HB1901 97TH GENERAL ASSEMBLY

LRB097 06605 JDS 46690 b

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.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 Sections 3-101 and 4-101 and by adding Sections 3-146 and 4-141.5 as follows:

(40 ILCS 5/3-101) (from Ch. 108 1/2, par. 3-101)

Sec. 3-101. Creation of fund. In each municipality, as defined in Section 3-103, the city council or the board of trustees, as the case may be, shall, unless otherwise authorized under Section 3-146, establish and administer a police pension fund, as prescribed in this Article, for the benefit of its police officers and of their surviving spouses, children, and certain other dependents.

(Source: P.A. 83-1440.)

(40 ILCS 5/3-146 new)

Sec. 3-146. Election not to participate in fund following 2010 census.

(a) An eligible municipality is not subject to the requirements of this Article if it elects, in accordance with subsection (c) of this Section, to terminate participation under this Article.

(b) For the purposes of this Section, "eligible municipality" means a municipality that (i) did not participate under this Article on January 1, 2011, (ii) had a population of less than 5,000, according to the 2000 federal census of housing and population, and (iii) has a population of 5,000 or more, according to the 2010 federal census of housing and population.

(c) 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 this Article, then the corporate authorities of that municipality may, by resolution or ordinance adopted within 60 days after the effective date of this amendatory Act of the 97th General Assembly or 60 days after the official publication of the 2010 federal census of housing and population, whichever is later, elect not to participate under this Article, provided that, before the adoption of that resolution or ordinance may occur, an independent auditor must have certified (i) that a fund has not yet been created under this Article for that municipality or (ii) that a fund was created under this Article for that municipality after the publication of the 2010 census data, but that fund does not have any outstanding liabilities or any members, participants, or beneficiaries entitled to benefits.

(d) The corporate authorities of a municipality that elects not to participate under this Article may, by resolution or ordinance, elect to reinstate the municipality's participation in the fund at any time.

(40 ILCS 5/4-101) (from Ch. 108 1/2, par. 4-101)

Sec. 4-101. Creation of fund. In each municipality as defined in Section 4-103, the city council or the board of trustees, as the case may be, shall, unless otherwise authorized under Section 4-141.5, establish and administer a firefighters' pension fund as prescribed in this Article, for the benefit of its firefighters and of their surviving spouses, children and certain other dependents.

(Source: P.A. 83-1440.)

(40 ILCS 5/4-141.5 new)

Sec. 4-141.5. Election not to participate in fund following 2010 census.

(a) An eligible municipality is not subject to the requirements of this Article if it elects, in accordance with subsection (c) of this Section, to terminate participation under this Article.

(b) For the purposes of this Section, "eligible municipality" means a municipality that (i) did not participate under this Article on January 1, 2011, (ii) had a population of less than 5,000, according to the 2000 federal census of housing and population, and (iii) has a population of 5,000 or more, according to the 2010 federal census of housing and population.

(c) 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 this Article, then the corporate authorities of that municipality may, by resolution or ordinance adopted within 60 days after the effective date of this amendatory Act of the 97th General Assembly or 60 days after the official publication of the 2010 federal census of housing and population, whichever is later, elect not to participate under this Article, provided that, before the adoption of that resolution or ordinance may occur, an independent auditor must have certified (i) that a fund has not yet been created under this Article for that municipality or (ii) that a fund was created under this Article for that municipality after the publication of the 2010 census data, but that fund does not have any outstanding liabilities or any members, participants, or beneficiaries entitled to benefits.

(d) The corporate authorities of a municipality that elects not to participate under this Article may, by resolution or ordinance, elect to reinstate the municipality's participation in the fund at any time.

Section 99. Effective date. This Act takes effect upon becoming law.