Public Act 90-0460 of the 90th General Assembly

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Public Act 90-0460

HB0593 Enrolled                                LRB9001461EGfg

    AN ACT to amend the Illinois  Pension  Code  by  changing
Sections 3-109, 3-109.1, 3-110, 3-111, 7-109, and 9-179.3 and
adding  Sections  3-110.7  and 7-139.9 and to amend the State
Mandates Act.

    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 Sections 3-109, 3-109.1, 3-110,  3-111,  7-109,  and
9-179.3 and adding Sections 3-110.7 and 7-139.9 as follows:

    (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
    Sec. 3-109.  Persons excluded.
    (a)  The  following  persons  shall  not  be  eligible to
participate in a fund created under this Article:
         (1)  part-time  police  officers,   special   police
    officers,  night  watchmen,  temporary employees, traffic
    guards or so-called auxiliary police  officers  specially
    appointed  to aid or direct traffic at or near schools or
    public functions, or to aid in civil  defense,  municipal
    parking   lot   attendants,   clerks  or  other  civilian
    employees of a police  department  who  perform  clerical
    duties exclusively;
         (2)   any  police  officer  who  fails  to  pay  the
    contributions required under  Section  3-125.1,  computed
    (i)  for  funds established prior to August 5, 1963, from
    the date the municipality established  the  fund  or  the
    date  of  a police officer's first appointment (including
    an appointment on probation),   whichever  is  later,  or
    (ii) for funds established after August 5, 1963, from the
    date,   as  determined  from  the  statistics  or  census
    provided  in  Section  3-103,  the  municipality   became
    subject   to   this  Article  by  attaining  the  minimum
    population or by referendum, or  the  date  of  a  police
    officer's  first appointment (including an appointment on
    probation), whichever is later, and continuing during his
    or her entire service as a police officer; and
         (3) any person who has elected under Section 3-109.1
    to participate in the Illinois Municipal Retirement  Fund
    rather  than  in  a  fund established under this Article,
    without regard to whether  the  person  continues  to  be
    employed  as chief of police or is employed in some other
    rank or capacity within the police department, unless the
    person has lawfully rescinded that election.
    (b)  A police officer who is  reappointed  shall,  before
being  declared  eligible to participate in the pension fund,
repay to the fund as required by  Section  3-124  any  refund
received thereunder.
    (c)  Any  person  otherwise  qualified to participate who
was  excluded  from  participation  by  reason  of  the   age
restriction  removed  by  Public  Act  79-1165  may  elect to
participate by making a  written  application  to  the  Board
before  January  1,  1990.   Persons  so electing shall begin
participation on the first day of  the  month  following  the
date   of  application.   Such  persons  may  also  elect  to
establish creditable service for periods of employment  as  a
police  officer  during  which  they  did  not participate by
paying into the police pension fund, before January 1,  1990,
the  amount  that  the  person  would  have  contributed  had
deductions from salary been made for such purpose at the time
such  service was rendered, together with interest thereon at
6% per annum from the time such service  was  rendered  until
the date the payment is made.
    (d)  A  person otherwise qualified to participate who was
excluded  from  participation  by  reason  of   the   fitness
requirement  removed by this amendatory Act of 1995 may elect
to participate by making a written application to  the  Board
before  July  1,  1996.   Persons  so  electing  shall  begin
participation  on  the  first  day of the month following the
month in which the application  is  received  by  the  Board.
These  persons may also elect to establish creditable service
for periods of employment as a police  officer  during  which
they  did  not  participate by paying into the police pension
fund, before January 1, 1997,  the  amount  that  the  person
would  have  contributed had deductions from salary been made
for this purpose  at  the  time  the  service  was  rendered,
together  with  interest  thereon at 6% per annum, compounded
annually, from the time the service was  rendered  until  the
date of payment.
(Source: P.A. 89-52, eff. 6-30-95.)

