97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1901

 

Introduced 2/16/2011, by Rep. Kay Hatcher

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-101  from Ch. 108 1/2, par. 3-101
40 ILCS 5/3-146 new
40 ILCS 5/4-101  from Ch. 108 1/2, par. 4-101
40 ILCS 5/4-141.5 new

    Amends the Downstate Police and Downstate Firefighters Articles of the Illinois Pension Code. Provides that if, after the official publication of the 2010 federal census of housing and population, an eligible municipality is for the first time required to participate under either of these Articles, then the corporate authorities of that municipality may, by resolution or ordinance adopted within 60 days after the effective date of the amendatory Act or 60 days after the official publication of the 2010 federal census of housing and population, whichever is later, elect not to participate under that Article, provided that, before the adoption of that resolution or ordinance may take place, an independent auditor must have certified that (i) a fund has not yet been created or (ii) a fund was created after the publication of the census data, but the fund does not have any outstanding liabilities or any members, participants, or beneficiaries entitled to benefits. Defines "eligible municipality". Effective immediately.


LRB097 06605 JDS 46690 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1901LRB097 06605 JDS 46690 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 3-101 and 4-101 and by adding Sections 3-146 and
64-141.5 as follows:
 
7    (40 ILCS 5/3-101)  (from Ch. 108 1/2, par. 3-101)
8    Sec. 3-101. Creation of fund. In each municipality, as
9defined in Section 3-103, the city council or the board of
10trustees, as the case may be, shall, unless otherwise
11authorized under Section 3-146, establish and administer a
12police pension fund, as prescribed in this Article, for the
13benefit of its police officers and of their surviving spouses,
14children, and certain other dependents.
15(Source: P.A. 83-1440.)
 
16    (40 ILCS 5/3-146 new)
17    Sec. 3-146. Election not to participate in fund following
182010 census.
19    (a) An eligible municipality is not subject to the
20requirements of this Article if it elects, in accordance with
21subsection (c) of this Section, to terminate participation
22under this Article.

 

 

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1    (b) For the purposes of this Section, "eligible
2municipality" means a municipality that (i) did not participate
3under this Article on January 1, 2011, (ii) had a population of
4less than 5,000, according to the 2000 federal census of
5housing and population, and (iii) has a population of 5,000 or
6more, according to the 2010 federal census of housing and
7population.
8    (c) If, after the official publication of the 2010 federal
9census of housing and population, an eligible municipality is
10for the first time required to participate under this Article,
11then the corporate authorities of that municipality may, by
12resolution or ordinance adopted within 60 days after the
13effective date of this amendatory Act of the 97th General
14Assembly or 60 days after the official publication of the 2010
15federal census of housing and population, whichever is later,
16elect not to participate under this Article, provided that,
17before the adoption of that resolution or ordinance may occur,
18an independent auditor must have certified (i) that a fund has
19not yet been created under this Article for that municipality
20or (ii) that a fund was created under this Article for that
21municipality after the publication of the 2010 census data, but
22that fund does not have any outstanding liabilities or any
23members, participants, or beneficiaries entitled to benefits.
24    (d) The corporate authorities of a municipality that elects
25not to participate under this Article may, by resolution or
26ordinance, elect to reinstate the municipality's participation

 

 

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1in the fund at any time.
 
2    (40 ILCS 5/4-101)  (from Ch. 108 1/2, par. 4-101)
3    Sec. 4-101. Creation of fund. In each municipality as
4defined in Section 4-103, the city council or the board of
5trustees, as the case may be, shall, unless otherwise
6authorized under Section 4-141.5, establish and administer a
7firefighters' pension fund as prescribed in this Article, for
8the benefit of its firefighters and of their surviving spouses,
9children and certain other dependents.
10(Source: P.A. 83-1440.)
 
11    (40 ILCS 5/4-141.5 new)
12    Sec. 4-141.5. Election not to participate in fund following
132010 census.
14    (a) An eligible municipality is not subject to the
15requirements of this Article if it elects, in accordance with
16subsection (c) of this Section, to terminate participation
17under this Article.
18    (b) For the purposes of this Section, "eligible
19municipality" means a municipality that (i) did not participate
20under this Article on January 1, 2011, (ii) had a population of
21less than 5,000, according to the 2000 federal census of
22housing and population, and (iii) has a population of 5,000 or
23more, according to the 2010 federal census of housing and
24population.

 

 

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1    (c) If, after the official publication of the 2010 federal
2census of housing and population, an eligible municipality is
3for the first time required to participate under this Article,
4then the corporate authorities of that municipality may, by
5resolution or ordinance adopted within 60 days after the
6effective date of this amendatory Act of the 97th General
7Assembly or 60 days after the official publication of the 2010
8federal census of housing and population, whichever is later,
9elect not to participate under this Article, provided that,
10before the adoption of that resolution or ordinance may occur,
11an independent auditor must have certified (i) that a fund has
12not yet been created under this Article for that municipality
13or (ii) that a fund was created under this Article for that
14municipality after the publication of the 2010 census data, but
15that fund does not have any outstanding liabilities or any
16members, participants, or beneficiaries entitled to benefits.
17    (d) The corporate authorities of a municipality that elects
18not to participate under this Article may, by resolution or
19ordinance, elect to reinstate the municipality's participation
20in the fund at any time.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.