-2) Special provisions for State fiscal year 2005. | 13 |
| Notwithstanding subsections (a), (a-2), and (c), for State | 14 |
| fiscal year 2005 only, transfers may be made among any line | 15 |
| item appropriations from the same or any other treasury fund | 16 |
| for any objects or purposes, without limitation, when the | 17 |
| balance remaining in one or more such line item appropriations | 18 |
| is insufficient for the purpose for which the appropriation was | 19 |
| made, provided that the sum of those transfers by a State | 20 |
| agency shall not exceed 4% of the aggregate amount appropriated | 21 |
| to that State agency for fiscal year 2005.
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| (d) Transfers among appropriations made to agencies of the | 23 |
| Legislative
and Judicial departments and to the | 24 |
| constitutionally elected officers in the
Executive branch | 25 |
| require the approval of the officer authorized in Section 10
of | 26 |
| this Act to approve and certify vouchers. Transfers among |
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| appropriations
made to the University of Illinois, Southern | 2 |
| Illinois University, Chicago State
University, Eastern | 3 |
| Illinois University, Governors State University, Illinois
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| State University, Northeastern Illinois University, Northern | 5 |
| Illinois
University, Western Illinois University, the Illinois | 6 |
| Mathematics and Science
Academy and the Board of Higher | 7 |
| Education require the approval of the Board of
Higher Education | 8 |
| and the Governor. Transfers among appropriations to all other
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| agencies require the approval of the Governor.
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| The officer responsible for approval shall certify that the
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| transfer is necessary to carry out the programs and purposes | 12 |
| for which
the appropriations were made by the General Assembly | 13 |
| and shall transmit
to the State Comptroller a certified copy of | 14 |
| the approval which shall
set forth the specific amounts | 15 |
| transferred so that the Comptroller may
change his records | 16 |
| accordingly. The Comptroller shall furnish the
Governor with | 17 |
| information copies of all transfers approved for agencies
of | 18 |
| the Legislative and Judicial departments and transfers | 19 |
| approved by
the constitutionally elected officials of the | 20 |
| Executive branch other
than the Governor, showing the amounts | 21 |
| transferred and indicating the
dates such changes were entered | 22 |
| on the Comptroller's records.
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| (e) The State Board of Education, in consultation with the | 24 |
| State Comptroller, may transfer line item appropriations for | 25 |
| General State Aid between from the Common School Fund and to | 26 |
| the Education Assistance Fund. |
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| (Source: P.A. 95-707, eff. 1-11-08; 96-37, eff. 7-13-09; | 2 |
| 96-820, eff. 11-18-09.)
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| Section 10. The School Code is amended by changing Section | 4 |
| 3-2.5 as follows:
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| (105 ILCS 5/3-2.5)
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| Sec. 3-2.5. Salaries.
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| (a) Except as otherwise provided in this Section, the
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| regional superintendents of schools shall receive for their | 9 |
| services an annual
salary according to the population, as | 10 |
| determined by the last preceding federal
census, of the region | 11 |
| they serve, as set out in the following schedule:
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12 | | SALARIES OF REGIONAL SUPERINTENDENTS OF
| 13 | | SCHOOLS |
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14 | | POPULATION OF REGION |
ANNUAL SALARY |
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15 | | Less than 48,000 |
$73,500 |
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16 | | 48,000 to 99,999 |
$78,000 |
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17 | | 100,000 to 999,999 |
$81,500 |
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18 | | 1,000,000 and over |
$83,500 |
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| The changes made by Public Act 86-98 in the annual salary | 20 |
| that the
regional superintendents of schools shall receive for | 21 |
| their services shall
apply to the annual salary received by the | 22 |
| regional superintendents of
schools during each of their | 23 |
| elected terms of office that
commence after
July 26, 1989 and | 24 |
| before the first Monday of August, 1995.
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| The changes made by Public Act 89-225 in the annual salary | 2 |
| that
regional superintendents of schools shall receive for | 3 |
| their services shall
apply to the annual salary received by the | 4 |
| regional superintendents of schools
during their elected terms | 5 |
| of office that
commence after August 4,
1995 and end on August | 6 |
| 1, 1999.
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| The changes made by this amendatory Act of the 91st General | 8 |
| Assembly in the
annual salary that the regional superintendents | 9 |
| of schools shall receive for
their services shall apply to the | 10 |
| annual salary received by the regional
superintendents of | 11 |
| schools during each of their elected terms of office that
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| commence on or after August 2, 1999.