    (40 ILCS 5/3-109.1) (from Ch. 108 1/2, par. 3-109.1)
    Sec. 3-109.1. Chief of police.
    (a)  Beginning   January  1,  1990,  any  person  who  is
employed  as  the  chief  of  police  of   a   "participating
municipality"  as  defined in Section 7-106 of this Code, may
elect to participate in  the  Illinois  Municipal  Retirement
Fund  rather  than  in  a  fund created under this Article 3.
Except as provided in  subsection  (b),  this  Such  election
shall  be irrevocable, and shall be filed in writing with the
Board of the Illinois Municipal Retirement Fund.
    (b)  Until January 1, 1999, a chief  of  police  who  has
elected under this Section to participate in IMRF rather than
a  fund  created under this Article may elect to rescind that
election and transfer his or her participation to the  police
pension  fund established under this Article by the employing
municipality.  The chief must notify the boards  of  trustees
of  both  funds  in writing of his or her decision to rescind
the election and transfer participation.   A chief of  police
who  transfers  participation under this subsection (b) shall
not be deemed ineligible to participate in the police pension
fund by reason of having failed to apply within  the  3-month
period specified in Section 3-106.
(Source: P.A. 86-273.)

    (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
    Sec. 3-110.  Creditable service.
    (a)  "Creditable  service" is the time served by a police
officer as a member of a regularly constituted  police  force
of  a municipality. In computing creditable service furloughs
without pay exceeding 30 days shall not be counted,  but  all
leaves  of  absence  for  illness  or accident, regardless of
length, and all periods of disability retirement for which  a
police  officer  has  received no disability pension payments
under this Article shall be counted.
    (b)  Creditable service includes all periods  of  service
in  the  military,  naval  or air forces of the United States
entered  upon  while  an   active   police   officer   of   a
municipality,  provided  that  upon  applying for a permanent
pension, and in accordance with the rules of the  board,  the
police  officer  pays  into  the  fund the amount the officer
would have contributed if  he  or  she  had  been  a  regular
contributor  during  such  period,  to  the  extent  that the
municipality which the police officer  served  has  not  made
such contributions in the officer's behalf.  The total amount
of  such  creditable service shall not exceed 5 years, except
that any police officer who on July 1, 1973 had more  than  5
years  of  such  creditable  service  shall receive the total
amount thereof.
    (c)  Creditable service also includes service rendered by
a police officer while on leave  of  absence  from  a  police
department  to serve as an executive of an organization whose
membership  consists  of  members  of  a  police  department,
subject to the following conditions:  (i) the police  officer
is  a  participant  of  a fund established under this Article
with at least 10 years of service as a police  officer;  (ii)
the  police officer received no credit for such service under
any other retirement system, pension  fund,  or  annuity  and
benefit  fund  included  in  this Code; (iii) pursuant to the
rules of the board the police officer pays to  the  fund  the
amount  he or she would have contributed had the officer been
an active member of  the  police  department;  and  (iv)  the
organization  pays a contribution equal to the municipality's
normal cost for that period of service.
    (d)(1)  Creditable  service  also  includes  periods   of
service originally established in another police pension fund
under this Article or in the Fund established under Article 7
of  this  Code  for  which  (i)  the  contributions have been
transferred under Section 3-110.7 or Section 7-139.9 and (ii)
any additional contribution required under paragraph  (2)  of
this  subsection has been paid in full in accordance with the
requirements of this subsection (d).
    (2)  If the board of the pension fund to which creditable
service  and  related  contributions  are  transferred  under
Section  3-110.7  or  7-139.9  determines  that  the   amount
transferred is less than the true cost to the pension fund of
allowing  that  creditable service to be established, then in
order to establish that creditable service the police officer
must pay to the  pension  fund,  within  the  payment  period
specified  in paragraph (3) of this subsection, an additional
contribution equal to the difference, as  determined  by  the
board  in  accordance  with  the rules and procedures adopted
under paragraph (6) of this subsection.
    (3)  Except as provided in paragraph (4), the  additional
contribution  must  be  paid  to the board (i) within 5 years
from the date of the transfer of contributions under  Section
3-110.7  or  7-139.9  and  (ii)  before  the  police  officer
terminates   service   with   the   fund.    The   additional
contribution  may be paid in a lump sum or in accordance with
a schedule of installment payments authorized by the board.
    (4)  If the police officer dies in service before payment
in full has been made and before the expiration of the 5-year
payment period, the surviving spouse of the officer may elect
to pay the unpaid amount on the  officer's  behalf  within  6
months  after the date of death, in which case the creditable
service shall  be  granted  as  though  the  deceased  police
officer  had paid the remaining balance on the day before the
date of death.
    (5)  If the additional contribution is not paid  in  full
within the required time, the creditable service shall not be
granted  and  the  police officer (or the officer's surviving
spouse or estate) shall be entitled to receive  a  refund  of
(i)  any  partial payment of the additional contribution that
has been made by the police officer and (ii)  those  portions
of  the  amounts  transferred  under  subdivision  (a)(1)  of
Section  3-110.7 or subdivisions (a)(1) and (a)(3) of Section
7-139.9 that represent employee  contributions  paid  by  the
police  officer  (but  not  the accumulated interest on those
contributions) and interest paid by the police officer to the
prior pension fund in order to reinstate  service  terminated
by acceptance of a refund.
    Transferred  credit that is not granted due to failure to
pay the additional contribution within the required  time  is
lost;  it  may not be transferred to another pension fund and
may not be reinstated in the pension fund from which  it  was
transferred.
    (6)  The  Public  Employee  Pension  Fund Division of the
Department of Insurance shall establish by rule the manner of
making the calculation required under paragraph (2)  of  this
subsection,  taking  into  account  the appropriate actuarial
assumptions; the police officer's service,  age,  and  salary
history;  the  level  of funding of the pension fund to which
the credits are being transferred; and any other factors that
the Division  determines  to  be  relevant.   The  rules  may
require  that  all  calculations  made under paragraph (2) be
reported  to  the  Division  by  the  board  performing   the
calculation,  together  with  documentation of the creditable
service to be transferred, the amounts of  contributions  and
interest   to   be  transferred,  the  manner  in  which  the
calculation was performed, the numbers relied upon in  making
the  calculation,  the  results  of  the calculation, and any
other information the Division may deem useful.
(Source: P.A. 89-52, eff. 6-30-95.)

