Full Text of HB4640 99th General Assembly
HB4640 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4640 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED: |
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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", increases the threshold for mandatory creation of a pension fund from 5,000 to 10,000 inhabitants. Provides that any city, village or incorporated town of 5,000
or more but less than 10,000 inhabitants that has not established a pension fund may elect to do so by ordinance or referendum. Effective immediately.
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| | | PENSION IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 10,000 5,000
or more but less | 9 | | than 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 ; and (2) any city, village | 12 | | or incorporated town of 5,000
or more but less than 10,000 | 13 | | inhabitants that has established a pension fund under this | 14 | | Article on or before the effective date of this amendatory Act | 15 | | of the 99th General Assembly or elects, by ordinance, to adopt | 16 | | this Article after that effective date; and (3) any city, | 17 | | village or incorporated
town of
less than 10,000 5,000 | 18 | | inhabitants which, by referendum held under Section 3-145 ,
| 19 | | adopts this Article.
| 20 | | (Source: P.A. 83-1440.)
| 21 | | (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
| 22 | | Sec. 3-145. Referendum in municipalities less than 10,000 |
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| 1 | | 5,000 . | 2 | | (a) As used in this Section, the term "municipality" means | 3 | | any city, village, or incorporated town in Illinois, | 4 | | notwithstanding Section 3-103 of this Article. | 5 | | This Article
shall become not be effective in any
| 6 | | municipality having a population of less than 10,000 if 5,000 | 7 | | unless the
proposition to adopt the Article is submitted
to and | 8 | | approved
by the voters of the municipality in the manner herein | 9 | | provided.
| 10 | | Whenever the electors of the municipality, equal in number | 11 | | to 5% of
the number of legal votes cast at the last preceding | 12 | | general municipal
election, petition the city, village or town | 13 | | clerk to submit the proposition
whether
that municipality shall | 14 | | adopt this Article, the officer to whom the
petition is | 15 | | addressed shall certify the proposition to the proper election
| 16 | | officials who shall submit the proposition in accordance
with | 17 | | the general election law at a regular election in the | 18 | | municipality
provided that notice of the referendum, if held
| 19 | | before July 1, 1999,
has been given in accordance with the | 20 | | provisions of Section
12-5
of the Election Code in effect at | 21 | | the time of the bond referendum, at least
10 and not more than | 22 | | 45 days before the date of
the election, notwithstanding the | 23 | | time for publication otherwise imposed by
Section 12-5.
Notices | 24 | | required in connection with the submission of public questions
| 25 | | on or after July 1, 1999 shall be as set forth in Section 12-5 | 26 | | of the Election
Code.
If the proposition is not adopted at
that |
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| 1 | | election, it may be submitted in like manner at any regular | 2 | | election
thereafter. The
proposition shall be substantially in | 3 | | the following form:
| 4 | | -------------------------------------------------------------
| 5 | | Shall the city (or village or
| 6 | | incorporated town) of.... adopt YES
| 7 | | Article 3 of the "Illinois Pension -----------------------
| 8 | | Code", pertaining to the creation NO
| 9 | | of a police pension fund?
| 10 | | -------------------------------------------------------------
| 11 | | If a majority of the votes cast on the proposition
is for the | 12 | | proposition, this Article is adopted in that municipality.
| 13 | | (b) For a period of 60 days after August 10, 2009 ( the | 14 | | effective date of Public Act 96-216) this amendatory Act of the | 15 | | 96th General Assembly , if a municipality having a population of | 16 | | less than 5,000 has adopted this Article in accordance with the | 17 | | provisions of subsection (a), the municipality may elect to | 18 | | terminate participation under this Article if all of the | 19 | | following conditions are met: | 20 | | (1) An independent auditor certifies that the fund | 21 | | created under this Article has no liabilities and there are | 22 | | no members or participants in the fund and no beneficiaries | 23 | | entitled to benefits under the fund. | 24 | | (2) The corporate authorities of the municipality, by | 25 | | ordinance, approve the closing of the fund. | 26 | | If the conditions of this subsection (b) are met and the |
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| 1 | | closed fund contains assets, those assets shall be transferred | 2 | | to the municipality for its general corporate purposes.
| 3 | | If a municipality that terminates participation under this | 4 | | Article in accordance with this subsection (b) wants to | 5 | | reinstate the fund, then the proposition to re-adopt the | 6 | | Article must be submitted to and approved
by the voters of the | 7 | | municipality in the manner provided in subsection (a).
| 8 | | (Source: P.A. 96-216, eff. 8-10-09.)
| 9 | | (40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
| 10 | | Sec. 4-103. Municipality. "Municipality": (1) Any city, | 11 | | township, village or incorporated town
of 10,000 5,000 or more | 12 | | but less than 500,000
inhabitants, and any fire protection | 13 | | district having any full-time
paid firefighters ; , and (2) any | 14 | | city, village or incorporated town of 5,000
or more but less | 15 | | than 10,000 inhabitants that has established a pension fund | 16 | | under this Article on or before the effective date of this | 17 | | amendatory Act of the 99th General Assembly or elects, by | 18 | | ordinance, to adopt this Article after that effective date; and | 19 | | (3) any city, village,
incorporated town or township of less | 20 | | than 10,000 5,000 inhabitants having a full-time
paid fire | 21 | | department which adopts the provisions of this article
pursuant | 22 | | to the provisions of Section 4-141. | 23 | | The term "city council" or
"board of trustees" includes
the | 24 | | board of trustees of a fire protection district and the board | 25 | | of town
trustees or other persons empowered to
draft the |
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| 1 | | tentative budget and appropriation ordinance and the electors | 2 | | of
such a township acting at the annual or special meeting of | 3 | | town
electors.
| 4 | | (Source: P.A. 83-1440.)
| 5 | | (40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
| 6 | | Sec. 4-141. Referendum in municipalities less than 10,000 | 7 | | 5,000 . | 8 | | (a) As used in this Section, the term "municipality" means | 9 | | any city, village, or incorporated town in Illinois, | 10 | | notwithstanding Section 4-103 of this Article. | 11 | | (b) This Article shall become effective in any municipality | 12 | | having a population of less than
10,000 5,000, population if | 13 | | the proposition to adopt
the Article is submitted to and | 14 | | approved by the voters of the
municipality in the manner herein | 15 | | provided.
| 16 | | (c) Whenever the electors of the municipality equal in | 17 | | number to 5% of
the number of legal votes cast at the last | 18 | | preceding general municipal
election for mayor or president, as | 19 | | the case may be, petition the
corporate authorities of the | 20 | | municipality to submit the proposition whether that
| 21 | | municipality shall adopt this Article, the municipal clerk | 22 | | shall certify
the proposition to the proper election official | 23 | | who shall submit it to the
electors in accordance with the | 24 | | general election law at the next
succeeding regular election in | 25 | | the municipality. If the proposition is not
adopted at that
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| 1 | | election, it may be submitted in like manner at any regular
| 2 | | election thereafter.
| 3 | | The proposition
shall be substantially in the following | 4 | | form:
| 5 | | -------------------------------------------------------------
| 6 | | Shall the city (or village or
| 7 | | incorporated town as the case may be) YES
| 8 | | of.... adopt Article 4 of the
| 9 | | "Illinois Pension Code", ------------------
| 10 | | providing for a Firefighters' NO
| 11 | | Pension Fund and the levying
| 12 | | of an annual tax therefor?
| 13 | | -------------------------------------------------------------
| 14 | | If a majority of the votes cast on the proposition is for | 15 | | the proposition,
this Article is adopted in that
municipality.
| 16 | | (Source: P.A. 83-1440 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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