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| Beginning July 1, 2000, the salary that the regional | 14 |
| superintendent
of schools receives for his or her services | 15 |
| shall be adjusted annually to
reflect the percentage increase, | 16 |
| if any, in the most recent Consumer Price
Index, as defined and | 17 |
| officially reported by the United States Department of
Labor, | 18 |
| Bureau of Labor Statistics, except that no annual increment may | 19 |
| exceed
2.9%. If the percentage of change in the
Consumer Price | 20 |
| Index is a percentage decrease, the salary that the regional
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| superintendent of schools receives shall not be adjusted for | 22 |
| that year.
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| When regional superintendents are authorized by the School | 24 |
| Code to
appoint assistant regional superintendents, the | 25 |
| assistant regional
superintendent shall receive an annual | 26 |
| salary based on his or her
qualifications and computed as a |
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| percentage of the salary of the
regional superintendent to whom | 2 |
| he or she is assistant, as set out in the
following schedule:
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3 | | SALARIES OF ASSISTANT REGIONAL | 4 | | SUPERINTENDENTS |
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5 | | QUALIFICATIONS OF |
PERCENTAGE OF SALARY |
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6 | | ASSISTANT REGIONAL |
OF REGIONAL |
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7 | | SUPERINTENDENT |
SUPERINTENDENT |
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8 | | No Bachelor's degree, but State |
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9 | | certificate valid for teaching | |
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10 | | and supervising. |
70% |
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11 | | Bachelor's degree plus |
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12 | | State certificate valid | |
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13 | | for supervising. |
75% |
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14 | | Master's degree plus |
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15 | | State certificate valid | |
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16 | | for supervising. |
90% |
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| However, in any region in which the appointment of more | 18 |
| than one
assistant regional superintendent is authorized, | 19 |
| whether by Section
3-15.10 of this Code or otherwise, not more | 20 |
| than one assistant may
be compensated at the 90% rate and any | 21 |
| other assistant shall be paid at
not exceeding the 75% rate, in | 22 |
| each case depending on the qualifications
of the assistant.
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| The salaries provided in this Section for regional | 24 |
| superintendents
and assistant regional superintendents are | 25 |
| payable monthly from the
Common School Fund . The State | 26 |
| Comptroller in making his or her warrant to
any county for the |
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| amount due it from the Common School Fund shall deduct
from it | 2 |
| the several amounts for which warrants have been issued to the
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| regional superintendent, and any assistant regional | 4 |
| superintendent, of
the educational service region encompassing | 5 |
| the county since the
preceding apportionment of the Common | 6 |
| School Fund .
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| County boards may provide for additional compensation for | 8 |
| the
regional superintendent or the assistant regional | 9 |
| superintendents, or
for each of them, to be paid quarterly from | 10 |
| the county treasury.
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| (b) Upon abolition on July 1, 1994, of the office of | 12 |
| regional
superintendent of schools in educational service | 13 |
| regions containing
2,000,000 or more inhabitants as provided in | 14 |
| Section 3-0.01
of this Code, the provisions of subsection (a) | 15 |
| of this Section shall
no longer apply in any educational | 16 |
| service region in which the office of
regional superintendent | 17 |
| of schools is so abolished, and no salary or other
compensation | 18 |
| shall be payable under that subsection (a) or under any other
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| provision of this Section with respect to the office so | 20 |
| abolished or
with respect to any assistant position to the | 21 |
| office so abolished.
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| (c) If the State pays all or any portion of the employee | 23 |
| contributions
required under Section 16-152 of the Illinois | 24 |
| Pension Code for employees of the
State Board of Education, it | 25 |
| shall also pay the employee contributions required
of regional | 26 |
| superintendents of schools and assistant regional |
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| superintendents
of schools on the same basis, but excluding any | 2 |
| contributions based on
compensation that is paid by the county | 3 |
| rather than the State.
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| This subsection (c) applies to contributions based on | 5 |
| payments of salary
earned after the effective date of this | 6 |
| amendatory Act of the 91st General
Assembly, except that in the | 7 |
| case of an elected regional superintendent of
schools, this | 8 |
| subsection does not apply to contributions based on payments of
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| salary earned during a term of office that commenced before the | 10 |
| effective date
of this amendatory Act.
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| (Source: P.A. 91-276, eff. 7-23-99 .)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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