    (40 ILCS 5/3-110.7 new)
    Sec. 3-110.7. Transfer between Article 3 funds.
    (a)  An active member of a pension fund established under
this Article may apply for transfer to that fund  of  his  or
her  creditable service and related contributions accumulated
in any other  police  pension  fund  established  under  this
Article,  except  that  a  police  officer  may  not transfer
creditable service under this Section  from  a  pension  fund
unless  (i)  the police officer actively served in the police
department under that fund for at least  2  years,  (ii)  the
police officer actively served in the police department under
that fund for less than 2 years but was laid off or otherwise
involuntarily terminated for a reason other than the fault of
the  officer,  or (iii) the police officer was not in service
in the police department under that  fund  on  or  after  the
effective   date   of   this   Section.  Upon  receiving  the
application, that other pension fund shall  transfer  to  the
pension fund in which the applicant currently participates an
amount equal to:
         (1)  the  amounts  actually  contributed  by  or  on
    behalf   of   the  applicant  to  the  fund  as  employee
    contributions  (including  any  interest  paid   by   the
    applicant  in  order to reinstate service), plus interest
    on those amounts at the rate of 6% per  year,  compounded
    annually,  from  the  date of contribution to the date of
    transfer; plus
         (2)  an amount representing employer  contributions,
    equal  to  the  total amount determined under subdivision
    (1).
Participation in that other pension fund shall  terminate  on
the date of transfer.
    (b)  An active member of a pension fund established under
this  Article may reinstate service in any other pension fund
established under this Article that was terminated by receipt
of a refund, by paying to that other pension fund the  amount
of  the  refund  plus  interest thereon at the rate of 6% per
year, compounded annually, from the date  of  refund  to  the
date of payment.

