Illinois General Assembly - Full Text of Public Act 096-0216
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Public Act 096-0216




Public Act 096-0216
SB1401 Enrolled LRB096 10794 AMC 21003 b

    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 3-145 as follows:
    (40 ILCS 5/3-145)  (from Ch. 108 1/2, par. 3-145)
    Sec. 3-145. Referendum in municipalities less than 5,000.
    (a) This Article shall not be effective in any municipality
having a population of less than 5,000 unless the proposition
to adopt the Article is submitted to and approved by the voters
of the municipality in the manner herein provided.
    Whenever the electors of the municipality, equal in number
to 5% of the number of legal votes cast at the last preceding
general municipal election, petition the city, village or town
clerk to submit the proposition whether that municipality shall
adopt this Article, the officer to whom the petition is
addressed shall certify the proposition to the proper election
officials who shall submit the proposition in accordance with
the general election law at a regular election in the
municipality provided that notice of the referendum, if held
before July 1, 1999, has been given in accordance with the
provisions of Section 12-5 of the Election Code in effect at
the time of the bond referendum, at least 10 and not more than
45 days before the date of the election, notwithstanding the
time for publication otherwise imposed by Section 12-5. Notices
required in connection with the submission of public questions
on or after July 1, 1999 shall be as set forth in Section 12-5
of the Election Code. If the proposition is not adopted at that
election, it may be submitted in like manner at any regular
election thereafter. The proposition shall be substantially in
the following form:
    Shall the city (or village or
incorporated town) of.... adopt           YES
Article 3 of the "Illinois Pension    -----------------------
Code", pertaining to the creation         NO
of a police pension fund?
If a majority of the votes cast on the proposition is for the
proposition, this Article is adopted in that municipality.
    (b) For a period of 60 days after the effective date of
this amendatory Act of the 96th General Assembly, if a
municipality having a population of less than 5,000 has adopted
this Article in accordance with the provisions of subsection
(a), the municipality may elect to terminate participation
under this Article if all of the following conditions are met:
        (1) An independent auditor certifies that the fund
    created under this Article has no liabilities and there are
    no members or participants in the fund and no beneficiaries
    entitled to benefits under the fund.
        (2) The corporate authorities of the municipality, by
    ordinance, approve the closing of the fund.
    If the conditions of this subsection (b) are met and the
closed fund contains assets, those assets shall be transferred
to the municipality for its general corporate purposes.
    If a municipality that terminates participation under this
Article in accordance with this subsection (b) wants to
reinstate the fund, then the proposition to re-adopt the
Article must be submitted to and approved by the voters of the
municipality in the manner provided in subsection (a).
(Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2009