HB3606 Engrossed LRB096 11400 AMC 21864 b

1     AN ACT in relation to 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 Section 7-137.1 as follows:
 
6     (40 ILCS 5/7-137.1)  (from Ch. 108 1/2, par. 7-137.1)
7     Sec. 7-137.1. Elected officials.
8     (a) A person holding an elective office who has elected to
9 participate in the Fund while in that office may revoke that
10 election and cease participating in the Fund by notifying the
11 Board in writing before January 1, 1992.
12     Upon such revocation, the person shall forfeit all
13 creditable service earned while holding that office, and the
14 Board shall refund to the person, without interest, all
15 employee contributions paid for the forfeited creditable
16 service. The Board shall also refund or credit to the employing
17 municipality, without interest, the employer contributions
18 relating to the forfeited service, except those for death and
19 disability.
20     (b) Notwithstanding the provisions of Section 7-141 and
21 Section 7-144, beginning on the effective date of this
22 amendatory Act of the 96th General Assembly, a person who holds
23 an elective office and has not elected to participate in the

 

 

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1 Fund with respect to that term of office shall not be
2 disqualified from receiving a retirement annuity during that
3 term of office by reason of holding that office, provided that
4 (i) the person waives his or her salary and stipend for that
5 elective office and (ii) the annuity is not based on any
6 credits received for participating during that term of office.
7 Notwithstanding the provisions of Sections 7-141 and 7-144,
8 beginning January 1, 1992, a person who holds an elective
9 office and has not elected to participate in the Fund with
10 respect to that office (or has revoked his election to
11 participate with respect to that office under subsection (a) of
12 this Section) shall not be disqualified from receiving a
13 retirement annuity by reason of holding such office, provided
14 that the annuity is not based on any credits received for
15 participating while holding that office.
16 (Source: P.A. 87-740.)
 
17     Section 90. The State Mandates Act is amended by adding
18 Section 8.33 as follows:
 
19     (30 ILCS 805/8.33 new)
20     Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
21 of this Act, no reimbursement by the State is required for the
22 implementation of any mandate created by this amendatory Act of
23 the 96th General Assembly.
 
24     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.