    (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
    Sec. 3-111.  Pension.
    (a)  A  police  officer  age  50  or more with 20 or more
years of creditable service, who is no longer in service as a
police officer, shall receive a pension of 1/2 of the  salary
attached  to the rank held by the officer on the police force
for one year immediately prior to  retirement  or,  beginning
July 1, 1987 for persons terminating service on or after that
date, the salary attached to the rank held on the last day of
service  or  for one year prior to the last day, whichever is
greater.  The pension shall be increased by 2% of such salary
for each additional year of service over 20 years, up  to  30
years,  and  1%  of  such  salary for each additional year of
service over 30 years, to a maximum of 75%  of  such  salary.
No  pension in effect on or granted after June 30, l973 shall
be less than $200 per month.  Beginning  July  1,  1987,  the
minimum  retirement  pension  for  a police officer having at
least 20 years of creditable service shall be $400 per month,
without regard to whether or not retirement occurred prior to
that date.
    (b)  A police officer mandatorily  retired  from  service
due  to  age  by operation of law, having at least 8 but less
than 20 years of creditable service, shall receive a  pension
equal  to 2 1/2% of the salary attached to the rank he or she
held on the police force for one year  immediately  prior  to
retirement or, beginning July 1, 1987 for persons terminating
service  on  or  after  that date, the salary attached to the
rank held on the last day of service or for one year prior to
the  last  day,  whichever  is  greater,  for  each  year  of
creditable service.
    A police officer who retires or is separated from service
having at least 8 years but less than 20 years of  creditable
service,  who  is  not  mandatorily  retired  due  to  age by
operation of law, and who does not  apply  for  a  refund  of
contributions  at  his  or  her  last  separation from police
service, shall receive a pension upon attaining age 60  equal
to 2.5% of the salary attached to the rank held by the police
officer on the police force for one year immediately prior to
retirement or, beginning July 1, 1987 for persons terminating
service  on  or  after  that date, the salary attached to the
rank held on the last day of service or for one year prior to
the  last  day,  whichever  is  greater,  for  each  year  of
creditable service.
    (c)  A police officer no longer in  service  who  has  at
least  one  but  less than 8 years of creditable service in a
police pension  fund  but  meets  the  requirements  of  this
subsection  (c)  shall  be eligible to receive a pension from
that fund equal to 2.5% of the salary attached  to  the  rank
held  on  the  last day of service under that fund or for one
year prior to that last day, whichever is greater,  for  each
year  of  creditable service in that fund.  The pension shall
begin no earlier than upon attainment  of  age  60  (or  upon
mandatory retirement from the fund by operation of law due to
age, if that occurs before age 60) and in no event before the
effective date of this amendatory Act of 1997.
    In  order  to  be  eligible  for  a  pension  under  this
subsection (c), the police officer must have at least 8 years
of  creditable  service in a second police pension fund under
this Article and be receiving a pension under subsection  (a)
or  (b)  of  this  Section from that second fund.  The police
officer need not be in service on or after the effective date
of this amendatory Act of 1997.
(Source: P.A. 85-941.)

    (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
    Sec. 7-109. Employee.
    (1)  "Employee" means any person who:
         (a)  1.  Receives  earnings  as  payment   for   the
         performance  of personal services or official duties
         out of the general fund of a municipality, or out of
         any  special  fund  or   funds   controlled   by   a
         municipality, or by an instrumentality thereof, or a
         participating    instrumentality,    including,   in
         counties, the fees or earnings  of  any  county  fee
         office; and
              2.  Under the usual common law rules applicable
         in  determining  the employer-employee relationship,
         has the status of an employee with  a  municipality,
         or  any  instrumentality thereof, or a participating
         instrumentality,    including    aldermen,    county
         supervisors  and  other  persons  (excepting   those
         employed  as  independent  contractors) who are paid
         compensation, fees, allowances  or  other  emolument
         for  official  duties, and, in counties, the several
         county fee offices.
         (b)  Serves as a township treasurer appointed  under
    the  School Code, as heretofore or hereafter amended, and
    who receives for such services  regular  compensation  as
    distinguished from per diem compensation, and any regular
    employee  in the office of any township treasurer whether
    or not his earnings are  paid  from  the  income  of  the
    permanent   township   fund  or  from  funds  subject  to
    distribution to the several school districts and parts of
    school districts as provided in the School Code, or  from
    both such sources.
         (c)  Holds  an  elective  office  in a municipality,
    instrumentality thereof or participating instrumentality.
    (2)  "Employee" does not include persons who:
         (a)  Are eligible for inclusion  under  any  of  the
    following laws:
              1.  "An  Act  in  relation to an Illinois State
         Teachers' Pension and Retirement Fund", approved May
         27, 1915, as amended;
              2.  Articles 15 and 16 of this Code.
         However, such persons shall be included as employees
    to the extent of  earnings  that  are  not  eligible  for
    inclusion under the foregoing laws for services not of an
    instructional nature of any kind.
         However,  any  member  of  the  armed  forces who is
    employed as a teacher of subjects in the Reserve Officers
    Training Corps of any school and  who  is  not  certified
    under  the  law  governing  the certification of teachers
    shall be included as an employee.
         (b)  Are designated  by  the  governing  body  of  a
    municipality  in  which a pension fund is required by law
    to be established for policemen or firemen, respectively,
    as performing police or fire  protection  duties,  except
    that  when  such  persons  are the heads of the police or
    fire department and  are  not  eligible  to  be  included
    within  any  such  pension  fund,  they shall be included
    within this Article; provided, that  such  persons  shall
    not  be  excluded to the extent of concurrent service and
    earnings not designated  as  being  for  police  or  fire
    protection  duties.    However,  (i) any head of a police
    department who  was  a  participant  under  this  Article
    immediately  before  October  1,  1977 and did not elect,
    under Section 3-109 of this  Act,  to  participate  in  a
    police  pension fund shall be an "employee", and (ii) any
    chief of police who elects to participate  in  this  Fund
    under Section 3-109.1 of this Code, regardless of whether
    such  person  continues to be employed as chief of police
    or is employed in some other rank or capacity within  the
    police  department,  shall  be  an  employee  under  this
    Article for so long as such person is employed to perform
    police duties by a participating municipality and has not
    lawfully rescinded that election.
    (3)  All  persons,  including, without limitation, public
defenders and probation officers, who receive  earnings  from
general  or  special  funds  of  a  county for performance of
personal services or official duties within  the  territorial
limits  of  the  county,  are employees of the county (unless
excluded by subsection (2) of this  Section)  notwithstanding
that  they  may  be  appointed  by  and  are  subject  to the
direction of a person or persons other than a county board or
a  county  officer.   It  is  hereby  established   that   an
employer-employee  relationship  under  the  usual common law
rules exists between such employees  and  the  county  paying
their  salaries  by reason of the fact that the county boards
fix  their  rates  of  compensation,  appropriate  funds  for
payment of their earnings and otherwise exercise control over
them.  This finding and this amendatory Act  shall  apply  to
all  such employees from the date of appointment whether such
date is  prior  to  or  after  the  effective  date  of  this
amendatory  Act  and  is  intended  to  clarify  existing law
pertaining to their status as participating employees in  the
Fund.
(Source: P.A. 86-273; 86-820; 86-1028.)

    (40 ILCS 5/7-139.9 new)
    Sec. 7-139.9. Transfer to Article 3 pension fund.
    (a)  Until  January  1,  1999,  a person who has lawfully
rescinded an election  to  participate  in  this  Fund  under
Section  3-109.1  and  has  become an active participant in a
police pension fund established under Article 3 of this  Code
may  apply  for transfer to that Article 3 fund of his or her
creditable  service  accumulated  under  this   Article   for
municipal  law  enforcement  service.   At  the  time  of the
transfer the Fund shall pay to the  police  pension  fund  an
amount equal to:
         (1)  the  amounts  accumulated  to the credit of the
    applicant  for   municipal   law   enforcement   service,
    including interest; and
         (2)  the municipality credits based on that service,
    including interest; and
         (3)  any  interest paid by the applicant in order to
    reinstate that service.
Participation in this Fund with respect  to  the  transferred
credits shall terminate on the date of transfer.
    For   the   purposes  of  this  Section,  "municipal  law
enforcement service" means service with the police department
of a  participating  municipality  for  which  the  applicant
established creditable service under this Article as a result
of an election under Section 3-109.1 of this Code.
    (b)  An active member of a pension fund established under
Article   3   of   this  Code  may  reinstate  municipal  law
enforcement service under this Article that was terminated by
receipt of a refund, by paying to the Fund the amount of  the
refund  plus  interest  thereon  at  the rate of 6% per year,
compounded annually, from the date of refund to the  date  of
payment.
    (c)  A chief of police who participates in this Fund as a
result  of an election under Section 3-109.1 may rescind that
election and transfer his or her participation from this Fund
to a police pension fund established under Article 3 of  this
Code  in  which  he  or  she  is  eligible to participate, as
provided in Section 3-109.1(b).  A transfer of  participation
under   this   subsection   (c)  and  Section  3-109.1(b)  is
irrevocable.

    (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3)
    Sec. 9-179.3.  Optional plan of additional  benefits  and
contributions.
    (a)  While  this  plan  is  in  effect,  an  employee may
establish additional optional credit for additional  optional
benefits   by  electing  in  writing  at  any  time  to  make
additional  optional   contributions.    The   employee   may
discontinue  making  the additional optional contributions at
any time by notifying the fund in writing.
    (b)  Additional optional contributions for the additional
optional benefits shall be as follows:
         (1)  For service after the  option  is  elected,  an
    additional   contribution   of  3%  of  salary  shall  be
    contributed to the fund on the same basis and  under  the
    same  conditions as contributions required under Sections
    9-170 and 9-176.
         (2)  For service before the option  is  elected,  an
    additional  contribution  of  3%  of  the  salary for the
    applicable  period  of  service,  plus  interest  at  the
    effective rate from the date of service to  the  date  of
    payment.   All  payments for past service must be paid in
    full before  credit  is  given.  No  additional  optional
    contributions  may  be made for any period of service for

    which credit has been previously forfeited by  acceptance
    of  a  refund,  unless  the refund is repaid in full with
    interest at the effective rate from the date of refund to
    the date of repayment.
    (c)  Additional optional benefits shall  accrue  for  all
periods    of   eligible   service   for   which   additional
contributions are paid in full.  The additional benefit shall
consist of an additional 1% for  each  year  of  service  for
which  optional  contributions  have  been paid, based on the
highest average annual salary for  any  4  consecutive  years
within the last 10 years of service immediately preceding the
date  of  withdrawal,  to be added to the employee retirement
annuity benefits as otherwise computed  under  this  Article.
The calculation of these additional benefits shall be subject
to  the  same  terms  and  conditions  as  are  used  in  the
calculation  of  retirement annuity under Section 9-134.  The
additional benefit shall be included in  the  calculation  of
the   automatic  annual  increase  in  annuity,  and  in  the
calculation of widow's annuity, where applicable.  However no
additional benefits will be granted  which  produce  a  total
annuity  greater  than the applicable maximum established for
that type of annuity in this Article, and additional benefits
shall  not  apply  to  any  benefit  computed  under  Section
9-128.1.
    (d)  Refunds of additional optional  contributions  shall
be  made  on  the same basis and under the same conditions as
provided under Sections 9-164,  9-166  and  9-167.   Interest
shall be credited at the effective rate on the same basis and
under the same conditions as for other contributions.
    (e)  Optional  contributions  shall be accounted for in a
separate Optional Contribution Reserve.
    (f)  The tax levy, computed under Section 9-169, shall be
based on  employee  contributions  including  the  amount  of
optional additional employee contributions.
    (g)  Service eligible under this Section may include only
service  as  an  employee of the County as defined in Section
9-108, and subject to Sections 9-219 and 9-220.   No  service
granted  under  Section  9-121.1, 9-121.4 or 9-179.2 shall be
eligible for optional service credit.   No  optional  service
credit  may  be  established for any military service, or for
any service under any other Article of this  Code.   Optional
service   credit   may  be  established  for  any  period  of
disability  paid  from  this  fund,  if  the  employee  makes
additional  optional  contributions  for  such   periods   of
disability.
    (h)  This  plan  of  optional  benefits and contributions
shall not apply to any former county  employee  receiving  an
annuity  from  the  fund,  who  re-enters service as a County
employee, unless he renders at least 3  years  of  additional
service after the date of re-entry.
    (i)  The   effective   date   of  the  optional  plan  of
additional benefits and contributions shall be July 1,  1985,
or the date upon which approval is received from the Internal
Revenue Service, whichever is later.
    (j)  This  plan  of additional benefits and contributions
shall expire July 1, 2002 1997.  No additional  contributions
may  be made after that date, and no additional benefits will
accrue after that date.
(Source: P.A. 86-1027; 87-794.)

    Section 90.  The State Mandates Act is amended by  adding
Section 8.21 as follows:

    (30 ILCS 805/8.21 new)
    Sec.  8.21.  Exempt  mandate.  Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is  required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of 1997.
    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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